HF 483

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime prevention; public safety; expanding
the trespass law; amending Minnesota Statutes 2004,
section 609.605, subdivisions 1, 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 609.605,
subdivision 1, is amended to read:

Subdivision 1.

Misdemeanor.

(a) The following terms have
the meanings given them for purposes of this section.

(i) "Premises" means real property and any appurtenant
building or structure.

(ii) "Dwelling" means the building or part of a building
used by an individual as a place of residence on either a
full-time or a part-time basis. A dwelling may be part of a
multidwelling or multipurpose building, or a manufactured home
as defined in section 168.011, subdivision 8.

(iii) "Construction site" means the site of the
construction, alteration, painting, or repair of a building or
structure.

(iv) "Owner or lawful possessor," as used in paragraph (b),
clause (9), means the person on whose behalf a building or
dwelling is being constructed, altered, painted, or repaired and
the general contractor or subcontractor engaged in that work.

(v) "Posted," as used in clause (9), means the placement of
a sign at least 11 inches square in a conspicuous place on the
exterior of the building that is under construction, alteration,
or repair, and additional signs in at least two conspicuous
places for each ten acres being protected. The sign must carry
an appropriate notice and the name of the person giving the
notice, followed by the word "owner" if the person giving the
notice is the holder of legal title to the land on which the
construction site is located or by the word "occupant" if the
person giving the notice is not the holder of legal title but is
a lawful occupant of the land.

(vi) "Business licensee," as used in paragraph (b), clause
(9), includes a representative of a building trades labor or
management organization.

(vii) "Building" has the meaning given in section 609.581,
subdivision 2.

(b) A person is guilty of a misdemeanor if the person
intentionally:

(1) permits domestic animals or fowls under the actor's
control to go on the land of another within a city;

(2) interferes unlawfully with a monument, sign, or pointer
erected or marked to designate a point of a boundary, line or a
political subdivision, or of a tract of land;

(3) trespasses on the premises of another and, without
claim of right, refuses to depart from the premises on demand of
the lawful possessor;

(4) occupies or enters the dwelling or locked or posted
building of another, without claim of right or consent of the
owner or the consent of one who has the right to give consent,
except in an emergency situation;

(5) enters the premises of another with intent to take or
injure any fruit, fruit trees, or vegetables growing on the
premises, without the permission of the owner or occupant;

(6) enters or is found on the premises of a public or
private cemetery without authorization during hours the cemetery
is posted as closed to the public;

(7) returns to the property of another with the intent to
abuse, disturb, or cause distress in or threaten another, after
being told to leave the property and not to return, if the actor
is without claim of right to the property or consent of one with
authority to consent;

(8) returns to the property of another deleted text begin within 30 days
deleted text end new text begin within one year new text end after being told to leave the property and not
to return, if the actor is without claim of right to the
property or consent of one with authority to consent; or

(9) enters the locked or posted construction site new text begin or locked
or posted aggregate mining site new text end of another without the consent
of the owner or lawful possessor, unless the person is a
business licensee.

Sec. 2.

Minnesota Statutes 2004, section 609.605,
subdivision 4, is amended to read:

Subd. 4.

Trespasses on school property.

(a) It is a
misdemeanor for a person to enter or be found in a public or
nonpublic elementary, middle, or secondary school building
unless the person:

(1) is an enrolled student in, a parent or guardian of an
enrolled student in, or an employee of the school or school
district;

(2) has permission or an invitation from a school official
to be in the building;

(3) is attending a school event, class, or meeting to which
the person, the public, or a student's family is invited; or

(4) has reported the person's presence in the school
building in the manner required for visitors to the school.

(b) It is a gross misdemeanor for a group of three or more
persons to enter or be found in a public or nonpublic
elementary, middle, or secondary school building unless one of
the persons:

(1) is an enrolled student in, a parent or guardian of an
enrolled student in, or an employee of the school or school
district;

(2) has permission or an invitation from a school official
to be in the building;

(3) is attending a school event, class, or meeting to which
the person, the public, or a student's family is invited; or

(4) has reported the person's presence in the school
building in the manner required for visitors to the school.

(c) It is a misdemeanor for a person to enter or be found
on school property deleted text begin within six months deleted text end new text begin within one year new text end after being
told by the school principal or the principal's designee to
leave the property and not to return, unless the principal or
the principal's designee has given the person permission to
return to the property. As used in this paragraph, "school
property" has the meaning given in section 152.01, subdivision
14a, clauses (1) and (3).

(d) A school principal or a school employee designated by
the school principal to maintain order on school property, who
has reasonable cause to believe that a person is violating this
subdivision may detain the person in a reasonable manner for a
reasonable period of time pending the arrival of a peace
officer. A school principal or designated school employee is
not civilly or criminally liable for any action authorized under
this paragraph if the person's action is based on reasonable
cause.

(e) A peace officer may arrest a person without a warrant
if the officer has probable cause to believe the person violated
this subdivision within the preceding four hours. The arrest
may be made even though the violation did not occur in the peace
officer's presence.

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective August 1, 2005, and apply to
crimes committed on or after that date.
new text end