03/28/2014 01:30 PM Senate JUDICIARY

          SB 201-CRIMINAL TRESPASS ON PRIVATE PROPERTY                                                                      
                                                                                                                                
2:39:51 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration  of  SB 201.  "An  Act  relating  to the  crime  of                                                               
trespass." He noted  this was the second hearing and  there was a                                                               
new committee substitute (CS).                                                                                                  
                                                                                                                                
2:40:08 PM                                                                                                                    
SENATOR MCGUIRE  moved to  adopt the  work draft  CS for  SB 201,                                                               
labeled 28-LS1470\U, for discussion purposes.                                                                                   
                                                                                                                                
CHAIR COGHILL objected for discussion purposes.                                                                                 
                                                                                                                                
2:40:37 PM                                                                                                                    
DARWIN  PETERSON,  Staff,  Senator  Bert  Stedman,  Alaska  State                                                               
Legislature Juneau,  Alaska, explained that the  original version                                                               
of  SB  201   deleted  AS  11.46.350(b)  and   (c),  which  would                                                               
essentially eliminate  the need to  post a "no  trespassing" sign                                                               
in order to keep people  off your private property. The committee                                                               
substitute (CS)  now deletes just  AS 11.46.350(c), which  is the                                                               
description of  what the "no  trespassing" sign should  look like                                                               
and specifies  where the sign has  to be placed on  the property.                                                               
Under  the CS,  a  private landowner  would have  to  post a  "no                                                               
trespassing" sign  on his/her  property but  there wouldn't  be a                                                               
requirement that  it's posted  at every  possible entry  point to                                                               
the property.                                                                                                                   
                                                                                                                                
CHAIR COGHILL said he brought  the CS forward because the current                                                               
statute imposes huge liability on  the property owner because the                                                               
posting requirements  are so technical  and exacting.  The simple                                                               
requirements to  personally communicate  or post  are reasonable,                                                               
he said.                                                                                                                        
                                                                                                                                
SENATOR   WIELECHOWSKI  asked   how  the   courts  have   defined                                                               
"reasonably  conspicuous  manner"  and  what  that  requires  for                                                               
trespass signs.                                                                                                                 
                                                                                                                                
MR. PETERSON offered to follow up with the definition.                                                                          
                                                                                                                                
CHAIR COGHILL said he would  make sure the answer was distributed                                                               
to all the committee members.                                                                                                   
                                                                                                                                
2:44:11 PM                                                                                                                    
SENATOR  STEDMAN,  Alaska   State  Legislature,  Juneau,  Alaska,                                                               
sponsor of SB  201, summarized that the intent of  the bill is to                                                               
have the  private property  owner post  a "no  trespassing" sign,                                                               
but  not require  one  to be  posted on  every  access point.  He                                                               
stated support for the CS saying that it makes a better bill.                                                                   
                                                                                                                                
CHAIR COGHILL removed his objection.                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI asked what the penalty is for trespassing.                                                                 
                                                                                                                                
MR. PETERSON replied it's a class B misdemeanor.                                                                                
                                                                                                                                
CHAIR  COGHILL  asked  what  level  of  proof  is  needed  for  a                                                               
misdemeanor.                                                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI answered it's  beyond a reasonable doubt. He                                                               
then asked if  the Castle Doctrine extends to property  or just a                                                               
person's house.                                                                                                                 
                                                                                                                                
MR. PETERSON said he didn't know.                                                                                               
                                                                                                                                
2:47:48 PM                                                                                                                    
CHAIR COGHILL found no further  questions or objection and stated                                                               
that Version U was adopted. He solicited a motion.                                                                              
                                                                                                                                
2:47:56 PM                                                                                                                    
SENATOR MCGUIRE  moved to report CS  for SB 201, Version  U, from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
note(s).                                                                                                                        
                                                                                                                                
CHAIR  COGHILL announced  that without  objection, CSSB  201(JUD)                                                               
passes from the Senate Judiciary Standing Committee.