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 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 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))