H.B. 122

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 9, 2010 at 10:58 AM by lerror. --> 1

SURVEYOR AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: John G. Mathis
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill H. [ prohibits, in certain circumstances, the prosecution of a county surveyor or a
10 professional land surveyor for criminal trespass. ] provides a defense to criminal trespass that the
10a person is a professional surveyor or county surveyor. .H
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . H. [ prohibits, in certain circumstances, the prosecution of a county surveyor or a
15 professional land surveyor for criminal trespass ] provides a defense to criminal trespass that the
15a person is a professional surveyor or county surveyor .H ; and
16 . makes technical corrections.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 76-6-206, as last amended by Laws of Utah 2006, Chapter 210
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 76-6-206 is amended to read:

27 76-6-206. Criminal trespass.

28 (1) As used in this section, "enter" means intrusion of the entire body.
29 (2) A person is guilty of criminal trespass if, under circumstances not amounting to
30 burglary as defined in Section 76-6-202 , 76-6-203 , or 76-6-204 or a violation of Section
31 76-10-2402 regarding commercial terrorism:
32 (a) [he] the person enters or remains unlawfully on property and:
33 (i) intends to cause annoyance or injury to any person or damage to any property,
34 including the use of graffiti as defined in Section 76-6-107 ;
35 (ii) intends to commit any crime, other than theft or a felony; or
36 (iii) is reckless as to whether [his] the person's presence will cause fear for the safety of
37 another;
38 (b) knowing [his] the person's entry or presence is unlawful, [he] the person enters or
39 remains on property as to which notice against entering is given by:
40 (i) personal communication to the actor by the owner or someone with apparent
41 authority to act for the owner;
42 (ii) fencing or other enclosure obviously designed to exclude intruders; or
43 (iii) posting of signs reasonably likely to come to the attention of intruders; or
44 (c) [he] the person enters a condominium unit in violation of Subsection 57-8-7 (7).
45 (3) (a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless it was
46 committed in a dwelling, in which event it is a class A misdemeanor.
47 (b) A violation of Subsection (2)(c) is an infraction.
48 (4) H. (a) As used in this Subsection (4):
48a (i) "Professional land surveying or the practice of land surveying" is as defined
48b in Section 58-22-102.
48c (ii) "Professional land surveyor" is as defined in Section 58-22-102.
48d (iii) "Surveyor" means a professional land surveyor and a county surveyor.
48e (b) .H It is a defense to prosecution under this section that:
49 H. [ (a) ] (i)(A) .H the property was open to the public when the actor entered or remained; and
50 H. [ (b) ] (B) .H the actor's conduct did not substantially interfere with the owner's use of the
51 property H. [ . ] ; or
51a (ii)(A) the actor:
51b (I) is a surveyor or a designee of the surveyor engaged in professional
51c land surveying or the practice of land surveying; or
51d (II) in the case of a county surveyor or designee of the county surveyor,

is
51e acting under the scope of authority under Title 17, Chapter 23, County Surveyor; and

51f (B) the actor's conduct did not substantially interfere with the owner's use of the
51g property.
52 [ (5) (a) As used in this Subsection (5):
53 (i) "Professional land surveying or the practice of land surveying" is as defined in
54 Section 58-22-102 .
55 (ii) "Professional land surveyor" is as defined in Section 58-22-102 .
56 (iii) "Surveyor" means a professional land surveyor and a county surveyor.
57 (b) A surveyor does not commit criminal trespass if when the surveyor enters and
58 remains on the property, the surveyor: ] .H

59 H. [ (i) (A) is engaged in professional land surveying or the practice of land surveying; or
60 (B) in the case of a county surveyor or a designee of the county surveyor, is acting
61 under the scope of authority under Title 17, Chapter 23, County Surveyor; and
62 (ii) is not acting in violation of this section. ] .H




Legislative Review Note
as of 1-28-10 10:20 AM

Office of Legislative Research and General Counsel