Trespass Regulations Against Mischievous Persons Act of 2022

THE PEOPLE OF THE STATE OF SAN ANDREAS DO ENACT AS FOLLOWS:

CHAPTER I. GENERAL PROVISIONS

SECTION I. TITLE

This title shall be known and may be cited as the Trespass Regulations Against Mischievous Persons Act of 2022.

SECTION II. FINDINGS AND DECLARATIONS

1. The State of San Andreas has no legal process or mandates for trespass orders but is equipped with a penal charge for Trespassing.
2. The State of San Andreas hereby establishes the procedure of trespassing individuals from businesses.
3. The State of San Andreas hereby establishes the procedure of trespassing individuals from private homes.
4. The State of San Andreas hereby establishes the mandates that a peace officer must follow for trespass orders.

SECTION III. DEFINITIONS

For the purposes of this law and all references to this law;

1. Verbal Notice (of Trespass) shall refer to a verbal statement or notice of trespass from one person to another, or from a peace officer to a person for the purpose of informing a person that they are either intending to be trespassed, are actively being trespassed, or have been given a trespass order. 
2. Trespass Order shall refer to the official binding document declaring that a person is trespassed from a business premises.
3. Trespass shall refer to the relevant Trespassing code in the San Andreas Penal Code.
4. Authorized Employee shall refer to an individual who is employed or contracted by a commercial entity and is currently conducting their duties on commercial premises.
5. Commercial Premises shall refer to the land or property belonging to an organization or company. 
6. Homeowner shall refer to a landlord, tenant, or both, of a dwelling privately owned or rented thereby.
7. (Private) Property shall refer to the privately owned dwelling of the homeowner.
8. Peace Officer shall refer to the definition found in section General Definitions under point 2 of the San Andreas Penal Code.
9. Person shall refer to any individual which is neither a peace officer, nor a business owner, nor a homeowner.
10. Person to be Trespassed shall refer to any individual who is neither a peace officer, nor a business owner, nor a homeowner whom a business owner, home owner, or a peace officer intends to trespass, is actively being trespassed, or has been issued a trespass order by a peace officer.

CHAPTER II. BUSINESS PREMISES

SECTION I. TRESPASS OR REMOVAL BY AUTHORIZED EMPLOYEES

1. An authorized employee may order a person to vacate the business premises.
2. If the person to be trespassed refuses to vacate the business premises, the forceful removal of the person to be trespassed shall be lawful except if subjected to unreasonable measures.
              (a) Person to be trespassed may not be subject to threatening language rising to the level of assault.
              (b) Person to be trespassed may not be subject to battery or other violent crimes except in self defense.
              (c) Commercial entities  are liable for any civil damages in the event of unreasonable force while conducting a forceful removal of the person to be trespassed from the business premises conducted by an authorized employee.
              (d) Authorized employees are held liable to any criminal or civil misconduct in the case of unreasonable force in a forceful removal of the person to be trespassed. 

SECTION II. TRESPASS ORDER PROCESS

1. An authorized employee who wishes to trespass any person from their commercial premises via trespass order may notify a peace officer to issue a trespass order.
2. A peace officer shall detain the person to be trespassed if possible and may identify the person to be detained.
3. A peace officer shall issue a trespass order against the person to be trespassed.
              (a) A copy of the trespass order may be given to the business owner.
              (b) A copy of the trespass order may be given to the person to be trespassed.
4. A peace officer shall submit a record of the trespass order into the relevant database(s).
5. A peace officer—to effect an arrest for trespassing on any commercial premises—must have first issued a verbal notice of trespass to the person to be detained and said notice must not have been adhered to OR the person to be trespassed has already received a trespass order previously. A trespass order shall be issued in conjunction with the arrest.
6. This section shall not negate or dismiss any other charges of crimes while in the process of the issuance of a trespass order or an arrest for Trespassing.
7. A peace officer is not required to issue a trespass order for the provisions of Chapter III of this Act.

SECTION III. TRESPASS ORDER CONTENTS

1. The trespass order shall contain the name of the person to be trespassed and the name of the business premises which the trespass order is relevant to.
2. The trespass order shall contain information about the person to be trespassed, unless otherwise unattainable, the gender, race, age or approximate age, the date of trespass, and the expiration date of the trespass order which shall be set by the business owner.
3. The trespass order may contain further information which a peace officer might find pertinent or useful.

CHAPTER III. PRIVATE PROPERTY

SECTION I. TRESPASS BY HOMEOWNER

1. Upon the request or notification of a homeowner, a peace officer may effect an arrest upon an individual, who holds no deed or claim under Chapter III, Section II of this Act to a property, who is trespassing on private property immediately without prior notice.
2. A peace officer may not effect an arrest upon a homeowner or any individual with a deed or claim to the property.

SECTION II. CLAIM TO A PROPERTY

Pursuant to Chapter III, Section I, Subsection 2 of this Act, the following persons hold a rightful claim to belong onto a private property;

1. A homeowner.
2. A child of the homeowner under the age of 18.
3. The legal spouse of the homeowner.
4. A tenant of a property pursuant to the Landlord and Tenant Act of 2021.

SECTION III. ENACTMENT

(a) The provisions of this Act are to be effected only when a person to be trespassed has violated Title III, Code 309 - Trespassing of the San Andreas Penal Code.

(b) The provisions of this Act are to take effect 48 hours after the Governor's ratification of this bill into law.