HF3566

Purpose

The bill creates new criminal offenses to deter damage to farm machinery and equipment on agricultural land and to criminalize various forms of trespass on agricultural land. It also broadens and clarifies definitions related to trespass and posting, adds restitution requirements for offenses, and specifies penalties for certain trespass scenarios.

Main Provisions and What the Bill Seeks to Accomplish

• Damaging farm machinery and equipment on agricultural land
  • New crime: Without consent of the owner or operator, placing in a growing crop a device made of iron, steel, ceramic, or other hard substance with the intent to damage harvesting, spraying, tillage, irrigation, fertilizing, or planting equipment is a gross misdemeanor.
  • Restitution: Courts must order restitution to the owner for damaged machinery or equipment.
• Expanded trespass definitions and enforcement
  • The bill adds a broad set of defined terms to support trespass offenses, including premises, dwelling, construction site, owner or lawful possessor, and posted signs.
  • It specifies posting requirements (sign size, conspicuous placement, and required wording) and defines what it means to post an area being protected.
  • It introduces the concept of a “business licensee” as a possible exception or participant in certain trespass-related provisions.
  • It creates a list of trespass scenarios that are misdemeanors, such as entering or remaining on property without consent, entering dwellings, entering construction sites, or entering publicly cordoned-off areas under police direction.
• Specific trespass offenses and protections for critical sites
  • Trespass penalties apply to intentional acts on premises, including entering dwellings or locked or posted buildings without consent, and entering construction sites or aggregate mining sites without consent (with business licensee considerations).
  • If a peace officer has cordoned off an area, entering that area is prohibited unless entry is permitted by the officer.
• Special gross misdemeanor provisions
  • Trespassing on the grounds of facilities providing emergency shelter services for battered women, sex trafficking victims, transitional housing, or similar facilities, without consent, is a gross misdemeanor.
  • Trespassing on agricultural land with intent to take or injure crops or to damage farm machinery or equipment is a gross misdemeanor.

Significant Changes to Existing Law

• Creates a new crime focused on damaging farm machinery and equipment on agricultural land, with restitution required.
• Substantially broadens trespass-related definitions and penalties, including:
  • Expanded set of defined terms (premises, dwelling, construction site, posted, etc.) to guide enforcement.
  • Detailed posting standards for protected areas and more precise rules for where signs must be placed and how they must read.
  • New or expanded criminal charges for trespass across a wide range of locations and scenarios, including construction sites, aggregate mining sites, and cordoned-off areas.
• Elevates certain trespass violations to gross misdemeanors, notably:
  • Trespass on facilities serving victims of domestic violence or sex trafficking, and on agricultural land with intent to damage crops or farm equipment.
• Incorporates restitution into the penalties for damage to farm machinery and equipment, enhancing the financial remedy for property owners.
• Introduces an affirmative defense concept related to peace officer access, clarifying when entry into restricted areas is permitted.

Relevant Terms - agricultural land - farm machinery and equipment - gross misdemeanor - restitution - consent - premises - dwelling - construction site - owner or lawful possessor - posted - business licensee - signage - cordoned off - peace officer - aggregate mining site - emergency shelter services for battered women - sex trafficking victims - transitional housing - claim of right - intent to damage or take - trespass

Relevant Terms (plain-language equivalents and related phrases) - farmlands, crops, harvesting equipment, irrigation equipment - trespass on property, entering without permission - posted signs, no-trespassing notices, property protection - construction site access, mining site access - rights and consent of property owners - penalties, fines, restitution, criminal penalties - police-guarded or restricted areas, barriers and tape - victims’ facilities, shelters, housing for victims, protective facilities

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