SB 221 — Revises provisions governing warnings against trespassing. (BDR 15-17)

(ReprintedSenate withBill amendmentsNo. adopted on May 22, 2019) FIRST REPRINT S.B.

221221–Senator SENATESettelmeyer BILLCHAPTER.......... NO .

221–SENATOR SETTELMEYER FEBRUARY 18, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing warnings against trespassing.

(BDR 15-17) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existingany lawbuilding makesof itanother ain misdemeanorcertain forcircumstances, aincluding personwillfully togoing gooro upon the land or into remaining on land or in a building after being warned by the owner or occupant thereof not to trespass.

(2) fence the area;(NRS 207.200)make an oral or written demand to vacate the land or building.

orThis (3)bill: make an oral or written demand to vacate the land or building.

(NRThis bill:

(3) provides that using an area as cultivated land“cultivated providesland” sufficientfor warningsuch againstpurposes.inst trespass;

and (4) defines the term “cultivatedEXPLANATION land”– forMatter suchin purposes.bolded italics is new;

THEmatter SENATEbetween ANDbrackets ASSEMBLY,[omitted DOmaterial] ENACTis ASmaterial FOLLOWS:Dto INbe Sectionomitted. 1.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.

- *SB221_R1* – 2 – (a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act;

(1) Not less than 50 square inches [of the exterior portion] of a structure or natural object or the top 12 inches [of the exterior - 80th Session (2019) – 2 – portion] of a post, whether made of wood, metal or other material, at:

and (2)designed Eachto sideallow ofhuman allingress gates,to cattlethe guardsarea;ards and openings that are designed(b) to[If allowthe humanland ingressis tonot used in the area;manner specified in paragraph (a), by painting with fluorescent orange paint not less than 50 square inches of the exterior portion of a structure or natural object or the top 12 inches of the exterior portion of a post, whether made of wood, metal or other material, at:

(a),(1) byIntervals paintingof withsuch fluorescenta orangedistance paintas notis lessnecessary thanto 50ensure squarethat inchesat ofleast theone exteriorsuch portionstructure, of a structure or natural object or thepost topwould 12be incheswithin of the exteriordirect portionline of sight of a post,person whetherstanding madenext ofto wood,another metalsuch structure, natural object or otherpost, material,but at:at intervals of not more than feet;

(1) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 200 feet;

and (2)(d) EachUsing corner of the land,area uponas orcultivated nearland; the boundary;

-ornear *SB221_R1* – 3 – (d) Using the areaboundary; as cultivated land;

or (e) By the owner or occupant of the land or building making an oral or written demand to any guest to vacate the land or building.

- 80th Session (2019) – 3 – (b) “Fence” means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence.

[(b)] (c) “Guest” means any person entertained or to whom hospitality is extended, including, but not limited to, any person who stays overnight.

The term does not include a tenant as defined in Sec.NRS 118A.170.

Sec.

H~~~~~ 19 - *SB221_R1*80th Session (2019)