Louisiana 2020 2020 Regular Session

Louisiana House Bill HB627 Comm Sub / Analysis

                    DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part of the
legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 627 Original	2020 Regular Session	Amedee
Abstract:  Provides for an affirmative defense to the crime of trespass when certain property is not
properly posted.  
Present law prohibits any person from entering upon immovable property owned by another without
express, legal, or implied authorization.  
Proposed law provides that when the criminal trespass is upon marsh land or upon any river, stream,
canal, bayou, bay, lake, or any waters that are navigable in fact or subject to the ebb and flow of the
tide, but the beds and bottoms of which are claimed to be privately owned, it shall be an affirmative
defense to prosecution that the property was not adequately posted in accordance with the provisions
proposed law.
Proposed law provides that property is adequately posted if the owner, lessee, or person having the
written permission of the owner or lessee posts the property by any one of the following methods:
(1)Placing specific identifying paint marks on trees or posts around the boundaries of the
property or the area to be posted.  
(2)Placing signs which bear the words "Posted", "No Trespassing", or "No" around the
boundaries of the property or the areas to be posted at points no more than 1,000 feet apart
and at each normal point of ingress and egress.  
(3)Constructing a fence around the area to be posted of not less than three strand wire, or its
equivalent, and placing signs that bear the words "Posted", "No trespassing", or "No".
(Amends R.S. 14:63(D) and (J))