House Bill 855

AN ACT TO AMEND SECTIONS 97-17-93 AND 97-17-85, MISSISSIPPI CODE OF 1972, TO PROVIDE SPECIFIC PENALTIES FOR TRESPASSING WHILE ENGAGED IN CERTAIN OUTDOOR ACTIVITIES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-17-93, Mississippi Code of 1972, is amended as follows:

97-17-93. (1) Any person who knowingly enters the lands of another without the permission of or without being accompanied by the landowner or the lessee of the land, or the agent of such landowner or lessee, shall be guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine of Two Hundred Fifty Dollars ($250.00). Upon conviction of any person for a second or subsequent offense, the offenses being committed within five (5) years of the last offense, such person shall be punished by a fine of Five Hundred Dollars ($500.00), and may be imprisoned in the county jail for a period of not less than ten (10) nor more than thirty (30) days, or by both such fine and imprisonment. This section shall not apply to the landowner's or lessee's family, guests, or agents, to a surveyor as provided in Section 73-13-103, or to persons entering upon such lands for lawful business purposes.

(2) (a) It shall be the duty of sheriffs, deputy sheriffs, constables and conservation officers to enforce this section.

(b) Such officers shall enforce this section by issuing a citation to those charged with trespassing under this section.

(3) The provisions of this section are supplementary to the provisions of any other statute of this state.

(4) A prosecution under the provisions of this section shall be dismissed upon the request of the landowner, lessee of the land or agent of such landowner or lessee, as the case may be.

(5) Any person who violates this section for the purpose of engaging in any hunting, fishing, trapping or other actiivity regulated by the Department of Wildlife, Fisheries and Parks shall be guilty of a misdemeanor and, upon conviction, shall be punished as follows:

(a) By a fine of Five Hundred Dollars ($500.00) for a first offense;

(b) By a fine of One Thousand Dollars ($1,000.00) for a second offense; or

(c) By a fine of One Thousand Five Hundred Dollars ($1,500.00) and imprisonment for not less than thirty (30) days nor more than six (6) months in the county jail for a third or subsequent offense.

SECTION 2. Section 97-17-85, Mississippi Code of 1972, is amended as follows:

97-17-85. (1) Except as otherwise provided in Section 73-13-103, if any person shall go upon the enclosed land of another without his consent, after having been notified by such person or his agent not to do so, either personally or by published or posted notice, or shall remain on such land after a request by such person or his agent to depart, he shall, upon conviction, be fined not more than Fifty Dollars ($50.00) for such offense. The provisions of this section shall apply to land not enclosed where the stock law is in force.

(2) Any person who violates this section for the purposes described in Section 97-17-93(5) shall be punished as provided therein.

SECTION 3. This act shall take effect and be in force from and after July 1, 2013.