SENATE AMENDMENT

    Bill No. CS for SB 874

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Dudley moved the following amendment:

12

13         Senate Amendment 

14         On page 18, line 23, delete that line

15

16  and insert:

17         (4)  "Child Trespasser" means a child 12 years of age

18  or younger who enters real property without either an express

19  or implied invitation.

20         (b)  To avoid liability to a child trespasser, in

21  situations where the attractive nuisance doctrine would not

22  otherwise apply, a person or organization owning or

23  controlling an interest in real property must refrain from

24  gross negligence or intentional misconduct and must warn the

25  child trespasser of dangerous conditions known to the person

26  or organization controlling an interest in real property, but

27  which are not readily observable to others. To avoid liability

28  to undiscovered trespassers, a

29

30

31

                                  1
    12:59 PM   04/08/98                             s0874c1b-25j08