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Key Votes

H 658 - Amends Trespassing Laws - Idaho Key Vote

Michelle Stennett voted Nay (Passage With Amendment) on this Legislation.

Read statements Michelle Stennett made in this general time period.

Timeline

Issues Related to H 658

Stage Details

Legislation - Became Law Without Governor's Signature (Executive) -

Title: Amends Trespassing Laws

Legislation - Concurrence Vote Passed (House) (51-18) -

Title: Amends Trespassing Laws

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).

Legislation - Bill Passed With Amendment (Senate) (29-6) - (Key vote)
See How Your Politicians Voted

Title: Amends Trespassing Laws

Vote Result
Yea Votes
Nay Votes
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).

Legislation - Bill Passed (House) (45-22) - (Key vote)
See How Your Politicians Voted

Title: Amends Trespassing Laws

Vote Result
Yea Votes
Nay Votes
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).

Legislation - Introduced (House) -

Title: Amends Trespassing Laws

Committee Sponsors

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