Lege Trend Update. Protecting Property Rights from Trespassers in the West. The Opposition & The Attorney General Opinion.

The sole committee member voting against Idaho’s RS26114 | HB 536 asked for an opinion from the Idaho Attorney General on the constitutionality of increasing trespass penalties.

Did the Idaho Attorney General find the trespass increases constitutional? No

What constitutional issues did the Idaho Attorney General raise? “(The bill), as written, appears to be overly broad as it proscribes a great amount of lawful conduct and runs afoul of First Amendment and Fourteenth Amendment protections”

Other opposition? Idaho Sheriff’s Association, Idaho Association of Counties & Idaho Prosecuting Attorneys Association

 

Refreshing our recollection on informed:intel, February 12, 2018

Increasing Trespass Penalties & Fees to Protect Property Rights. Read the Bill from the West. 

Idaho is considering RS26114 | HB 536 that will set trespass fees:

  • $50 to $500
  • increased fees for intentional trespass
  • a 3rd offense would be a felony

The bill’s author, a rancher, said of current trespass laws:

  • the laws are a patchwork
  • the orange markings property owners are required to put up every 660 feet are onerous
  • recreational trespass penalties are higher than criminal trespass penalties

  in addition to streamlining penaltiesalso requires:

  • property owners to mark property at property boundaries, access points and streams.

AP | New Bill Would Tweak Idaho’s Trespassing Laws

Spokesman Review | Trespass 3 times and you’d face a felony under new Idaho proposal