SB2364 was passed and may become law soon. It was attempting to fix some holes in the “SAFE-T” act. Starting Jan. 1 2023 someone may only be arrested for criminal trespass to property (class B misdemeanor) or disorderly conduct (class C misdemeanor) if they, “(1) poses a specific, real, and present threat to the safety of the community or any person or persons; or (2) has a medical or mental health condition that poses a risk to the safety of the accused.
This applies to all class B and C misdemeanors, traffic offenses, and petty offenses.
Scenario, someone puts a tent on your property or enters a house, store, or restaurant. This person is not a threat to anyone and has no mental health issues. This person will not leave when asked to do so and thus is trespassing.
Sounds like these scenarios are a “cite and release” type violation where the police can only issue a citation and tell the property/store owner that we are unable to physically arrest someone and that we have to leave them on their property. Anyone thinking any differently here?