MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Forestry; Judiciary B

By: Representative Shows

House Bill 1039

(COMMITTEE SUBSTITUTE)

AN ACT TO CREATE SECTION 49-19-408, MISSISSIPPI CODE OF 1972, TO PROVIDE LIMITED IMMUNITY FROM CRIMINAL TRESPASS FOR PERSON CONDUCTING FOREST INVENTORY ON PROPERTY FOR THE MISSISSIPPI INSTITUTE FOR FOREST INVENTORY; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  The following shall be codified as Section 49-19-408, Mississippi Code of 1972:

     49-19-408. (1)  A person may enter in or upon public lands or waters, except buildings, while in the lawful performance of forest inventory duties for the Mississippi Institute for Forest Inventory without criminal liability for trespass.  The person shall make a good faith attempt to announce and identify himself and his intentions before entering upon property.

     (2)  This section does not relieve the person from any civil liability that otherwise is actionable at law or in equity and does not relieve the person from criminal liability for trespass if the entry in or upon the property extends beyond the property or area that is necessary to actually perform the forest inventory duties.

     SECTION 2.  This act shall take effect and be in force from and after its passage.