Vote Smart's Synopsis:

Vote to pass with amendment a bill that amends trespassing laws.

Highlights:

• Defines “entering” as going onto real property either in person or by causing an object to go upon or over real property (Sec. 2).

• Specifies that an individual commits a civil trespass when they enter and remain on the property, cause damage that exceeds $1,000, have knowledge that they are not permitted, and the property is one of the following (Sec. 2):

• A fenced or otherwise enclosed area;

• Property with a conspicuous “no trespassing” sign; or

• Property that is cultivated.  

• Defines damage as any injury or damage to real or personal property that includes any of the following actions when trespassing (Sec. 2):

• Injuring or carrying out any wood, underbrush, timber or tree;

• Digging or taking soil or stone;

• Damaging any gate, fence or no-trespassing sign;

• Injuring a domestic animal; or

• Driving onto cultivated land.

• Specifies that a first trespassing offense with damage is a misdemeanor subject to no more than 6 months in prison and a fine between $1,500 and $5,000 (Sec. 6).

• Requires all damages to be awarded to the land or property owner (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass with amendment a bill that amends trespassing laws.

Highlights:

• Amends the House version of the bill by (Secs. 2 and 6):

• Clarifying that permission to enter property can be written or verbal;

• Classifying a first trespassing offense with no damages as an infraction rather than a misdemeanor;

• Authorizing exonerated defendants to collect attorney fees in a civil suit; and

• Awarding damage fees to the damaged party, rather than the land or property owner.

• Amends the fines for criminal trespassing to range from $300 to $1,000 for a first offense and $5,000 to $10,000 for a third or subsequent offence within a 10-year period (Sec. 6).

• Repeals the requirement for a landowner to have a posting or warning sign against trespassers in order to bring legal action against them (Sec. 11).

• Specifies that if a trespassing offense causes more than $1,000 in damages, the offender or offenders will be convicted of a felony, face 1 to 5 years in prison, and imposed a fine of $15,000 to $50,000 for a third offense (Sec. 6).

• Prohibits hunting or fishing on private property without the owner’s permission (Sec. 9).

• Specifies that for a second or third offense of hunting or fishing on property without permission, the offender’s hunting or fishing license will be revoked for 1 to 5 years (Sec. 9).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends trespassing laws.

Highlights:

• Defines “entering” as going onto real property either in person or by causing an object to go upon or over real property (Sec. 2).

• Specifies that an individual commits a civil trespass when they enter and remain on the property, cause damage that exceeds $1,000, have knowledge that they are not permitted, and the property is one of the following (Sec. 2):

• A fenced or otherwise enclosed area;

• Property with a conspicuous “no trespassing” sign; or

• Property that is cultivated.  

• Defines damage as any injury or damage to real or personal property that includes any of the following actions when trespassing (Sec. 2):

• Injuring or carrying out any wood, underbrush, timber or tree;

• Digging or taking soil or stone;

• Damaging any gate, fence or no-trespassing sign;

• Injuring a domestic animal; or

• Driving onto cultivated land.

• Specifies that a first trespassing offense with damage is a misdemeanor subject to no more than 6 months in prison and a fine between $1,500 and $5,000 (Sec. 6).

• Requires all damages to be awarded to the land or property owner (Sec. 2).

Full Bill Text