SLS 20RS-579 ORIGINAL
2020 Regular Session
SENATE BILL NO. 320
BY SENATOR ALLAIN
TRESPASS. Allows the occupant of a watercraft traveling on state waters and engaged in
any lawful activity to remain on those waters unless forbidden to do so by the owner.
(8/1/20)
1 AN ACT
2 To amend and reenact the introductory paragraph of R.S. 14:63(J) and (J)(2)(b) and to enact
3 R.S. 14:63(E)(8) and (J)(3), relative to criminal trespass; to provide that the owner
4 or occupant of a watercraft may enter or remain on waters of the state while engaged
5 in lawful activity unless affirmatively prohibited from doing so by posted notice; to
6 provide relative to penalties; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. The introductory paragraph of R.S. 14:63(J) and (J)(2)(b) are hereby
9 amended and reenacted and R.S. 14:63(E)(8) and (J)(3) are hereby enacted to read as
10 follows:
11 ยง63. Criminal trespass
12 * * *
13 E. The following persons may enter or remain upon the structure, watercraft,
14 movable or immovable property, of another:
15 * * *
16 (8) The owner or occupant of a watercraft or vessel traveling on any
17 waters of the state who is engaged in any lawful activity, unless notice is
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 320
SLS 20RS-579 ORIGINAL
1 provided that the owner or occupant of a watercraft or vessel is forbidden to
2 enter or remain by the owner or other person with authority to prohibit or limit
3 access to the waters. For purposes of this Paragraph, "waters of the state"
4 means all surface waters within the state that are subject to the ebb and flow of
5 the tide. "Waters of the state" does not include any landlocked lake, farm pond,
6 private lake or pond, or any other nonnavigable water body that is entirely
7 enclosed and not connected to a navigable water body. Notice pursuant to this
8 Paragraph shall be indicated in any manner provided for such notice by
9 Subsection J of this Section.
10 * * *
11 J. Although not required by this Section, except as provided in Paragraph
12 (8) of Subsection E of this Section, notice that entrance upon any structure,
13 watercraft, movable, or immovable property owned by another is prohibited may be
14 indicated by either of the following:
15 * * *
16 (2) The placement of identifying purple paint marks on the trees or posts on
17 the property, provided that such marks are:
18 * * *
19 (b) Placed so that the bottom of the mark is not less than three feet from the
20 ground nor more than five feet from the ground or other surface.
21 * * *
22 (3) Any theft of or damage to a sign or marker provided for in this
23 Subsection shall be punishable pursuant to R.S. 14:55, 56, or 67, or other
24 provision of law, as applicable.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 320 Original 2020 Regular Session Allain
Present law provides relative to criminal trespass. Present law provides that no person can
enter any structure, watercraft, or movable owned by another without express, legal, or
implied authorization. Present law further provides that no person can enter upon immovable
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property owned by another without express, legal, or implied authorization. Present law
further provides that no person can remain in or upon property, movable or immovable,
owned by another without express, legal, or implied authorization.
Proposed law retains present law.
Present law provides that the following persons may enter or remain upon the structure,
watercraft, movable or immovable property, of another:
(1) A duly commissioned law enforcement officer in the performance of his duties.
(2) Any firefighter, whether or not a member of a volunteer or other fire department, and
any employee or agent of the La. Dept. of Agriculture and Forestry engaged in
locating and suppressing a fire.
(3) Emergency medical personnel engaged in the rendering of medical assistance to an
individual.
(4) Any federal, state, or local government employee, public utility employee, or agent
engaged in suppressing or dealing with an emergency that presents an imminent
danger to human safety or health or to the environment.
(5) Any federal, state, or local government employee, public utility employee, or agent
in the performance of his duties when otherwise authorized by present law to enter
or remain on immovable or movable property.
(6) Any person authorized by a court of law to enter or remain on immovable property.
(7) Any person exercising the mere right of passage to an enclosed estate, as otherwise
provided by law.
Proposed law retains present law and adds that the following to the list of persons who may
enter or remain:
(8) The owner or occupant of a watercraft or vessel traveling on any waters of the state
who is engaged in any lawful activity, unless notice is provided that the owner or
occupant of a watercraft or vessel is forbidden to enter or remain by the owner or
other person with authority to prohibit or limit access to the waters.
Proposed law provides that for purposes of proposed law, "waters of the state" means all
surface waters within the state that are subject to the ebb and flow of the tide, but "waters
of the state" does not include any landlocked lake, farm pond, private lake or pond, or any
other nonnavigable water body that is entirely enclosed and not connected to a navigable
water body. Proposed law further provides that notice pursuant to proposed law is to be
indicated in any manner provided for such notice by present law relative to signs and purple
paint.
Present law provides that notice that entrance upon any structure, watercraft, movable or
immovable property owned by another is prohibited may be indicated by either of the
following:
(1) A sign or signs posted on or in the property at a place or places where such sign or
signs may be reasonably expected to be seen.
(2) The placement of identifying purple paint marks on the trees or posts on the
property, provided that such marks are:
(a) Vertical lines of not less than 18 inches in length and not less than one inch
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in width.
(b) Placed so that the bottom of the mark is not less than three feet from the
ground nor more than five feet from the ground.
(c)Placed at locations that are readily visible to any person approaching the
property and no more than one hundred feet apart on forest land, as defined
in present law, or 1,000 feet apart on land other than forest land.
Proposed law retains present law and adds that the required distance of purple paint marks
is from the ground "or other surface".
Proposed law provides that any theft of or damage to a sign or marker provided for in
present law and proposed law is punishable pursuant to present law relative to aggravated
criminal damage to property, simple criminal damage to property, theft, or any other
applicable provision of present law.
Effective August 1, 2020.
(Amends R.S. 14:63(J)(intro para) and (J)(2)(b); adds R.S. 14:63(E)(8) and (J)(3))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.