04/08/2014 09:00 AM Senate FINANCE

SENATE BILL NO. 201                                                                                                           
                                                                                                                                
     "An Act relating to the crime of trespass."                                                                                
                                                                                                                                
10:04:07 AM                                                                                                                   
                                                                                                                                
Co-Chair Meyer  noted that  he had  legal concerns  with the                                                                    
bill regarding  whether the landowner  would be liable  if a                                                                    
trespasser was injured on the owner's property.                                                                                 
                                                                                                                                
10:04:36 AM                                                                                                                   
                                                                                                                                
ANNE CARPENETI,  ASSISTANT ATTORNEY GENERAL,  LEGAL SERVICES                                                                    
SECTION-JUNEAU,  CRIMINAL   DIVISION,  DEPARTMENT   OF  LAW,                                                                    
deferred  the   question  to  the  Civil   Division  of  the                                                                    
department.                                                                                                                     
                                                                                                                                
10:05:12 AM                                                                                                                   
                                                                                                                                
Vice-Chair   Fairclough  noted   that   Ms.  Carpeneti   was                                                                    
retiring.  She acknowledged  that Ms.  Carpeneti had  served                                                                    
the state  well for  many years.  Co-Chair Meyer  echoed her                                                                    
sentiments.                                                                                                                     
                                                                                                                                
10:06:10 AM                                                                                                                   
                                                                                                                                
Vice-Chair Fairclough  highlighted that the bill  before the                                                                    
committee  was  in response  to  concerns  from the  general                                                                    
public  that certain  public  law  enforcement officers  had                                                                    
violated the  public trust by  working under  the assumption                                                                    
that  trespass  laws did  not  apply  to them.  She  queried                                                                    
whether the  bill decreased the state's  ability to advocate                                                                    
for the rights  for the property owner;  conversely, could a                                                                    
person who  trespasses unknowingly  be penalized due  to the                                                                    
passage of  the legislation. Ms. Carpeneti  replied that the                                                                    
current version  of the bill  repealed sub-section C  in the                                                                    
definitions  for  criminal  trespass. It  would  remove  the                                                                    
requirement that in order to  prosecute someone for criminal                                                                    
trespass a notice  would have to be posted  at every obvious                                                                    
entry  onto the  land.  The bill  version  also removed  the                                                                    
requirements  for the  size of  the  notice. She  understood                                                                    
that  by  repealing  the sub-section  prosecution  could  be                                                                    
carried out more swiftly.                                                                                                       
                                                                                                                                
10:09:00 AM                                                                                                                   
                                                                                                                                
Vice-Chair  Fairclough thought  that the  bill spoke  to the                                                                    
issue  of  how property  owners  were  expected to  let  the                                                                    
public  know that  the property  was  private. She  believed                                                                    
that there  was no way  that a private property  owner could                                                                    
post a no  trespassing sign on every entry  to the property.                                                                    
She  offered  her  support  for   moving  the  bill  out  of                                                                    
committee.                                                                                                                      
                                                                                                                                
10:10:41 AM                                                                                                                   
                                                                                                                                
Senator  Dunleavy  thought  that  the  issue  was  regarding                                                                    
conducting  activities on  someone else's  property and  not                                                                    
with  people simply  passing  through  private property.  He                                                                    
inquired  how  the  bill  could   address  this  issue.  Ms.                                                                    
Carpeneti replied  that if only sub-section  C were repealed                                                                    
people would still be allowed  to pass through property that                                                                    
appeared  unused,  provided  the   property  owner  did  not                                                                    
verbally tell  the person  not to  enter. She  believed that                                                                    
hunting on private land would still be against the law.                                                                         
                                                                                                                                
10:13:10 AM                                                                                                                   
                                                                                                                                
Senator Dunleavy hypothesized that  if Section C was removed                                                                    
a  person approaching  a  fence while  hiking  in the  woods                                                                    
would  have   to  assume  they  were   coming  upon  private                                                                    
property. Ms. Carpeneti replied  that a fence would indicate                                                                    
that the property was private.                                                                                                  
                                                                                                                                
10:13:36 AM                                                                                                                   
                                                                                                                                
Senator Dunleavy inquired if someone  could trap on the land                                                                    
if  the land  looked  like  it had  not  been improved.  Ms.                                                                    
Carpeneti  replied  that  she   would  have  to  check  with                                                                    
Department of Public Safety.                                                                                                    
                                                                                                                                
10:14:17 AM                                                                                                                   
                                                                                                                                
Senator Dunleavy  wondered if  the current  law were  not to                                                                    
change,  people  could  access private  property  if  a  "no                                                                    
trespassing" sign  were absent.  Ms. Carpeneti  replied that                                                                    
if the land  was unimproved and apparently  unused, a person                                                                    
could pass through the property.                                                                                                
                                                                                                                                
10:14:55 AM                                                                                                                   
                                                                                                                                
Co-Chair  Meyer noted  that Co-Chair  Kelly  had joined  the                                                                    
committee.                                                                                                                      
                                                                                                                                
10:15:05 AM                                                                                                                   
                                                                                                                                
Co-Chair Meyer noted that the bill had a zero fiscal note.                                                                      
                                                                                                                                
10:15:28 AM                                                                                                                   
                                                                                                                                
Vice-Chair Fairclough MOVED to REPORT  CSSB 201(JUD)  out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes. There  being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
CSSB  201 (JUD)  was REPORTED  out of  committee with  a "do                                                                    
pass" recommendation  and with  a new  fiscal note  from the                                                                    
Department of  Administration, a  new zero fiscal  note from                                                                    
the Department of  Corrections, a new zero  fiscal note from                                                                    
Department  of  Law and  with  3  previously published  zero                                                                    
fiscal notes: FN1(ADM), FN4(DPS), FN5(DPS).                                                                                     
                                                                                                                                
10:15:45 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:20:28 AM                                                                                                                   
RECONVENED