West Virginia 2023 Regular Session

West Virginia Senate Bill SB299

Introduced
1/19/23  
Refer
1/19/23  
Engrossed
2/8/23  
Refer
2/9/23  

Caption

Relating to crime of trespass generally

Impact

The amendments proposed under SB299 will affect several aspects of state law related to criminal trespass. The bill returns a focus towards protecting property owners, especially those with agricultural interests, by establishing a framework where offenders can be liable for double the damages incurred, including cleanup costs. This changes the landscape for trespass laws by creating a deterrent against willful trespass, particularly on lands associated with livestock and crop production. As a result, the bill emphasizes property rights and undermines potential infringements by ensuring offenders bear financial responsibility.

Summary

Senate Bill 299 significantly amends the existing laws regarding trespassing in West Virginia. It aims to enhance the enforcement of trespass laws by imposing stricter penalties and introducing provisions for double damages for property owners affected by willful trespass. This legislative move responds to the increasing concerns about criminal trespass, particularly in agricultural settings, and seeks to provide property owners with greater recourse against infringers. Specifically, the bill introduces a new section that not only allows for monetary penalties but also consolidates the legal standing regarding cleanup costs associated with trespass violations.

Sentiment

General sentiment around SB299 is positive among proponents who advocate for stronger property rights and protections for agricultural operators. Supporters argue that the bill provides necessary tools for safeguarding property and deterring criminal behavior that could undermine farming activities. However, some skepticism exists among civil rights advocates who caution against overly punitive measures that might complicate legitimate activities on or near agricultural lands. While many legislators champion the newly established protections, there is an acknowledgment that the law could impact certain recreational and community engagement activities.

Contention

Notable points of contention surrounding SB299 include the balance between enforcing property rights and ensuring access to lands for non-threatening interactions. Concerns have been raised regarding the bill's potential to criminalize harmless activities or limit community engagement with agricultural areas. Additionally, the provision for double damages is viewed by some as excessive, creating potential barriers for individuals mistakenly entering these properties. Overall, while the bill is positioned to fortify property protections, discussions focus on finding a fair middle ground that accommodates both property owner rights and community interactions.

Companion Bills

No companion bills found.

Similar Bills

WV HB4273

Related to fines for trespassing

WV HB2328

Relating to criminal trespass

WV HB4460

Relating to felony trespassing

WV HB2629

Relating to criminal trespass

WV HB5130

Relating to criminal trespass

WV HB2567

Relating to felony trespassing

WV HB4090

Increasing penalties for trespassing

IL SB0184

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