HF 4773

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/07/2022 11:33am

A bill for an act
relating to public safety; permitting the use of purple paint to mark boundaries for
posted areas where trespassing is prohibited; amending Minnesota Statutes 2020,
section 609.605, subdivision 1.

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

Section 1.

Minnesota Statutes 2020, 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.

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

(2) "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
168.002, subdivision 16.

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

(4) "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.

(5) "Posted," as used:

(i) in paragraph (b), clause (4), means the placement of a sign at least 8-1/2 inches by
11 inches in a conspicuous place on the exterior of the building, or in a conspicuous place
within the property on which the building is located. The sign must carry a general notice
warning against trespass;

(ii) in paragraph (b), clause (9), means the placement of a sign at least 8-1/2 inches by
11 inches in a conspicuous place on the exterior of the building that is under construction,
alteration, or repair, or in a conspicuous place within the area being protected. If the area
being protected is less than three acres, one additional sign must be conspicuously placed
within that area. If the area being protected is three acres but less than ten acres, two
additional signs must be conspicuously placed within that area. For each additional full ten
acres of area being protected beyond the first ten acres of area, two additional signs must
be conspicuously placed within the area being protected. The sign must carry a general
notice warning against trespass; deleted text begin and
deleted text end

(iii) in paragraph (b), clause (10), means the placement of signs that:

(A) carry a general notice warning against trespass;

(B) display letters at least two inches high;

(C) state that Minnesota law prohibits trespassing on the property; and

(D) are posted in a conspicuous place and at intervals of 500 feet or less deleted text begin . deleted text end new text begin ; and
new text end

new text begin (iv) in paragraph (b), clause (12), means conspicuous notice that may include the use of
purple paint on fences, fence posts, and other boundary markers and must include the
placement of signs that:
new text end

new text begin (A) carry a general notice warning against trespass;
new text end

new text begin (B) display letters at least two inches high;
new text end

new text begin (C) state that Minnesota law prohibits trespassing on the property; and
new text end

new text begin (D) are posted in a conspicuous place and at intervals of 500 feet or less.
new text end

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

(7) "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 within one year 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;

(9) enters the locked or posted construction site of another without the consent of the
owner or lawful possessor, unless the person is a business licensee;

(10) enters the locked or posted aggregate mining site of another without the consent of
the owner or lawful possessor, unless the person is a business licensee; deleted text begin or
deleted text end

(11) crosses into or enters any public or private area lawfully cordoned off by or at the
direction of a peace officer engaged in the performance of official duties. As used in this
clause: (i) an area may be "cordoned off" through the use of tape, barriers, or other means
conspicuously placed and identifying the area as being restricted by a peace officer and
identifying the responsible authority; and (ii) "peace officer" has the meaning given in
section 626.84, subdivision 1. It is an affirmative defense to a charge under this clause that
a peace officer permitted entry into the restricted area deleted text begin . deleted text end new text begin ; or
new text end

new text begin (12) enters the locked or posted premises 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end