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SF0012 • 2015

Trespassing to collect data.

AN ACT relating to crimes and offenses; creating the crimes of trespassing to unlawfully collect resource data and unlawful collection of resource data; limiting use of unlawfully collected data; providing for expungement; providing definitions; and providing for an effective date.

Land
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Judiciary
Last action
2015-03-10
Official status
enrolled
Effective date
3/5/2015

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0012H2001

2nd reading • Halverson

Failed

Plain English: Failed 2nd reading by Halverson

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0012H2002

2nd reading • Nicholas, B.

Failed

Plain English: Failed 2nd reading by Nicholas, B.

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0012H2003

2nd reading • Throne

Adopted

Plain English: Adopted 2nd reading by Throne

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0012H3001

3rd reading • Nicholas, B.

Adopted

Plain English: Adopted 3rd reading by Nicholas, B.

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0012H3002

3rd reading • Nicholas, B.

Failed

Plain English: Failed 3rd reading by Nicholas, B.

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0012H3003

3rd reading • Allen

Corrected, Failed

Plain English: Corrected, Failed 3rd reading by Allen

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0012HW001

Committee of the Whole • Petroff

Failed

Plain English: Failed Committee of the Whole by Petroff

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0012HW002

Committee of the Whole • Halverson

Failed

Plain English: Failed Committee of the Whole by Halverson

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0012HW003

Committee of the Whole • Nicholas, B.

Failed

Plain English: Failed Committee of the Whole by Nicholas, B.

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0012HS001

Standing Committee • HJudiciary

Adopted

Plain English: Adopted Standing Committee by HJudiciary

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0012S2001

2nd reading • Perkins

Adopted

Plain English: Adopted 2nd reading by Perkins

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0012S2002

2nd reading • Rothfuss

Failed

Plain English: Failed 2nd reading by Rothfuss

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0012S2003

2nd reading • Hicks

Adopted

Plain English: Adopted 2nd reading by Hicks

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0012JC001

Conference Committee

S Adopted, H Adopted

Plain English: S Adopted, H Adopted Conference Committee

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0012SS001

Standing Committee • SJudiciary

Adopted

Plain English: Adopted Standing Committee by SJudiciary

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2015-03-10 LSO

    Assigned Chapter Number

  2. 2015-03-10 Governor

    Governor Signed SEA No. 0061

  3. 2015-03-04 House

    H Speaker Signed SEA No. 0061

  4. 2015-03-04 Senate

    S President Signed SEA No. 0061

  5. 2015-03-03 LSO

    Assigned Number SEA No. 0061

  6. 2015-03-03 House

    H Adopted SF0012JC001: 52-7-1-0-0

  7. 2015-03-02 Senate

    S Adopted SF0012JC001: 26-4-0-0-0

  8. 2015-02-26 House

    H Appointed JCC01 Members

  9. 2015-02-24 Senate

    S Appointed JCC01 Members

  10. 2015-02-24 Senate

    S Concur:Failed 0-29-1-0-0

  11. 2015-02-23 Senate

    S Received for Concurrence

  12. 2015-02-23 House

    H 3rd Reading:Passed 49-10-1-0-0

  13. 2015-02-23 House

    Amendment failed

  14. 2015-02-23 House

    Amendment failed

  15. 2015-02-23 House

    Amendment Adopted

  16. 2015-02-20 House

    H 3rd Reading:Laid Back

  17. 2015-02-19 House

    H 2nd Reading:Passed

  18. 2015-02-19 House

    Amendment Adopted

  19. 2015-02-19 House

    Amendment failed

  20. 2015-02-19 House

    Amendment failed

  21. 2015-02-18 House

    H COW:Passed

  22. 2015-02-18 House

    Amendment failed

  23. 2015-02-18 House

    Amendment failed

  24. 2015-02-18 House

    Amendment failed

  25. 2015-02-18 House

    Amendment Adopted

  26. 2015-02-11 House

    H Placed on General File

  27. 2015-02-11 House

    Judiciary:Recommend Amend and Do Pass 8-1-0-0-0

  28. 2015-02-06 House

    H Introduced and Referred to H01 - Judiciary

  29. 2015-01-26 House

    H Received for Introduction

  30. 2015-01-22 Senate

    S 3rd Reading:Passed 26-3-1-0-0

  31. 2015-01-21 Senate

    S 2nd Reading:Laid Back

  32. 2015-01-21 Senate

    Amendment Adopted

  33. 2015-01-21 Senate

    Amendment failed

  34. 2015-01-21 Senate

    Amendment Adopted

  35. 2015-01-19 Senate

    S COW:Passed

  36. 2015-01-19 Senate

    Amendment Adopted

  37. 2015-01-19 Senate

    S Placed on General File

  38. 2015-01-19 Senate

    Judiciary:Recommend Amend and Do Pass 5-0-0-0-0

  39. 2015-01-14 Senate

    S Introduced and Referred to S01 - Judiciary

  40. 2015-01-13 Senate

    S Received for Introduction

  41. 2014-12-16 LSO

    Bill Number Assigned

Official Summary Text

Summary for LSO115
Bill No.:
SF0012
Effective
:
3/5/2015

LSO No.:
15LSO-0003

Enrolled Act No.:
SEA 61

Chapter No.:
146

Prime Sponsor:
Joint Judiciary Interim Committee

Catch Title:
Trespassing to collect data.

Subject:
New

crimes of trespassing to unlawfully collect resource data and

unlawful collection of resource data

Summary/Major Elements:

This bill creates
the crimes of trespassing to unlawfully collect resource data and unlawful collection of resource data
.
A person is guilty of trespassing to unlawfully collect resource data if he:
Enters onto open land for the purpose of collecting resource data; and
Does not have:
An ownership interest in the real property or, statutory, contractual or other legal authorization to enter or access the land to collect resource data; or
Written or verbal permission of the owner, lessee or agent of the owner to enter or access the land to collect the specified resource data.
A person is guilty of unlawfully collecting resource data if he enters onto private open land and collects resource data without:
An ownership interest in the real property or, statutory, contractual or other legal authorization to enter the private land to collect the specified resource data; or
Written or verbal permission of the owner, lessee or agent of the owner to enter the land to collect the specified resource data.
A violation of these crimes is punishable by imprisonment for not more than one year, a fine of not more than $1,000, or both.

A subsequent offense is punishable by
imprisonment for not less than ten days nor more than one year, a fine of not more than
$5,000
, or both
.
“
Resource data
”
means data relating to land or land use, including but not limited to data regarding agriculture, minerals, geology, history, cultural artifacts, archeology, air, water, soil, conservation, habitat, vegetation or animal species
.
“Resource data”
does not include:

Surveying
data to determine
property
boundaries or monuments;
Data u
sed by a state or local governmental entity to assess property values
;
Data c
ollected by a peace officer while engaged in the lawful performance of his official duties.
Resource data collected in violation of this act is not
admissible
in evidence in any civil, criminal or administrative proceedings except to prosecute a violation of this act or in a civ
il action against the violator.
Resource data collected in violation of this act in the
possession
of any governmental entity is required to be expunged from all files and data bases and cannot be considered in
determining any agency action.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text 
ORIGINAL
Senate
File No
.
SF0012

ENROLLED ACT NO. 61,

SENATE

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2015 General Session

AN ACT relating to crimes and offenses; creating the crimes of trespassing to unlawfully collect resource data and unlawful collection of resource data; limiting use of unlawfully collected data; providing for expungement; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 6
‑
3
‑
414
is created to read:

6
‑
3
‑
41
4
.

Trespassing to unlawfully collect resource data; u
nlawful collection of
resource
data.

(a)

A person is guilty of
trespassing to
unlawfully collect

resource
data if he
:

(i)

E
nters onto open land
for the purpose of collecting resource data
; and

(ii)

Does not

have:

(A)

An ownership interest in the real property or, s
tatutory, contractual or other l
egal
authorization to enter or access
the land
to collect resource data
;

or

(B
)

W
ritten
or verbal
permission of the
owner, lessee or agent of the owner
to enter or access
the land
to collect
the specified
resource
data
.

(b)

A person is guilty of unlawful
ly collecting
resource data

if he
enters onto private open land
and collects resource data without
:

(i)

An ownership interest in the real property or, s
tatutory, contractual or other legal
authorization to enter
the
private
land to collect
the specified
resource data; or

(ii)

Written or verbal permission of the owner, lessee or agen
t of the owner to enter
the land to collect
the specified
resource data
.

(c
)

Trespassing to unlawfully collect resource data
a
nd unlawfully collecting res
ource data are
punishable as follows
:

(i)

By
imprisonment for not more than
one (1
)
year, a fine of not more than one thousand dollars ($1
,000.00)
,
or both;

(ii)

By i
mprisonment for not
less than ten
(
10
)
days nor more than one (1) year
, a fine of not more than
five thousand dollars ($5
,000.00)
,
or both
, if the person has previously been convicted of trespassing to unlawfully collect resource data or unlawfully collecting resource data
.

(
d
)

As used in this section:

(i)

"Collect" means to take a sample of material, acquire, gather, photograph or otherwise preserve information in any form from open land which is submitted or intended to be submitted to any agency of
the state or federal government;

(ii
)

"
Open land
"
means land outside the exterior boundaries of any incorporated cit
y, town
,
subdivision

approved pursuant to W.S. 18
‑
5
‑
308 or development
approved
pursuant
to W.S. 18
‑
5
‑
403;

(ii
i
)

"
Peace officer
"
means as defined by W.S. 7
‑
2
‑
101;

(iv
)

"
Resourc
e data
"
means data relating to
land
or land use
, including but not limited to data
regarding
agriculture, minerals, geology, history,
cultural artifacts, archeology, air,
water, soil, conservation, habitat, vegetation or animal species.

"
Resource data
"
does not include data:

(A)

For surveying
to
determin
e
property boundaries or the location of survey monuments;

(B)

U
sed b
y
a state or local government
al entity
to assess property values;

(C)

Collected or intended to be collected by a
peace officer while engaged in the lawful per
formanc
e of his official duties.

(e)

No
resource data collected in violation of
this section

is admissible in evidence in any civil, criminal or administrative proceeding
, other than a prosecution
for violation of this section
or a civil action against the violator
.

(f)

Resource data collected in violation of this section in the possession of any
governmental entity as defined by W.S. 1
‑
39
‑
103(a)(i)
shall be expunged
by the entity
from all files and data bases
, and it shall not be considered in determining any agency action
.

Section
2
.

This
act is
effective
immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1