Senator Elliott proposes the following amendment (SJ-399.MB0004S):
Amend the bill, as and if amended, SECTION 1, by striking Section 16-11-635(A)(1), (2), and (3) and inserting:
(1) A person who enters a transportation facility, including any public transportation and any public transportation system, as defined in Section 58-25-20, is prohibited from committing any acts designated in Section 58-23-1830 or committing a criminal offense. The transportation facility shall post in writing the prohibited conduct designated in Section 58-23-1830.(2) The transit director, the transit director's designee, the transit supervisor, or the transit supervisor's designee, is authorized to request a person, who commits any of the acts described in Section 58-23-1830 or commits a criminal offense, to leave the transportation facility, as well as any public transportation and any public transportation system, and provide warning that the person is prohibited from returning for a specific duration of time. without legal cause or good excuse, after having been warned not to do so by the transit director, transit supervisor, or the designee of the transit director or transit supervisor in consultation with the transit director or transit supervisor, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or be imprisoned not more than thirty days.
(2)(3) A copy of the warning notice provided for by subsection (A)(1)this section must be given to the person, in writing, in the presence of a law enforcement officer. When issued, unless otherwise specifically limited in scope, the warning notice shall apply to all transportation facilities of the transit authority, including all public transportation and all public transportation systems governed by the transit authority. The warning notice must state:
(a) the alleged criminal law violation or the alleged violation of the transit authority's code of conduct promulgated by the board of the transit authority under the authority provided by Section 4-37-20;
(b) the duration of the prohibition to return; and
(c) the procedure by which the person may appeal the warning notice to the board of the transit authority.
(3)(4) TheTo appeal a warning notice of trespass, a person receiving the warning notice of trespass wishing to appeal the notice must submit a request for a hearing to the board of the transit authority within five business days of receiving the warning notice. The board of the transit authority must then provide a hearing within ten business days of the request for an appeal.
(5) A person who enters without legal cause or good excuse, after having been warned not to do so by the transit director, the transit director's designee, the transit supervisor, or the transit supervisor's designee, during the duration of time the person is prohibited from entering the transportation facility, including any public transportation and any public transportation system, is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or be imprisoned not more than thirty days.
Amend the bill further, SECTION 1, by striking Section 16-11-635(B) and inserting:
(B) A violation of the provisions of this section is triable in the appropriate municipal or magistrates court with jurisdiction over the offense. Any law enforcement officer of this State or a subdivision of this State may enforce the provisions of this section within their respective jurisdictions.Renumber sections to conform.
Amend title to conform.