Changes to Existing Law
HB1025 — Authorize the issuance of no-trespass orders by private security officers, require the establishment of buffer zones per written no-trespass orders, and afford municipalities greater authority to regulate trespass.
2 sections modified+1155-25
View:
§ 22-35
New Section+756
NEW SECTION added to Chapter 22-35
A written order excluding an individual from a premises pursuant to § 22-35-6 must include a directive that the individual remain fifty feet or more from the property boundary, unless the individual is transiting a public right-of-way. The written order may be issued by: (1) A law enforcement officer as defined in § 23-3-27 or 23-3-27.1, or U.S.C. § 1515 (September 13, 1994); or (2) A uniformed private security officer acting in conformance with any applicable standards promulgated by the governing body of the political subdivision with jurisdiction over the premises. The employer of the law enforcement officer or uniformed private security officer shall maintain a copy of the written order for at least one year after the date of its issuance. 10
§ 22-35-6
Amended+399-25
Section 22-35-6 — AMENDED
22-35-6. Any person individual who, knowing that he or she the individual is not privileged to do so, enters or remains in any place premises where notice against trespass is given, is guilty of a Class misdemeanor. Notice may be given by: (1) Actual communication to the person individual who subsequently commits the trespass; (2) Posting in a manner reasonably likely to come to the attention of trespassers; or (3) Fencing or other enclosure which that a reasonable person would recognize as being designed to exclude trespassers; is guilty of a Class 2 misdemeanor. However, if such trespasser trespasserIf the individual defies an order to leave, leave and not return, personally communicated to him or her the individual by the owner or lessee of the premises or in writing by any other authorized person, person as provided in section of this Act, the trespasser is guilty of criminal trespass, which is a Class 1 misdemeanor. Only a law enforcement officer as defined in § 23-3-27 or 23-3-27.1, or U.S.C. § 1515 (September 13, 1994), may arrest an individual for a violation of this section. 21