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SPONSOR: |
Nunez |
DATE TYPED: |
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HB |
950 |
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SHORT TITLE: |
Criminal Trespass Posting And Notices |
SB |
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ANALYST: |
Fox-Young |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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See Narrative |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Duplicates SB 737
Responses
Received From
Administrative
Office of the Courts (AOC)
Corrections
Department (CD)
Department
of Public Safety (DPS)
SUMMARY
Synopsis
of Bill
House Bill 950 amends Section 30-14-1 NMSA,
providing that one commits criminal trespass by entering or remaining upon fenced
or posted private property without possessing written permission from
the owner or person in control of the land.
Under the current statute, notice of no consent
to enter shall be deemed sufficient notice to the public and evidence to the
courts, by the posting of the property at all vehicular access entry ways.
The bill specifies that notice of no consent to
enter unposted private property is sufficient when it consists of the
written communication by the owner, lessee, person in lawful possession or his
agent or by the existence of fencing or other enclosure obviously designed to
exclude intruders or to contain livestock.
The bill amends Section 30-14-1.1, providing
that a person who enters upon the lands of another when such lands are posted
against trespass is guilty of a misdemeanor.
The current statutory language requires posting at every roadway or
apparent way of access.
The Act amends Section 30-14-6 NMSA, providing
that sufficient notice that entry is forbidden without permission consists of:
Significant
Issues
The bill broadens the definition of sufficient notice that entry is forbidden, eliminating the present notice requirements and establishing new ones. The current statute places a significant burden on landholders, as it requires that signs be posted at every roadway or apparent way of access indicating the existence of private property. The bill eliminates this requirement.
AOC indicates the provisions of the bill are likely to affect children more than adults.
FISCAL IMPLICATIONS
AOC notes that the
bill will likely prompt an increase in cases involving criminal trespass, meaning
that costs will likely increase for courts, PDD and district attorneys.
The
Corrections Department (CD) notes that the bill may prompt a slight increase in
costs, as more people will likely serve probation for this crime. CD notes that the probation fees generated
from these convictions will probably not offset the increased costs.
Duplicates SB 737.
TECHNICAL ISSUES
AOC notes that the bill does not detail the type
and condition of fencing sufficient to provide notice of potential trespass
upon entry.
AOC recommends amending the language contained
in Section 1(B) relating to written communication to refer to the “…written
communication of the owner…”
JCF/njw:yr