Senate Bill No. 105
(By Senators Brackenrich, Chernenko, Dittmar, Whitlow,
Felton, Anderson, Ross and Dalton)
____________
[Introduced February 22, 1993; referred to the Committee
on Natural Resources.]
____________
A BILL to amend and reenact section three, article three-b,
chapter sixty-one of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the use of
paint to satisfy the requirements of posting property;
requiring written notices in certain instances; education
efforts required and civil liability imposition barred; and
criminal penalties.
Be it enacted by the Legislature of West Virginia:
That section three, article three-b, chapter sixty-one of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 3B. TRESPASS.
§61-3B-3. Trespass on property other than structure or
conveyance; penalties.
(a) Any person who knowingly and without being authorized,
licensed or invited, enters or remains on any property, otherthan a structure or conveyance, as to which notice against
entering or remaining is either given by actual communication to
such person or by posting, fencing or cultivation, shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be
fined not more than one hundred dollars.
(b) The requirements of posting may be satisfied by placing
written notice or by applying not less than fifty square inches
of paint, at intervals clearly visible from one such paint spot
to another, to posts, structures or natural objects, except that
when metal fence posts are used, the portion above ground level
must be painted in its entirety. A written notice, giving the
name of the owner, lessee or occupant of the land, must be placed
at each outer gate and normal point of access to the property,
including both sides of a body of water crossing the property
wherever the body of water intersects an outer boundary line. If
property has been posted in substantial compliance with this
subsection, it is considered closed to public access unless
explicit permission to enter is given by the owner, tenant or
agent.
The divisions of natural resources and forestry of the
department of commerce, labor and environmental resources shall
attempt to educate the public, including all persons holding
hunting, fishing or trapping licenses or permits, of this section
concerning entry on private land.
In no event may civil liability be imposed upon the owner or
occupier of premises by reason of any privilege created by thissection.
(b) (c) If the offender defies an order to leave, personally
communicated to him the offender by the owner, tenant or agent of
such owner or tenant, or if the offender opens any door, fence or
gate, and thereby exposes animals, crops or other property to
waste, destruction or freedom, or causes any damage to property
by such trespassing on property other than a structure or
conveyance, he the offender shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be fined not less than one
hundred dollars nor more than five hundred dollars or imprisoned
in the county jail for a period not to exceed six months, or both
such fine and imprisonment.
(c) (d) If the offender is armed with a firearm or other
dangerous weapon with the unlawful and felonious intent to do
bodily injury to a human being during his commission of the
offense of trespass on property other than a structure or
conveyance, such offender shall, notwithstanding the provisions
of section one, article seven, chapter sixty-one of this code, be
guilty of a misdemeanor, and, upon conviction thereof, shall be
confined in the county jail for a term not to exceed six months,
or fined not more than one hundred dollars, or both such fine and
imprisonment.
(d) (e) Notwithstanding and in addition to any other
penalties provided by law, any person who performs or causes
damage to property in the course of a willful trespass shall be
liable to the property owner in the amount of twice the amount ofsuch damage: Provided, That the provisions of this article shall
not apply in a labor dispute.
NOTE: The purpose of this bill is to permit the use of
paint to satisfy the requirements of posting property; to require
written notice in certain instances; to require provisions of
this section be made known to the public and to protect
landowners from civil liability.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
This bill is recommended by the Forest Management Review
Commission for passage at this session.