SF 87

2nd 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 new text begin :
new text end

new text begin (A) new text end 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 new text begin ; and
new text end

new text begin (B) in clause (10), means the placement of signs that:
new text end

new text begin (I) state "no trespassing" or similar terms;
new text end

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

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

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

(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 within deleted text begin 30 days deleted text end new text begin 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; deleted text begin or
deleted text end

(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 new text begin ; or
new text end

new text begin (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 new text end .

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) new text begin It is a misdemeanor for a person to be on the roof of a
public or nonpublic elementary, middle, or secondary school
building unless the person has permission from a school official
to be on the roof of the building.
new text end

new text begin (c) new text end 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.

deleted text begin (c) deleted text end new text begin (d) new text end It is a misdemeanor for a person to enter or be
found on school property within deleted text begin six months deleted text end new text begin 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).

deleted text begin (d) deleted text end new text begin (e) new text end 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.

deleted text begin (e) deleted text end new text begin (f) new text end 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