HB 1137 – AS INTRODUCED
2006 SESSION
04/01
HOUSE BILL 1137
AN ACT relative to criminal trespass.
SPONSORS: Rep. Renzullo, Hills 27; Rep. Buhlman, Hills 27; Rep. Ulery, Hills 27; Rep. Rowe, Hills 6; Rep. Itse, Rock 9
COMMITTEE: Criminal Justice and Public Safety
This bill adds a new circumstance under which criminal trespass may be charged.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2053
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to criminal trespass.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Unauthorized Entries; Criminal Trespass. Amend RSA 635:2 to read as follows:
635:2 Criminal Trespass.
I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place within the borders of this state.
II. Criminal trespass is a misdemeanor for the first offense and a class B felony for any subsequent offense if the person knowingly or recklessly causes damage in excess of $1,000 to the value of the property of another.
III. Criminal trespass is a misdemeanor if:
(a) The trespass takes place in an occupied structure as defined in RSA 635:1, III; or
(b) The person knowingly enters or remains:
(1) In any secured premises;
(2) In any place in defiance of an order to leave or not to enter which was personally communicated to him by the owner or other authorized person; [or]
(3) In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order[.] ; or
(4) In any place in this state when such person is an alien who is not a citizen of the United States of America and not in possession of Form I-151, Alien Registration Receipt Card issued by the former United States Immigration and Naturalization Services, or any other document issued by the United States Department of Homeland Security, U.S. Citizenship and Immigration Services or the Attorney General of the United States of America which authorizes such person to be present in this state.
IV. All other criminal trespass is a violation.
V. In this section, “secured premises” means any place which is posted in a manner prescribed by law or in a manner reasonably likely to come to the attention of intruders, or which is fenced or otherwise enclosed in a manner designed to exclude intruders.
VI. In this section, “property,” “property of another,” and “value” shall be as defined in RSA 637:2, I, IV, and V, respectively.
2 Effective Date. This act shall take effect January 1, 2007.