HB4668 S JUD AM #1

Smith  7883

The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:

ARTICLE 3B. TRESPASS.

§61-3B-2. Trespass in structure or conveyance.

(a) Any person who knowingly enters in, upon, or under a structure or conveyance without being authorized, licensed, or invited, or having been authorized, licensed, or invited is requested to depart by the owner, tenant, or the agent of such the owner or tenant, and refuses to do so, shall be is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $100.

(b) Notwithstanding the provisions of subsection (a) of this section, any person who, without permission, knowingly and willfully enters a structure which has a clear posting that the structure has been condemned by any municipal or county government as unfit for human habitation or use, is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100, or confined in jail not more than six months, or both fined and confined: Provided, That  for any first violation of this subsection offense of trespass on condemned property, a court may substitute community service or pretrial diversion  in lieu of a fine or confinement for trespassing on condemned property.

(b)(c) If the offender is armed with a firearm or other dangerous weapon while in the structure or conveyance, with the intent to do bodily injury to a human being in said the structure or conveyance at the time the offender knowingly trespasses, such the offender shall, notwithstanding the provisions of §61-7-1  of this code, be is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $500, or be confined in the county jail for a period not to exceed not more than one year, or both such fined and imprisonment confined.

Adopted

Rejected