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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1135 By: Fetgatter
AS INTRODUCED
An Act relating to c rimes and punishments; amending
21 O.S. 2011, Section 1835 , which relates to trespass
without permission; expanding scope of certain
definition; describing method for posting with purple
paint marks; specifying requirements for posting;
requiring specific signage until certain date;
clarifying construing provision; updating pe nalty
provisions; modifying certain definition; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 21 O.S. 2011, Section 1835, is
amended to read as follows:
Section 1835. A. Whoever shall willfully or maliciously enter
the garden, yard, pasture or field of another after being expressly
forbidden to do so or without permission by the owner or lawful
occupant thereof when such property is posted , as defined by this
subsection, shall be deemed guilty of trespass and upon conviction
thereof shall be fined in any sum punished by a fine of not to
exceed more than Two Hundred Fifty Dollars ($250.00); provided, that
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this provision shall not apply to registered land sur veyors and
registered professional engineers for the purpose of land surveying
in the performance of their professional services; and, provided
further, that anyone who willfully or maliciously enters any such
garden, yard, pasture or field, and therein co mmits or attempts to
commit waste, theft, or damage shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined in any sum
punished by a fine of not less than Fifty Dollars ($50.00) nor more
than Five Hundred Dollars ($500.00), or by confinement imprisonment
in the county jail for not less than thirty (30) days nor more than
six (6) months, or by both such fine and imprisonment. For purposes
of this section, "posted" means exhibiting:
1. Exhibiting signs to read as follows: "PROPERTY RESTRICTED";
"POSTED - KEEP OUT"; "KEEP OUT"; "NO TRESPASSING"; or similar signs
which are displayed. Property that is fenced or not fenced must All
property shall have such signs placed conspicuously and at all
places where entry to the property is no rmally expected; or
2. Placing purple paint marks on posts on the property,
provided that the marks are:
a. vertical lines at least one (1) inch in width and at
least eight (8) inches in length,
b. placed so that the bottom of the mark is not less than
three (3) feet from the ground or more than five (5)
feet from the ground, and
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c. placed at locations that are readily visible to any
person approaching the property and no more than one
thousand (1,000) feet apart on land other than forest,
and one hundred (100) feet apart on forest land .
B. Beginning November 1, 2021, when a landowner uses the purple
posting to indicate no trespassing, such marks shall be accompanied
by signs placed conspicuously and at all places where entry to the
property is normally expected explaining that the purple stripe
means no trespassing, property restricted, or similar explanation of
what the purple stripe indicates. On and after November 1, 2022, no
sign shall be required to explain the purple posting.
C. No provisions of this act section shall be construed to
conflict with Section 5 -202 or 6-304 of Title 29 of the Oklahoma
Statutes.
C. D. Whoever shall willfully enter the pecan grove of another
without the prior consent of the owner or occupant thereof to so do
shall be deemed guilty of trespass and upon conviction thereof shall
be fined in any sum punished by a fine of not to exceed more than
Twenty-five Dollars ($25.00); provided, that anyone who willfully
enters any such pecan grove and therein commits or attempts to
commit waste, theft, or damage shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be fined in any sum
punished by a fine of not more than Five Hundred Dollars ($500.00),
or by confinement imprisonment in the county jail for not less than
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thirty (30) days nor more than six (6) months, or by both such fine
and imprisonment.
D. E. Whoever shall willfully or maliciously enter upon
property owned or managed by the Grand River Dam Authority without
permission when such property is posted shall be deemed guilty of
misdemeanor trespass and upon conviction thereof shall be fined in
any sum punished by a fine of not to exceed more than Two Hundred
Fifty Dollars ($250.00); provided, that this provision shall not
apply to registered land surveyors an d registered professional
engineers for the purpose of land surveying in the performance of
their professional services; and, provided further, that anyone who
willfully or maliciously enters upon property owned or managed by
the Grand River Dam Authority without permission and therein commits
or attempts to commit waste, theft, or damage shall be deemed guilty
of misdemeanor trespass, and upon conviction thereof shall be fined
in any sum punished by a fine of not less than Fifty Dollars
($50.00) nor more than Five Hundred Dollars ($500.00), or by
confinement imprisonment in the county jail for not less than thirty
(30) days nor more than six (6) months, or by both such fine and
imprisonment. For purposes of this section subsection, "posted"
means exhibiting signs to read as follows: "PROPERTY RESTRICTED";
"POSTED - KEEP OUT"; "KEEP OUT"; "NO TRESPASSING"; or similar signs
which are displayed. Property that is fenced or not fenced must
have such signs placed conspicuously and at all places where entry
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to the property is normally expected shall be defined as provided
for in subsection A of this section .
E. F. Notwithstanding the provisions of this section, the
Governor's Mansion and its grounds and appurtenances shall not be
required to be posted with signs warning against trespass. Any
person who shall willfully or maliciously enter the grounds of the
Governor's Mansion within the State Capitol Park, as defined in
Section 1811.4 of Title 74 of the Oklahoma Statutes, except at a
place where entry to the pro perty is normally expected shall be
deemed guilty of a misdemeanor and upon conviction shall be fined in
a sum punished by a fine of not more than Five Hundred Dollars
($500.00), or by confinement imprisonment in the county jail for not
less than thirty (30) days nor more than six (6) months, or by both
such fine and imprisonment.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT,
dated 02/23/2021 - DO PASS.