21.0163.03000
Sixty-seventh
Legislative Assembly SENATE BILL NO. 2037
of North Dakota
Introduced by
Legislative Management
(Natural Resources Committee)
1 A BILL for an Act to amend and reenact sections 12.1-22-03 and 20.1-01-17 of the North
2 Dakota Century Code, relating to criminal trespass and electronic posting; and to provide a
3 penalty.
4 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5 SECTION 1. AMENDMENT. Section 12.1-22-03 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 12.1-22-03. Criminal trespass - Noncriminal offense on posted property.
8 1. An individual is guilty of a class C felony if, knowing that thatthe individual is not
9 licensed or privileged to do so, the individual enters or remains in a dwelling or in
10 highly secured premises.
11 2. An individual is guilty of a class A misdemeanor if, knowing that thatthe individual is
12 not licensed or privileged to do so, the individual:
13 a. Enters or remains in or on any building, occupied structure, or storage structure,
14 or separately secured or occupied portion thereof; or
15 b. Enters or remains in any place so enclosed by a fence or otherwise enclosed as
16 manifestly to exclude intruders.
17 3. a. An individual is guilty of a class B misdemeanor if, knowing that thatthe individual
18 is not licensed or privileged to do so, the individual enters or remains in any place
19 as to which notice against trespass is given by actual communication to the actor
20 by the individual in charge of the premises or other authorized individual or by
21 posting in a manner reasonably likely to come to the attention of intruders. TheOn
22 physically posted land, the name of the person posting the premises mustmay
23 appear on each sign in legible characters if the person wishes to be contacted by
24 individuals seeking permission to enter or remain on the land.
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1 b. Even if the conduct of the owner, tenant, or individual authorized by the owner
2 varies from the provisions of subdivision a, an individual may be found guilty of
3 violating subdivision a if the owner, tenant, or individual authorized by the owner
4 substantially complied with subdivision a and notice against trespass is clear
5 from the circumstances.
6 c. An individual who violates subdivision a is guilty of a class A misdemeanor for the
7 second or subsequent offense within a two-year period.
8 4. a. AnA peace officer may cite an individual who, knowing the individual is not
9 licensed or privileged to do so, may not enter or remainentered or remained in a
10 place as to which notice against trespass is given by posting in a manner
11 reasonably likely to come to the attention of intruders. A violation of this
12 subdivision is a noncriminal offense. An individual cited under this subsection
13 may not be prosecuted under subsection 3 for the same offense.
14 b. A peace officer shall cite an individual who violates subdivision a with aThe fine
15 offor a citation under subdivision a is two hundred fifty dollars for each violation.
16 c. The peace officer citing the individual shall:
17 (1) Take the name and address of the individual; and
18 (2) Notify the individual of the right to request a hearing if posting bond by mail.
19 d. The peace officer may not take the individual into custody or require the
20 individual to proceed with the peace officer to any other location for the purpose
21 of posting bond. The officer shall provide the individual with an envelope for use
22 in mailing the bond.
23 e. An individual cited may appear before the designated official and pay the
24 statutory fine for the violation at or before the time scheduled for hearing.
25 f. If the individual has posted bond, the individual may forfeit bond by not appearing
26 at the designated time.
27 g. If the individual posts bond by mail, the bond must be submitted within fourteen
28 days of the date of the citation and the individual cited shall indicate on the
29 envelope or citation whether a hearing is requested. If the individual does not
30 request a hearing within fourteen days of the date of the citation, the bond is
31 deemed forfeited and the individual is deemed to have admitted to the violation
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1 and to have waived the right to a hearing on the issue of commission of the
2 violation. If the individual requests a hearing, the court for the county in which the
3 citation is issued shall issue a summons to the individual requesting the hearing
4 notifying the individual of the date of the hearing before the designated official.
5 h. Upon appearing at the hearing scheduled in the citation or otherwise scheduled
6 at the individual's request, the individual may make a statement in explanation of
7 the individual's action. The official may at that time waive or suspend the statutory
8 fine or bond.
9 i. A citing peace officer may not receive the statutory fine or bond.
10 j. The bond required to secure appearance before the judge must be identical to
11 the statutory fine established in subdivision b.
12 5. An individual is guilty of a class B misdemeanor if that individual remains upon the
13 property of another after being requested to leave the property by a duly authorized
14 individual. An individual who violates this subsection is guilty of a class A
15 misdemeanor for the second or subsequent offense within a two-year period.
16 6. This section does not apply to a peace officer in the course of discharging the peace
17 officer's official duties.
18 SECTION 2. AMENDMENT. Section 20.1-01-17 of the North Dakota Century Code is
19 amended and reenacted as follows:
20 20.1-01-17. Posting of lands by owner to prohibit hunting - How posted - Signs
21 defaced.
22 1. Only the owner or tenant or an individual authorized by the owner of land may post the
23 land by placing. To post the land, an individual shall:
24 a. Place signs alongside the public highway or the land giving notice that hunting is
25 not permitted on the land. The name of the person posting the land mustmay
26 appear on each sign in legible characters if the person wishes to be contacted by
27 individuals seeking permission to enter or remain on the land. The signs must be
28 readable from the outside of the land and must be placed conspicuously not
29 more than eight hundred eighty yards [804.68 meters] apart. As to land entirely
30 enclosed by a fence or other enclosure, posting of signs at or on all gates
31 through the fence or enclosure constitutes a posting of all the enclosed land; or
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1 b. Designate the land as posted or closed to hunting in an online database or other
2 electronic application maintained or authorized by the state and available to the
3 public which identifies whether land is available to hunters.
4 2. A person may not deface, take down, destroy posting signs, or post property without
5 the permission of the owner or tenant or an individual authorized by the owner.
6 3. Even if the conduct of the owner, tenant, or individual authorized by the owner varies
7 from the provisions of subsection 1, an individual may be found guilty of violating
8 section 20.1-01-18 if the owner, tenant, or individual authorized by the owner
9 substantially complied with subsection 1 and notice against hunting or trespassing is
10 clear from the circumstances.
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Statutes affected: INTRODUCED: 12.1-22-03, 20.1-01-17
PREFILED: 12.1-22-03, 20.1-01-17