SF 87

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; public safety; expanding 
  1.3             the trespass law; amending Minnesota Statutes 2004, 
  1.4             section 609.605, subdivisions 1, 4. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2004, section 609.605, 
  1.7   subdivision 1, is amended to read: 
  1.8      Subdivision 1.  [MISDEMEANOR.] (a) The following terms have 
  1.9   the meanings given them for purposes of this section. 
  1.10     (i) "Premises" means real property and any appurtenant 
  1.11  building or structure. 
  1.12     (ii) "Dwelling" means the building or part of a building 
  1.13  used by an individual as a place of residence on either a 
  1.14  full-time or a part-time basis.  A dwelling may be part of a 
  1.15  multidwelling or multipurpose building, or a manufactured home 
  1.16  as defined in section 168.011, subdivision 8. 
  1.17     (iii) "Construction site" means the site of the 
  1.18  construction, alteration, painting, or repair of a building or 
  1.19  structure. 
  1.20     (iv) "Owner or lawful possessor," as used in paragraph (b), 
  1.21  clause (9), means the person on whose behalf a building or 
  1.22  dwelling is being constructed, altered, painted, or repaired and 
  1.23  the general contractor or subcontractor engaged in that work. 
  1.24     (v) "Posted," as used in clause (9), means the placement of 
  1.25  a sign at least 11 inches square in a conspicuous place on the 
  2.1   exterior of the building that is under construction, alteration, 
  2.2   or repair, and additional signs in at least two conspicuous 
  2.3   places for each ten acres being protected.  The sign must carry 
  2.4   an appropriate notice and the name of the person giving the 
  2.5   notice, followed by the word "owner" if the person giving the 
  2.6   notice is the holder of legal title to the land on which the 
  2.7   construction site is located or by the word "occupant" if the 
  2.8   person giving the notice is not the holder of legal title but is 
  2.9   a lawful occupant of the land. 
  2.10     (vi) "Business licensee," as used in paragraph (b), clause 
  2.11  (9), includes a representative of a building trades labor or 
  2.12  management organization. 
  2.13     (vii) "Building" has the meaning given in section 609.581, 
  2.14  subdivision 2. 
  2.15     (b) A person is guilty of a misdemeanor if the person 
  2.16  intentionally: 
  2.17     (1) permits domestic animals or fowls under the actor's 
  2.18  control to go on the land of another within a city; 
  2.19     (2) interferes unlawfully with a monument, sign, or pointer 
  2.20  erected or marked to designate a point of a boundary, line or a 
  2.21  political subdivision, or of a tract of land; 
  2.22     (3) trespasses on the premises of another and, without 
  2.23  claim of right, refuses to depart from the premises on demand of 
  2.24  the lawful possessor; 
  2.25     (4) occupies or enters the dwelling or locked or posted 
  2.26  building of another, without claim of right or consent of the 
  2.27  owner or the consent of one who has the right to give consent, 
  2.28  except in an emergency situation; 
  2.29     (5) enters the premises of another with intent to take or 
  2.30  injure any fruit, fruit trees, or vegetables growing on the 
  2.31  premises, without the permission of the owner or occupant; 
  2.32     (6) enters or is found on the premises of a public or 
  2.33  private cemetery without authorization during hours the cemetery 
  2.34  is posted as closed to the public; 
  2.35     (7) returns to the property of another with the intent to 
  2.36  abuse, disturb, or cause distress in or threaten another, after 
  3.1   being told to leave the property and not to return, if the actor 
  3.2   is without claim of right to the property or consent of one with 
  3.3   authority to consent; 
  3.4      (8) returns to the property of another within 30 days one 
  3.5   year after being told to leave the property and not to return, 
  3.6   if the actor is without claim of right to the property or 
  3.7   consent of one with authority to consent; or 
  3.8      (9) enters the locked or posted construction site or locked 
  3.9   aggregate mining site of another without the consent of the 
  3.10  owner or lawful possessor, unless the person is a business 
  3.11  licensee. 
  3.12     Sec. 2.  Minnesota Statutes 2004, section 609.605, 
  3.13  subdivision 4, is amended to read: 
  3.14     Subd. 4.  [TRESPASSES ON SCHOOL PROPERTY.] (a) It is a 
  3.15  misdemeanor for a person to enter or be found in a public or 
  3.16  nonpublic elementary, middle, or secondary school building 
  3.17  unless the person: 
  3.18     (1) is an enrolled student in, a parent or guardian of an 
  3.19  enrolled student in, or an employee of the school or school 
  3.20  district; 
  3.21     (2) has permission or an invitation from a school official 
  3.22  to be in the building; 
  3.23     (3) is attending a school event, class, or meeting to which 
  3.24  the person, the public, or a student's family is invited; or 
  3.25     (4) has reported the person's presence in the school 
  3.26  building in the manner required for visitors to the school. 
  3.27     (b) It is a misdemeanor for a person to be on the roof of a 
  3.28  public or nonpublic elementary, middle, or secondary school 
  3.29  building unless the person has permission from a school official 
  3.30  to be on the roof of the building. 
  3.31     (c) It is a gross misdemeanor for a group of three or more 
  3.32  persons to enter or be found in a public or nonpublic 
  3.33  elementary, middle, or secondary school building unless one of 
  3.34  the persons: 
  3.35     (1) is an enrolled student in, a parent or guardian of an 
  3.36  enrolled student in, or an employee of the school or school 
  4.1   district; 
  4.2      (2) has permission or an invitation from a school official 
  4.3   to be in the building; 
  4.4      (3) is attending a school event, class, or meeting to which 
  4.5   the person, the public, or a student's family is invited; or 
  4.6      (4) has reported the person's presence in the school 
  4.7   building in the manner required for visitors to the school. 
  4.8      (c) (d) It is a misdemeanor for a person to enter or be 
  4.9   found on school property within six months one year after being 
  4.10  told by the school principal or the principal's designee to 
  4.11  leave the property and not to return, unless the principal or 
  4.12  the principal's designee has given the person permission to 
  4.13  return to the property.  As used in this paragraph, "school 
  4.14  property" has the meaning given in section 152.01, subdivision 
  4.15  14a, clauses (1) and (3). 
  4.16     (d) (e) A school principal or a school employee designated 
  4.17  by the school principal to maintain order on school property, 
  4.18  who has reasonable cause to believe that a person is violating 
  4.19  this subdivision may detain the person in a reasonable manner 
  4.20  for a reasonable period of time pending the arrival of a peace 
  4.21  officer.  A school principal or designated school employee is 
  4.22  not civilly or criminally liable for any action authorized under 
  4.23  this paragraph if the person's action is based on reasonable 
  4.24  cause. 
  4.25     (e) (f) A peace officer may arrest a person without a 
  4.26  warrant if the officer has probable cause to believe the person 
  4.27  violated this subdivision within the preceding four hours.  The 
  4.28  arrest may be made even though the violation did not occur in 
  4.29  the peace officer's presence. 
  4.30     Sec. 3.  [EFFECTIVE DATE.] 
  4.31     Sections 1 and 2 are effective August 1, 2005, and apply to 
  4.32  crimes committed on or after that date.