Criminal trespass to collect data-amendments.

ORIGINAL
Senate
ENGROSSED
File No
.
SF0075

ENROLLED ACT NO. 55,

SENATE

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2016 Budget Session

AN ACT relating to crimes and offenses; amending provisions related to the crimes of trespassing to unlawfully collect resource data and unlawful collection of resource data; creating the crime of trespassing to access adjacent or proximate land; repealing the definition of "open land"; and providing for an effective date.

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

Section 1
.

W.S. 6
‑
3
‑
414(
a)(intro), (i), (ii)(A), (B), (b)(intro), (ii), by creating a new subsection (c) and by amending and renumbering (c) through (f) as (d) through (g) is amended to read:

6
‑
3
‑
414
.

Trespassing to unlawfully collect resource data; unlawful collection of resource data.

(a)

A person is guilty of trespassing to unlawfully collect resource data
from private land

if he:

(i)

Enters onto
open

private
land for the purpose of collecting resource data; and

(ii)

Does not have:

(A)

An ownership interest in the real property or, statutory, contractual or other legal authorization to enter
or access

the
private

land to collect
the specified

resource data; or

(B)

Written or verbal permission of the owner, lessee or agent of the owner to enter
or access

the
private

land to collect the specified resource data.

(b)

A person is guilty of unlawfully collecting resource data if he enters onto private
open

land and collects resource data

from private land
without:

(ii)

Written or verbal permission of the owner, lessee or agent of the owner to enter the
private

land to collect the specified resource data.

(c)

A person is guilty of trespassing to access adjacent or proximate land if he:

(i)

Crosses private land to access adjacent or proximate land where he collects resource data; and

(ii)

Does not have:

(A)

An ownership interest in the real property or, statutory, contractual or other legal authorization to cross the private land; or

(B)

Written or verbal permission of the owner, lessee or agent of the owner to cross the private land.

(c)
(d)

Trespassing to unlawfully collect resource data and unlawfully collecting resource data
Crimes committed
under subsection (a), (b) or (c) of this section
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 imprisonment 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)
(e)

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
and the recording of a legal description or geographical coordinates of the location of the collection
;

(iii)

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

(iv)

"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 data:

(A)

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

(B)

Used by a state or local governmental entity to assess property values;

(C)

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

(e)
(f)

No resource data collected
on private land
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)
(g)

Resource data collected
on private land
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.

W.S. 6
‑
3
‑
414(
d)(ii) is repealed.

Section

3
.

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