SENATE BILL REPORT

SB 5494

BYSenators Sellar, Halsan, Newhouse, Hansen, Barr and Lee

Defining criminal trespass to property.

Senate Committee on Judiciary

Senate Hearing Date(s):February 11, 1987

Senate Staff:Jon Carlson (786-7459)

AS OF FEBRUARY 10, 1987

BACKGROUND:

Under current law, a person is presumed to be legally upon the land of another if that land is unused, unimproved or not fenced or enclosed in such a way as to indicate a desire to keep people off the property. This presumption of legality is overcome if the intruder has personally been told to stay off or unless the land is posted in a conspicuous manner.

Many property owners feel that the present law is unenforceable. Signs are destroyed,  and trespassers often successfully claim the defense of lack of notice.  Some lands are not fenced,  or the fences are in such a state of disrepair that it is difficult to prosecute. Landowners also feel that the penalties with respect to trespass need to be increased.

SUMMARY:

Criminal trespass to property is established, and criminal trespass in the first degree and second degree are removed from statute.  Criminal trespass to property applies to both buildings and land and is a gross misdemeanor.

Entry onto the land of another is allowed by explicit permission of the owner or by the failure of the landowner to post a notice denying entry.

A notice denying entry must be placed on a post, structure, or natural object by marking it with a written notice or with fluorescent orange paint. The areas where the notice must be placed are specified. The departments of fisheries, game, parks, and natural resources are required to educate the public concerning these provisions through their own publications and the media.

Fiscal Note:      requested