Trespass bill debated

BOISE — A bill increasing penalties for trespassing passed an Idaho Senate panel and was sent for amendments after nearly two-and-a-half hours of debate March 14.

The issue attracted both sportsmen and rural landowners, most of whom were on opposite sides of the issue. Testifiers on both sides said they agree there is a need to clarify the current trespassing law and increase penalties for trespassing — but sportsmen, the Idaho Sheriffs’ Association and others said the bill is ambiguous and raises concerns about over-penalizing accidental trespassers.

The Idaho Sportsmen’s Alliance — which represents more than 15 organizations and multiple individuals — is one group that has taken an official position against the bill, said Benn Brocksome, who represents the alliance.

“We, like many have testified before, have some pretty serious concerns with this bill,” he said.

While Brocksome said he would prefer the bill be put off until next year, giving lawmakers more time to work on it, he said it should at least be sent for amendments.

Dan Walton, a landowner in Gem County, said he has had issues with trespassers and with getting police to enforce the current trespass law. He said once, he found a person trespassing and called the police to solve the issue.

“They said ‘well, we’re a couple hours out. It’s really not one of those things that we do because it takes too much time and we get very little out of it,’” Walton said.

Another landowner from Gem County said it often took police 45 minutes to 3 hours to respond to his calls about trespassing. Currently, the fine for trespassing, without doing damage to property, is $50. House Bill 658 would increase the fine to $500.

When asked about whether the bill would encourage law enforcement to respond to calls in a more timely matter, Meridian Police Chief Jeff Lavey, who testified against the bill, said it would not.

Sen. Jeff Siddoway, R-Terreton, made the motion to send the bill to the amending order, as recommended by bill sponsor Sen. Mark Harris, R-Soda Springs.

“I don’t know that we can take this and make it a better bill in the time frame that we have,” Siddoway said. “But I guess being the gambler that I am, I’m willing to give that a shot.”

Sen. Maryanne Jordan, D-Boise, said she also had reservations about changing the bill with limited time, and made a substitute motion to kill it.

“Clearly this bill is almost like peeling an onion,” she said. “Every time we identify an issue, we find an unintended consequence that may apply as well.”

Jordan’s motion died on a party-line vote, with Jordan and Senate Minority Leader Michelle Stennett of Ketchum voting in favor of the motion. Both joined their republican colleagues on the Senate Resources and Environment Committee in sending the bill for amendments.

HB 658 is a newer version of House Bill 536. An Attorney General’s Office opinion on the original bill said it had multiple issues and appeared unconstitutional. An opinion from the office on HB 658 said there are still conflicts in the bill with existing law, but the constitutional concerns have been taken care of.

Nina Rydalch covers the 2018 Idaho Legislature for the University of Idaho McClure Center for Public Policy Research.