1995 - 1996 LEGISLATURE
January 13, 1995 - Introduced by Representatives Johnsrud, Goetsch, Freese,
Otte, Musser, Silbaugh, Gronemus, Ladwig, Brandemuehl, Brancel,
Klusman, Reynolds, Owens, Krusick, Hasenohrl, Ainsworth
and Skindrud,
cosponsored by Senators Drzewiecki and Schultz. Referred to Committee on
Criminal Justice and Corrections.
AB13,1,3 1An Act to repeal 30.45 (7) (c), 943.13 (2) and 943.13 (3); to amend 943.13 (4m)
2(a); to repeal and recreate 943.13 (1); and to create 943.13 (3m) of the
3statutes; relating to: trespass to land.
Analysis by the Legislative Reference Bureau
Currently, a person who trespasses on another's land violates state law and is
subject to a forfeiture (civil penalty) of not more than $1,000. The offense involves
entry on enclosed or cultivated land with a motor vehicle or with intent to hunt, fish
or gather products of the soil without the owner's or occupant's consent, or entry on
or hunting, fishing or gathering on any land after having been notified not to do so
by the owner or occupant. The notification may be given in writing or orally or by
posting notice with signs or markings.
This bill broadens the scope of the law and eliminates distinctions based on the
type of land involved. A person is guilty of trespass if he or she enters or remains on
the land of another without the consent of the owner or occupant. The prohibition
applies whether or not the person is in a vehicle and regardless of the person's
purpose in entering or remaining on the land. As the consent of the owner or
occupant is always needed, the bill eliminates the current law provisions relating to
posting and marking. The bill allows the owner or occupant to give consent to enter
for a specified purpose or subject to conditions. The bill keeps the current exemption
allowing a person, under certain circumstances, to enter land to remove or hunt wild
animals that are causing damage.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB13, s. 1 4Section 1. 30.45 (7) (c) of the statutes is repealed.
AB13, s. 1
1Section 1. 943.13 (1) of the statutes is repealed and recreated to read:
AB13,2,32 943.13 (1) Whoever enters or remains on any land of another without the
3express or implied consent of the owner or occupant is subject to a class B forfeiture.
AB13, s. 3 4Section 3. 943.13 (2) of the statutes is repealed.
AB13, s. 3 5Section 3. 943.13 (3) of the statutes is repealed.
AB13, s. 3 6Section 3. 943.13 (3m) of the statutes is created to read:
AB13,2,107 943.13 (3m) An owner or occupant may give express consent to enter or remain
8on the land for a specified purpose or subject to specified conditions and it is a
9violation of sub. (1) for a person who received that consent to enter or remain on the
10land for another purpose or contrary to the specified conditions.
AB13, s. 4 11Section 4. 943.13 (4m) (a) of the statutes is amended to read:
AB13,2,1412 943.13 (4m) (a) A person entering the premises land, other than the residence
13or other buildings or the curtilage of the residence or other buildings, of another for
14the purpose of removing a wild animal as authorized under s. 29.59 (2), (3) or (4).
AB13, s. 7 15Section 7. Initial applicability.
AB13,2,17 16(1)  This act first applies to offenses occurring on the effective date of this
17subsection.
AB13,2,1818 (End)
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