Trespassing

To control problem behavior at your property, there may be times when you need to exclude a visitor from your premises. In the State of Texas this problem is most effectively handled by app the criminal trespassing statute of the Texas Penal Code. Under this statute:

Texas Penal Code 30.05 defines Criminal Trespass as:

A person commits criminal trespass when he enters or remains on property or in a building of another without effective consent and the person had notice that entry was forbidden or received notice to depart but has failed to do so. To further explain the statute the term “notice” needs clarification. There are several methods of notice that are acceptable under Texas Penal Code Section 30.05 (b)(2): • Oral or written communication by the owner or by someone with authority to act for the owner. • Fencing or other enclosure that is obviously designed to exclude intruders. • A sign or signs posted on the property or at the entrance to the building placed so that it would be reasonably likely to come to the attention of the intruders, indicating that entry is forbidden. • The placement of identifying purple paint marks on trees or posts on the property, provided that the marks are: I. Vertical lines of not less than eight inches in length and not less than one inch in width: 2. Placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and 3. Placed at locations that are readily visible to any person approaching the property and no more than 100 feet apart on forestland or 1000 feet apart on land other than forestland.

A. If you have an individual whom you DO NOT want on the property, call 911. An officer will be dispatched to your location. (YOU MAY NOT HOLD THAT INDIVIDUAL UNTIL THE POLICE GET THERE). B. When the officer arrives at the location, and if the individual is still there • A representative of the property in the presence of the officer will give a verbal criminal trespass warning. • If the individual leaves the representative will be given a Criminal Trespass warning card. (See Figure 3). • The Criminal Trespass warning is valid for 60 days from the date it was issued. In the event a photo was taken of the individual the Criminal Trespass warning would be valid for six months from the date it is was issued. The business has the responsibility of holding this evidence.

If the individual returns to the location within the 60 days or six months call 911. DO NOT hold the individual. Once the officers arrive and the individual is still there he may be arrested for the violation. The officer will need to see the valid Criminal Trespass warning card since it has the required information on the card to place the individual in jail.

Police officers may make an immediate arrest for Criminal Trespass when any of the following criteria are met: • The person is currently on your premises, has been asked by you and in the presence of the police officers to leave the premises. and is refusing to leave. • The person has been previously warned, and that warning documented with a report and the suspect is currently in the officer’s presence. OR • The person has an outstanding warrant that is the result of your initiating a complaint with municipal court or a police officer filing charges for trespassing and a judge has issued a warrant.

Document the incident. Whether an incident requires police help or not, keep an incident log of any problem behavior. The log can become valuable for working with police, prosecutors, and neighbors to determine the scope of problems and your efforts to address those problems. Maintain a list of people who have been barred from the property. Make sure all employees understand which people are barred.

City of Dallas Trespass Warning Reporting Person ___________________________________________________, a representative of complainant ______________________________________________ warned a _______________________________________________a _____/_____DOB ______________________ in the presence of officer_____________________________ Badge#_________that to return to this location of_______________________________ ______________ would constitute an Office of Criminal Trespass. This is documented on Service Number_____________________________ Date____________