Bill Text: NJ S3667 | 2022-2023 | Regular Session | Introduced
Bill Title: Revises offense of agricultural trespass to eliminate mental state requirements, expands number and type of activities constituting agricultural trespass, and expands definition of "lands" susceptible to agricultural trespass.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-28 - Introduced in the Senate, Referred to Senate Economic Growth Committee [S3667 Detail]
Download: New_Jersey-2022-S3667-Introduced.html
Sponsored by:
Senator DOUGLAS J. STEINHARDT
District 23 (Hunterdon, Somerset and Warren)
SYNOPSIS
Revises offense of agricultural trespass to eliminate mental state requirements, expand number and type of activities constituting agricultural trespass, and expand definition of "lands" susceptible to agricultural trespass.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the offense of agricultural trespass, and amending P.L.1983, c.522 and R.S.4:17-2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1983, c.522 (C.2C:18-4) is amended to read as follows:
1. As used in this act, "lands" means any of the following types of lands on which trespass is prohibited by the owner, provided that public notice of such prohibition is directly communicated to a person wishing to enter such lands, or is conspicuously posted on the lands, in writing, or is otherwise made apparent to potential entrants to the land, through the use of fencing or another physical enclosure that is manifestly designed to exclude intruders: agricultural or horticultural lands devoted to the production [for] or sale of plants and animals useful to man[, encompassing]; plowed or tilled fields, as well as their standing crops or [their] the residues[,] therefrom; cranberry bogs and appurtenant dams, dikes, canals, ditches, and pump houses, including impoundments, man-made reservoirs, and the [adjacent] shorelines adjacent thereto[,]; orchards[,]; nurseries[, and]; lands with a maintained fence for the purpose of restraining domestic livestock[. "Lands" shall also include]; lands in agricultural use, as defined in section 3 of P.L.1983, c.32 (C.4:1C-13)[, where public notice prohibiting trespass is given by actual communication to the actor, conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders]; appurtenant woodland that is contiguous to, a part of, or beneficial to, another tract of land to which the woodland is supportive and subordinate, which other tract of land has at least five acres devoted to agricultural or horticultural uses, including the production, for sale, of Christmas trees, but excluding the production, for sale, of other trees or forest products; and lands that are appurtenant to any of the aforementioned lands and are used for the maintenance or storage of agricultural equipment.
(cf: P.L.1983, c.522, s.1)
2. Section 2 of P.L.1983, c.522 (C.2C:18-5) is amended as follows:
2. It is an offense under P.L.1983, c.522 (C.2C:18-4 et seq.) to:
a. [Knowingly or recklessly operate a motorized vehicle or to ride horseback] encroach upon the lands of another by entering or remaining on such lands beyond established or usual limits, whether on foot, while riding horseback, while using a motorized or non-motorized vehicle, or otherwise, without obtaining and being in possession of the written permission of the owner, occupant, lessee, or licensee [thereof.]of the lands; or
b. [Knowingly or recklessly] damage or injure any tangible property, including, but not limited to, any fence, building, [feedstocks] feedstock, [crops] crop, [live trees] tree, or [any] domestic [animals] animal, that is located on the lands of another.
(cf: P.L.2018, c.121, s.1)
3. R.S.4:17-2 is amended to read as follows:
4:17-2. a. Except as provided otherwise pursuant to subsection b. of this section, any person who trespasses upon the agricultural or horticultural lands of another [is], shall be liable to a civil penalty of not less than [$100.00] $100.
b. In addition to any other applicable fines, penalties, or restitution that may be assessed pursuant to section 3 of P.L.1983, c.522 (C.2C:18-6) or any other law, any person who [knowingly or recklessly operates] operates a motorized vehicle or rides horseback upon the lands of another without obtaining and being in possession of the written permission of the owner, occupant, lessee, or licensee thereof, or who damages or injures any tangible property, including, but not limited to, any fence, building, [feedstocks] feedstock, [crops] crop, [live trees] tree, or [any] domestic [animals] animal, that is located on the lands of another, shall be liable to:
(1) a civil penalty of not less than $1,000; and
(2) the owner, occupant, lessee, or licensee of the lands for any reasonable and necessary expenses, including reasonable attorney fees, incurred by the owner, occupant, lessee, or licensee to ensure that the lands and tangible property are restored to their condition prior to commission of the offense.
The court shall make a finding of the amount of expenses incurred and damages sustained, and shall order the defendant to pay as appropriate.
c. Any civil penalty imposed pursuant to subsection a. or b. of this section shall be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the "Penalty Enforcement Law of 1999." If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense.
d. Nothing in this article shall relieve the owners of agricultural or horticultural lands from the obligation to provide conspicuous posting prohibiting trespass on the waters or banks along or around any waters listed for stocking with fish in the current fish code adopted pursuant to section 32 of P.L.1948, c.448 (C.13:1B-30) before a trespass violation may be found.
e. As used in this article, "agricultural or horticultural lands" means any of the following types of lands on which trespass is prohibited by the owner, provided that public notice of such prohibition is directly communicated to a person wishing to enter such lands, or is conspicuously posted on the lands, in writing, or is otherwise made apparent to potential entrants to the land, through the use of fencing or another physical enclosure that is manifestly designed to exclude intruders: agricultural or horticultural lands devoted to the production [for] or sale of plants and animals useful to man[, encompassing]; plowed or tilled fields, as well as their standing crops or [their] the residues[,] therefrom; cranberry bogs and appurtenant dams, dikes, canals, ditches, and pump houses, including impoundments, man-made reservoirs, and the [adjacent] shorelines adjacent thereto[,]; orchards[,]; nurseries [and]; lands with a maintained fence for the purpose of restraining domestic livestock[. "Agricultural or horticultural lands" shall also include]; lands in agricultural use, as defined in section 3 of P.L.1983, c.32 (C.4:1C-13) [where public notice prohibiting trespass is given by actual communication to the actor, conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders]; appurtenant woodland that is contiguous to, a part of, or beneficial to, another tract of land to which the woodland is supportive and subordinate, which other tract of land has at least five acres devoted to agricultural or horticultural uses, including the production, for sale, of Christmas trees, but excluding the production, for sale, of other trees or forest products; and lands that are appurtenant to any of the aforementioned lands and are used for the maintenance or storage of agricultural equipment.
(cf: P.L.2018, c.121, s.3)
4. This act shall take effect immediately.
STATEMENT
This bill would revise the law pertaining to the offense of agricultural trespass. Current law provides that a person commits the crime of agricultural trespass if the person either: (1) knowingly or recklessly operates a motorized vehicle or rides horseback upon the lands of another without obtaining and possessing the written permission of the owner, occupant, lessee, or licensee of the lands; or (2) knowingly or recklessly damages or injures any tangible property, including any fence, building, feedstocks, crops, trees, or domestic animals, located on the lands of another. Current law also provides for the imposition of a civil penalty in cases where a person knowingly or recklessly engages in these activities.
This bill would eliminate the law's provisions requiring knowledge or recklessness to be established as an element of the offense of agricultural trespass, and it would additionally expand the types of activities that will be deemed to constitute such offense. Specifically, under the bill's provisions, a person would be deemed to have committed the crime of agricultural trespass, and would additionally be subject to a civil penalty for agricultural trespass, if the person: (1) encroaches upon the lands of another by entering or remaining on such lands beyond established or usual limits, whether on foot, while riding horseback, while using a motorized or non-motorized vehicle, or otherwise, without obtaining and being in possession of the written permission of the owner, occupant, lessee, or licensee of the lands; or (2) damages or injures any tangible property, including, any fence, building, feedstock, crop, tree, or domestic animal, which is located on the lands of another.
The bill would also amend the existing statutory definitions of "lands" that are subject to agricultural trespass, in order to clarify those definitions, facilitate ease of reading, and expand the definitions to include the following types of land, where appropriate notice of a trespass prohibition is provided: (1) appurtenant woodland, which is contiguous to, a part of, or beneficial to, another tract of land to which the woodland is supportive and subordinate, which other tract of land has at least five acres devoted to agricultural or horticultural uses including the production, for sale, of Christmas trees, but excluding the production, for sale, of other trees or forest products; and (2) lands that are appurtenant to the above-described appurtenant woodland or that are appurtenant to any other types of lands already subject to agricultural trespass under the applicable statutory definitions, provided that such appurtenant lands are used for the maintenance or storage of agricultural equipment.
