LRB-2367/1
JEO:mfd:arm
1997 - 1998 LEGISLATURE
October 17, 1997 - Introduced by Representative Baumgart. Referred to
Committee on Natural Resources.
AB563,1,6
1An Act to repeal 943.13 (1e) (a), 943.13 (1e) (b), 943.13 (1e) (c), 943.13 (1e) (d),
2943.13 (1e) (e), 943.13 (1e) (f), 943.13 (1m) (e) and 943.13 (1m) (f);
to
3consolidate, renumber and amend 943.13 (1e) (intro.) and (az);
to amend
4939.52 (2), 943.13 (1m) (intro.), 943.13 (1m) (a) and 943.13 (2) (intro.); and
to
5create 939.52 (1) (ab) and 939.52 (3) (ab) of the statutes;
relating to: trespass
6to land and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits trespassing. Generally, a person is guilty of trespassing
if he or she does any of the following: 1) enters or remains on any land of another after
having been notified (by "no trespassing" signs or otherwise) not to enter or remain
on the land; or 2) enters enclosed, cultivated or undeveloped land of another, or any
land of another that is occupied by a structure used for agricultural purposes,
without the express or implied consent of the owner or occupant, except that, with
respect to undeveloped private land that abuts a parcel of land that is owned by the
United States, this state or a local governmental unit, a person is guilty of
trespassing only if he or she enters or remains on such land after having been notified
(by "no trespassing" signs or otherwise) not to enter or remain on the land. A person
who is found guilty of trespassing may be required to forfeit not more than $1,000.
This bill makes the following changes in current law relating to trespassing:
1. The bill increases the penalty for trespassing by providing that a person who
is found guilty of trespassing may be required to forfeit not more than $1,500.
2. The bill eliminates undeveloped land from the types of land that may be
entered only with the express or implied consent of the owner or occupant and
instead treats all undeveloped land in the same way that current law treats
undeveloped private land that abuts a parcel of land owned by the United States, this
state or a local governmental unit. Thus, under the bill, a person is guilty of
trespassing on any kind of undeveloped land only if he or she enters or remains on
such land after having been notified (by "no trespassing" signs or otherwise) not to
enter or remain on the land.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB563, s. 1
1Section
1. 939.52 (1) (ab) of the statutes is created to read:
AB563,2,22
939.52
(1) (ab) Class AB forfeiture.
AB563, s. 2
3Section
2. 939.52 (2) of the statutes is amended to read:
AB563,2,54
939.52
(2) A forfeiture is a Class A,
AB, B, C, D or E forfeiture when it is so
5specified in chs. 939 to 951.
AB563, s. 3
6Section
3. 939.52 (3) (ab) of the statutes is created to read:
AB563,2,77
939.52
(3) (ab) For a Class AB forfeiture, a forfeiture not to exceed $1,500.
AB563, s. 4
8Section
4. 943.13 (1e) (intro.) and (az) of the statutes are consolidated,
9renumbered 943.13 (1) and amended to read:
AB563,2,1210
943.13
(1) In this section
: (az) "Implied, "implied consent" means conduct or
11words or both that imply that an owner or occupant of land has given consent to
12another person to enter the land.
AB563, s. 5
13Section
5. 943.13 (1e) (a) of the statutes is repealed.
AB563, s. 6
14Section
6. 943.13 (1e) (b) of the statutes is repealed.
AB563, s. 7
15Section
7. 943.13 (1e) (c) of the statutes is repealed.
AB563, s. 8
16Section
8. 943.13 (1e) (d) of the statutes is repealed.
AB563, s. 9
17Section
9. 943.13 (1e) (e) of the statutes is repealed.
AB563, s. 10
18Section
10. 943.13 (1e) (f) of the statutes is repealed.
AB563, s. 11
1Section
11. 943.13 (1m) (intro.) of the statutes is amended to read:
AB563,3,32
943.13
(1m) (intro.) Whoever does any of the following is subject to a Class
B 3AB forfeiture:
AB563, s. 12
4Section
12. 943.13 (1m) (a) of the statutes is amended to read:
AB563,3,75
943.13
(1m) (a) Enters any enclosed
,
or cultivated
or undeveloped land of
6another
, other than undeveloped land specified in par. (e) or (f), without the express
7or implied consent of the owner or occupant.
AB563, s. 13
8Section
13. 943.13 (1m) (e) of the statutes is repealed.
AB563, s. 14
9Section
14. 943.13 (1m) (f) of the statutes is repealed.
AB563, s. 15
10Section
15. 943.13 (2) (intro.) of the statutes is amended to read:
AB563,3,1411
943.13
(2) (intro.) A person has received notice from the owner or occupant
12within the meaning of sub. (1m) (b)
, (e) or (f) if he or she has been notified personally,
13either orally or in writing, or if the land is posted. Land is considered to be posted
14under this subsection under either of the following procedures:
AB563,3,1716
(1) This act applies to offenses committed on or after the effective date of this
17subsection.
