HI HB227

Amends the definition of "enter or remain unlawfully" to remove the presumption that persons can enter unimproved and apparently unused land without permission unless notice is given.

Adds a new subsection (d) to criminal trespass in the second degree making it unlawful to enter unimproved or unused lands without permission if the lands are fenced, enclosed, secured, or have posted "Private Property - No Trespassing" signs with letters at least two inches high placed at reasonable intervals along boundaries and entry points.

Defines "unimproved or unused lands" as land with no structures or major alterations, but allows minor improvements such as utility poles, signage, fences, trails, and maintenance activities like forest plantings and brush removal.

Establishes limited liability for agricultural land owners by prohibiting lawsuits from trespassers unless the injury or damage was intentionally inflicted or caused by gross negligence of the owner.

Effective July 1, 2011.