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.