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Committee advances bill clarifying criminal trespass when land access is conditional
Summary
Senate Bill 1086 passed committee to clarify criminal trespass when landowners or public-land managers permit access but impose terms (for example, stay on trail). Sponsors said the change addresses inconsistent enforcement by some sheriffs and aims to protect trails and permitted access by enabling citations when conditions are violated.
The Senate Resources & Environment Committee advanced Senate Bill 1086 after proponents said the measure clarifies when criminal trespass applies if a landowner or a governmental agency grants access subject to conditions.
Sponsor Senator Mark Harris said the bill is aimed at off-trail motorized damage and spring closures. "What this deals or the problem this is fixing is some off trail travel that's been a problem and seasonal closures," he told the committee. The legislation clarifies that when permission is granted with terms or limitations and notice is posted, violating those terms can support a trespass citation.
David Claiborne, representing the Idaho Recreation Council and the Idaho State ATV Association, told the committee the change is meant to resolve inconsistent enforcement by sheriffs: "What we're trying to do is make it very clear in code that in these situations where the landowner puts some terms or conditions on the entry ... and if the recreationist violates those terms or conditions ... a trespass ticket can be written."
Scope and mechanics The bill would apply to both public and private lands where permission is granted subject to posted conditions, and it defines notices and landowner terms that can form the basis for criminal trespass charges. Witnesses and the sponsor said the bill would not criminalize accidental trespass where notice was not provided.
Concerns Some senators asked for time to review current trespass statutes before supporting final passage. Senator Cook said she would vote against the committee motion until she and others could examine the existing statutes more closely. Senator O'Connell said the measure largely clarifies enforcement choices made by some sheriffs rather than creating new criminal exposure where notice is absent.
Next steps A motion to send the bill to the Senate floor with a do-pass recommendation carried on a voice vote; several committee members reserved floor votes pending further review of current trespass code.
