Bill Text: IA HF331 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to criminal trespass and including applicability provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-02-26 - Passed subcommittee. [HF331 Detail]
Download: Iowa-2015-HF331-Introduced.html
House File 331 - Introduced HOUSE FILE BY WORTHAN A BILL FOR 1 An Act relating to criminal trespass and including 2 applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1966YH (2) 86 jh/rj PAG LIN 1 1 Section 1. Section 716.7, Code 2015, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 4. A person has received notice to abstain 1 4 from entering or remaining upon or in property within the 1 5 meaning of subsection 2 if any of the following is applicable: 1 6 a. The person has been notified to abstain from entering or 1 7 remaining upon or in property personally, either orally or in 1 8 writing, including by a valid court order under chapter 236. 1 9 b. A printed or written notice forbidding such entry has 1 10 been conspicuously posted or exhibited at the main entrance to 1 11 the property or the forbidden part of the property. 1 12 c. Identifying purple marks or caps have been placed on 1 13 trees or posts around the area where entry is forbidden. Each 1 14 purple mark must be either of the following: 1 15 (1) A vertical line of at least eight inches in length and 1 16 the bottom of the mark must be no less than three feet and 1 17 no more than five feet above the ground. Such marks must be 1 18 placed no more than one hundred feet apart and must be readily 1 19 visible to any person approaching the property. 1 20 (2) A fence post capped or otherwise marked on at least the 1 21 post's top two inches. The bottom of the cap or mark must be 1 22 no less than three feet and no more than five feet, six inches 1 23 above the ground. Posts so capped or marked must be placed no 1 24 more than thirty=six feet apart and must be readily visible 1 25 to any person approaching the property. Prior to applying a 1 26 cap or mark which is visible from both sides of a fence shared 1 27 by different property owners, lessee, or others in lawful 1 28 possession, all such owners, lessees, or others in lawful 1 29 possession shall concur in the decision to apply a cap or mark 1 30 to the fence. 1 31 NEW SUBSECTION. 5. Subsection 4 shall not be construed 1 32 to authorize an owner, lessee, or other person in lawful 1 33 possession of any property to place any purple marks or caps 1 34 on any tree or post or to install any post or fence if doing 1 35 so would violate any applicable law, rule, ordinance, order, 2 1 covenant, bylaw, declaration, regulation, restriction, or 2 2 instrument. 2 3 Sec. 2. DISSEMINATION OF INFORMATION REGARDING MARKING 2 4 PROCEDURES. The departments of agriculture and land 2 5 stewardship and natural resources shall conduct an information 2 6 campaign for the public concerning the implementation and 2 7 interpretation of section 716.7, subsection 4, paragraph 2 8 "c". The information shall inform the public about the 2 9 marking requirements, including information regarding the size 2 10 requirements of the markings as well as the manner in which 2 11 the markings must be placed. The departments of agriculture 2 12 and land stewardship and natural resources shall also include 2 13 information that, prior to January 1, 2017, any owner, lessee, 2 14 or other person in lawful possession who chooses to place 2 15 purple markings or caps on such person's property, must also 2 16 comply with one of the other notice requirements listed in 2 17 section 716.7, subsection 4. The departments of agriculture 2 18 and land stewardship and natural resources may prepare a 2 19 brochure, disseminate the information through agency internet 2 20 sites, or collaborate with nongovernmental organizations to 2 21 assist in the dissemination of the information. 2 22 Sec. 3. APPLICABILITY. Section 716.7, subsection 4, 2 23 paragraph "c", as enacted in this Act, applies only to acts 2 24 which occur on or after January 1, 2017. 2 25 EXPLANATION 2 26 The inclusion of this explanation does not constitute agreement with 2 27 the explanation's substance by the members of the general assembly. 2 28 This bill relates to notice to persons that entry in or 2 29 on real estate is trespassing and provides an applicability 2 30 provision. 2 31 Under current law, criminal trespass includes entering or 2 32 remaining upon or in property without justification after being 2 33 notified or requested to abstain from entering or to vacate the 2 34 property. 2 35 The bill provides that a person has received notice to 3 1 abstain from entering or to vacate the property if the person 3 2 has been notified to abstain from entering or remaining upon or 3 3 in property personally, either orally or in writing, including 3 4 by a valid court order under Code chapter 236 (domestic abuse); 3 5 if a printed or written notice forbidding such entry has been 3 6 conspicuously posted or exhibited at the main entrance to 3 7 the property or the forbidden part of the property; or if 3 8 identifying purple marks or caps have been placed on trees 3 9 or posts around the area where entry is forbidden. The bill 3 10 specifies the requirements for using purple marks or caps on 3 11 trees or posts, including the size, location, and placement of 3 12 the purple marks or caps. 3 13 The bill provides that placing purple marks or caps on trees 3 14 or posts does not constitute notice until January 1, 2017. 3 15 Entering a property so marked or capped after that date could 3 16 result in a criminal trespass charge. 3 17 The bill does not authorize an owner, lessee, or other person 3 18 in lawful possession of any property to place any purple marks 3 19 or caps on any tree or post or to install any post or fence if 3 20 doing so would violate any applicable law, rule, ordinance, 3 21 order, covenant, bylaw, declaration, regulation, restriction, 3 22 or instrument. 3 23 The bill directs the departments of agriculture and land 3 24 stewardship and natural resources to inform the general public 3 25 of the purple marking requirements, including information 3 26 regarding the size requirements of the markings as well as the 3 27 manner in which the markings must be placed. The bill provides 3 28 that the departments of agriculture and land stewardship and 3 29 natural resources may prepare a brochure, disseminate the 3 30 information through agency internet sites, or collaborate 3 31 with nongovernmental organizations to help disseminate the 3 32 information. LSB 1966YH (2) 86 jh/rj
