H 658 — PROPERTY – Amends and adds to existing law to provide for civil trespass, criminal trespass and recreational trespass, and to limit the liability of a landowner to a trespasser.

658658, As Amended in the Senate BY WAYS AND MEANS COMMITTEE AN ACT RELATING TO TRESPASS;

AMENDING SECTION 6-202, IDAHO CODE, TO PROVIDE FOR ACTIONS FOR CIVIL TRESPASS, TO PRO-PROVIDE VIDE DEFINITIONS, TO PROVIDE FOR ACTS CONSTITUTING CIVIL TRESPASS,TRESPASS AND CIVIL TRESPASS WITH DAMAGE, TO PROVIDE FOR PENALTIESDAMAGES AND TO PROVIDE FOR EXCLUSIONS;EXCLU- SIONS;

REPEALING SECTION 18-7008, IDAHO CODE, RELATING TO TRES-TRESPASS; PASS;

AMENDING CHAPTER 70, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-7008, IDAHO CODE, TO PROVIDE FOR CRIMINAL TRESPASS, TO PRO-PROVIDE VIDE DEFINITIONS, TO PROVIDE FOR ACTS CONSTITUTING CRIMINAL TRESPASS AND CRIMINAL TRESPASS WITH DAMAGE, TO PROVIDE FOR PENALTIES AND TO PRO-PROVIDE VIDE FOR EXCLUSIONS;

REPEALING SEC-SECTION TION 36-1602, IDAHO CODE, RELATING TO HUNTINGHUNT- ING ON CERTAIN LANDS WITHOUT PERMISSION;

AMENDING SECTION 36-1603, IDAHO CODE, TO PROHIBIT TRES-TRESPASSING PASSING WHILE HUNTING, FISHING AND TRAPPING,TRAP- PING, TO PROVIDE REMEDIESREMEDIES, AND TO AUTHORIZE PERMISSION FORMS;FORMS AND TO PROVIDE FOR THE DISSEMINATION OF INFORMATION;

AMENDING SECTION 36-1604, IDAHO CODE, TO PROVIDE FOR THE APPLICABILITY OF CERTAIN REMEDIES WITH RESPECT TO THE LIABILITY OF THOSE USING THE LAND OF ANOTHER PERSON FOR RECREATIONRECRE- ATION AND TO MAKE TECHNICAL CORRECTIONS;

(c) "Damage" means any injury or damage to real or personal property and includes, withoutbut limitation,is not limited to, any of the following actions, when conducted without lawful authority, the consent of the landowner or his agent, or a valid license:

(f) "Permission" means written authorization from the owner or his agent to enter upon private land, which shall include the signature of the owner or his agent, the name of the person being given permission, the appropriate dates that the permission is valid and a general de - scription of the property.property;

or another form of permission or invitation recognized by law.

(g) "Remains" means to fail to depart from the real property of another immediately when notified to do so by the owner or his agent.

A person commits a civil trespass with damage when he enters andor remains on the real prop - erty of another without permission, knowing or with reason to know that his presence is not permitted, and causes damage to real or personal property in excess of one thousand dollars ($1,000).

or (iv) The property is unfenced and uncultivated but is posted with conspicuous "no trespassing" signs or bright orange or fluores - cent paint at all property corners and boundaries where the prop-prop - erty intersects navigable streams, roads, gates and rights-of-way entering the land, and is posted in a manner that a reasonable per-per - son would be put on notice that it is private land.

Any person found liable for a civil trespass pur- suant to subsection (2)(a) of this section shall be liable for the fol - lowing damagesdamages: and penalties:

A civildamage fineaward or penalty of five hundred dollars ($500);

and (iii) AnyReasonable costs associated with investigating any trespass,tres- pass, as approved by the court, which shall be taxed as costs in any civil action brought to enforce the provisions of this section, if the plaintiff prevails.

and (iii) AnyReasonable costs associated with investigating any trespass,tres- pass, as approved by the court, which shall be taxed as costs in any civil action brought to enforce the provisions of this section, if the plaintiff prevails .

Provided(c) however,If thean owneraction orfor operatorcivil oftrespass any right-of-way or easementcivil fortrespass anywith ditch,damage canalis orbrought otherwithout conduitfoundation governedand by the provisionsdefendant ofprevails, chapterthe 11defendant ormay chapterbe 12,awarded titlereasonable 42,attorney's Idahofees, Code,which who is found in violation of this section shall be liabletaxed onlyas forcosts. actual damages and not for any treble damages or, attorney's fees or investigation costs otherwise provided for under this sub section.

(4)Provided Allhowever, damagesthe andowner penaltiesor awardedoperator pursuantof toany thisright-of-way sectionor shalleasement befor remittedany toditch, canal or other conduit governed by the ownerprovisions of thechapter land11 trespassedor upon,chapter or,12, iftitle personal42, propertyIdaho wasCode, injuredor whileany trespassing,rail thecarrier owneror aircraft who is found in violation of thatthis personalsection property,shall be liable only for actual damages and not for any treble damages or both., attorney's fees or investigation costs otherwise provided for under this subsection.

(4) All damages and penalties awarded pursuant to this section shall be remitted to the damaged party.

(6) Subject to any rights or authorities described in subsection (7) of this section, a landowner or his agent may revoke permission granted under this section to another to enter or remain upon his property at any time, for any reason, orally, in writing, or by any other form of notice reasonably apap- - parent to the permitted person or persons.

(a) An established right of entry or occupancy of the real property in question, including, withoutbut limitation:not limited to:

(i) An invitation, whether express or implied, to enter or remain on real property including, withoutbut limitation,not limited to, the right to enter property that is, at the time, open to the public, if the person is in compliance with lawful conditions imposed on access;

(b) A lawful authority to enter onto or remain upon the real property in question, including, withoutbut limitation:not limited to:

or (iii) Any licensed professional otherwise authorized to enter or remain on the real property during the course and scope of fulfill - ing his lawful duties;

(8) Examples of the exclusions in subsection (7) of this section in- clude, withoutbut limitation,are not limited to, a customer entering and remaining in a store durduring - ing business hours who has not been asked to depart by the property owner or his agent;

That Title 6, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER,CHAPTER , to be known and designated as Chap- ter 31, Title 6, Idaho Code, and to read as follows:

(c) "Damage" means any injury or damage to real or personal property and includes, withoutbut limitation,is not limited to, any of the following actions, when conducted without lawful authority, the consent of the landowner or his agent, or a valid license:

(f) "Permission" means written authorization from the owner or his agent to enter upon private land, which shall include the signature of the owner or his agent, the name of the person being given permission, the appropriate dates that the permission is valid and a general de- scription of the property.property;

or another form of permission or invitation recognized by law.

(g) "Remains" means to fail to depart from the real property of another immediately when notified to do so by the owner or his agent.

(a) A person commits criminal trespass and is guilty of a misdemeanor, except as provided in subsection (3)(a)(i) of this section, when he enters andor remains on the real property of another without permission, knowing or with reason to know that his presence is not permitted.

A person has reason to know that his presence is not permitted onwhen, except un- der a landlord-tenant relationship, he fails to depart immediately from the real property thatof meetsanother anyafter being notified by the owner or his agent to do so, or he returns without permission or invitation within one (1) year, unless a longer period of time is designated by the followingowner descriptions:or his agent.

In addition, a person has reason to know that his pres- ence is not permitted on real property that meets any of the following descriptions:

MayIf beno sentenceddamage of any kind was committed during the trespass and the person accused does not remain if ordered to jaildepart forby athe periodowner of nothe morereal thanproperty sixor (6)his months;agent, then the per- son shall be guilty of an infraction and fined in the amount of three hundred dollars ($300);

andor 2.

ShallExcept beas finedprovided in ansubparagraph amount(i)1. no less than five hundred dol- lars ($500) and no more than one thousand dollars ($1,000).

of this para- graph, the person may be sentenced to jail for a period of no more than six (6) months and shall be fined in an amount no less than five hundred dollars ($500) and no more than one thousand dollars ($1,000).

(a) An established right of entry or occupancy of the real property in question, including, withoutbut limitation:not limited to:

(i) An invitation, whether express or implied, to enter or remain on real property including, withoutbut limitation,not limited to, the right to enter property that is, at the time, open to the public, if the person is in compliance with lawful conditions imposed on access;