AEZ C.S.H.B. 793 75(R)BILL ANALYSIS CRIMINAL JURISPRUDENCE C.S.H.B. 793 By: Merritt 4-9-97 Committee Report (Substituted) BACKGROUND The basis for this proposed law stems from legislation enacted in the State of Missouri (RSMO 569.145) entitled the Purple Paint Statute. This statute allows landowners to mark trees or posts with purple paint as a warning to would-be trespassers. Just like a "No Trespassing" sign or actual communication to individuals that no trespassing is allowed, the purple paint marks are considered to be adequate notice to the public that no trespassing is allowed on the property. Missouri's law is similar to one that has been used in Arkansas since 1989. These statutes were enacted to provide landowners with an economical and easy way to keep out unwanted trespassers. The law does not require that property marked with the purple paint also be fenced, thus it is an economical alternative for landowners who do not otherwise need to fence their property. Additionally, it prevents a problem encountered when using "No Trespassing" signs -- purple paint marks can't be taken down, destroyed, or stolen. PURPOSE HB 793, as proposed, would allow purple paint marks to serve as adequate notice that no trespassing is allowed on the property. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 30.05(b)(2), Penal Code, Criminal Trespass, to provide that purple paint marks serve as sufficient "notice" that trespassing is not allowed. The purple paint marks must be: (i) vertical lines of not less than eight inches in length; (ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and (iii) and at locations that are readily visible to any person approaching the property and no more than 100 feet apart on forest land; or 1,000 feet apart on land other than forest land. "Forest land" is defined as land on which the trees are potentially valuable for timber products. SECTION 2.The change in law made by this Act applies only to an offense committed on or after the effective date of this Act SECTION 3.Effective Date: September 1, 1997. SECTION 4. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill said that the marks were to be placed no more than 100 feet apart and at locations readily visible to a person approaching the property. The substitute changed to the language so that the marks were to be placed no more than 100 feet apart on forest land or 1,000 feet apart on land other than forest land.