HB 1203 — Camping; prohibit on public property.

1203 (As Sent to Governor) AN ACT TO PROHIBIT CAMPING ON CERTAIN PUBLIC PROPERTY;

TO BRING FORWARD SECTIONS 97-17-85 AND 97-17-93, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CRIME OF TRESPASS UPON THE ENCLOSED LAND OF ANOTHER, FOR PURPOSES OF AMENDMENT;

TO BRING FORWARD SECTION 97-35-23, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS OBSTRUCTION OF PUBLIC STREETS;

(b) "Campsite" means a location on any property owned or controlled by a municipality, county or state, state agency or H.political subdivision of the state where camping materials are placed.

H.

1203 *HR26/R1937**HR26/R1937SG* ~ OFFICIAL ~ G1/2 25/HR26/R193725/HR26/R1937SG PAGE 1 (GT\KW) political(c) subdivision"Camping materials" include, but are not limited to, sleeping bags, tents, huts, blankets, plastics, awnings, lean-tos, chairs, tarps, portable stoves, and/or other collections of thepersonal stateproperty wherethat campingare, materialsor arereasonably placed.appear to be, arranged and/or used as accommodations to camp whether or not twenty-four (24) hours have passed.

(c) "Camping materials" include, but are not limited to, sleeping bags, tents, huts, blankets, plastics, awnings, lean-tos, chairs, tarps, portable stoves, and/or other collections of personal property that are, or reasonably appear to be, arranged and/or used as accommodations to camp whether or not twenty-four (24) hours have passed.

(f) "Relocate" means to move both the individual(s) and the individual's personal property off public property, or to a different location authorized by a municipality, county, state, state agency or political subdivision of the state as applicable H.for at least twenty-four (24) hours.

This definition does not include moving to another portion of the same property.

H.

1203 *HR26/R1937**HR26/R1937SG* ~ OFFICIAL ~ 25/HR26/R193725/HR26/R1937SG PAGE 2(GT\KW) forSECTION at2. least twenty-four (24) hours.

This definition does not include moving to another portion of the same property.

SECTION 2.

(1) No person may camp or create a campsite on any sidewalks, streets, sports fields, sports complexes, highways, alleys, roads, passageways or any other public property, except a public property that is otherwise designated for camping by a H.

1203 *HR26/R1937**HR26/R1937SG* ~ OFFICIAL ~ 25/HR26/R193725/HR26/R1937SG PAGE 3(GT\KW) alleys, roads, passageways or any other public property, except a public property that is otherwise designated for camping by a municipality, county, political subdivision or state, or by state law.

(1) Any municipality, county, political subdivision or state agency, as applicable, may remove individuals, personal property, camping materials, and campsites from public property consistent with this section as follows:

(a) Any municipality, county, political subdivision or state agency, as applicable, shall provide oral or written notice H.

1203 *HR26/R1937**HR26/R1937SG* ~ OFFICIAL ~ 25/HR26/R193725/HR26/R1937SG PAGE 4(GT\KW) (a)which Itemsmay havingbe noposted apparentin utilitya orprominent monetarylocation valuewithin andthe campsite for twenty-four (24) hours before items infrom ana unsanitarycampsite conditionare mayto be discarded.removed.

(b)After Weapons,the drugexpiration paraphernalia,of itemstwenty-four appearing(24) tohours, beany stolen,remaining anditems evidence of a crime may be retaineddiscarded as evidence by the lawapplicable enforcementmunicipality, agencycounty, ofpolitical thesubdivision governingor authoritystate uponagency. which the property is located until an alternate disposition is determined.

(c)(b) AllItems personalhaving propertyno removedapparent fromutility a campsite which is not disposed of or whichmonetary isvalue held as evidence (as provided above), shall be stored by the applicable law enforcement agency for a minimum of thirty (30) days, during which time it shall be made reasonably available for and releaseditems toin an individualunsanitary confirmingcondition ownershipmay consistentbe withdiscarded stateimmediately. law.

(c) Weapons, drug paraphernalia, items appearing to be stolen, and evidence of a crime may be retained as evidence by the law enforcement agency of the governing authority upon which the property is located.

(2) Whenever possible, any individual removed from a campsite pursuant to this act should be provided with available information concerning health, mental health, substance abuse treatment, or housing resources.

(2) Upon conviction for a violation of this act, if an individual demonstrates that after receiving the citation and before the hearing, they meaningfully engaged with private resources and/or service providers to address the reason(s) that ledH. them to be in violation, the court shall consider that information when determining the appropriate penalty.

H.

1203 *HR26/R1937**HR26/R1937SG* ~ OFFICIAL ~ 25/HR26/R193725/HR26/R1937SG PAGE 5(GT\KW) (3)led Convictionthem forto violationbe ofin thisviolation, actthe iscourt punishableshall byconsider athat fineinformation ofwhen notdetermining morethe thanappropriate Fiftypenalty. Dollars ($50.00).

(3) Conviction for violation of this act is punishable by a fine of not more than Fifty Dollars ($50.00).

These alternative penaltiespenalties, mayin notthe discretion of the court and subject to available space in an appropriate facility, may include a term of imprisonmentimprisonment, butnot to exceed six (6) months, and are otherwiseto be interpreted to be as broad as legally permissible.

For any sentence of imprisonment imposed under this section, the court shall find that there are substantial and compelling reasons to impose such imprisonment.

Section 97-17-85, Mississippi Code of 1972, is brought forward as follows:

97-17-85.

Except as otherwise provided in Sections 73-13-103 and 49-7-79, if any person shall go upon the enclosed land of another without his consent, after having been notified by such person or his agent not to do so, either personally or by published or posted notice, or shall remain on such land after a request by such person or his agent to depart, he shall, upon conviction, be fined not more than Fifty Dollars ($50.00) for such offense.

The provisions of this section shall apply to land not enclosed where the stock law is in force.

SECTION 8.

Section 97-17-93, Mississippi Code of 1972, is brought forward as follows:

97-17-93.

(1) Any person who knowingly enters the lands of another without the permission of or without being accompanied by the landowner or the lessee of the land, or the agent of such landowner or lessee, shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of Two Hundred Fifty Dollars ($250.00).

Upon conviction of any H.

B.

No.

1203 *HR26/R1937* ~ OFFICIAL ~ 25/HR26/R1937 PAGE 6(GT\KW) person for a second or subsequent offense, the offenses being committed within five (5) years of the last offense, such person shall be punished by a fine of Five Hundred Dollars ($500.00), and may be imprisoned in the county jail for a period of not less than ten (10) nor more than thirty (30) days, or by both such fine and imprisonment.