SENATE FLOOR VERSION - HB1135 SFLR Page 1
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SENATE FLOOR VERSION
April 5, 2021
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL NO. 1135 By: Fetgatter of the House
and
Taylor of the Senate
An Act relating to trespassing; amending 21 O.S.
2011, Section 1835, which relates to the penalty for
trespassing after being forbidden; modifying
statutory language; providing certain exceptions;
providing for allowances; providing for criminal
offense; providing for penalty; deleting 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 fo llows:
Section 1835. A. Whoever shall willfull y 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 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 this provision shall not apply to
SENATE FLOOR VERSION - HB1135 SFLR Page 2
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
registered land surveyors and registered p rofessional engineers for
the purpose of land su rveying 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 commits or attempts to co mmit waste, theft, or
damage shall be deemed gui lty of a misdemeanor and upon conviction
thereof shall be fined in any sum not less than Fifty Dollars
($50.00) nor more than Five Hundred Dollars ($500.00), or by
confinement in the county jail for not less than thirty (30) days
nor more than six (6) mont hs, or both such fine and imprisonm ent.
For purposes of this section, “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 fen ced or not fenced must have such signs placed
conspicuously and at all places where entry to the property is
normally expected.
1. This provision shall not apply to :
a. peace officers as defined in Section 99 of this title,
b. federal, state or local gove rnment employees engaged
in the performance of their duties,
c. firefighters, emergen cy medical personnel or public
utility employees engaged in addressing an e mergency
that presents an imm inent danger to health, safety or
the environment in the performanc e of their duties, or
SENATE FLOOR VERSION - HB1135 SFLR Page 3
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
d. parties engaged in oil and gas operations, which shall
include, without limitation, exploration, drilling,
production and sales activi ties, under authority of
mineral ownership, an oil and gas ease, seismic
agreement or permit, ga s gathering, purchase,
transportation or treating contracts, Corporation
Commission or other lawful authority from persons
entitled to give the same;
2. The provisions of this section shall not prohibi t:
a. railroad employees and emergency equipment from
entering such land to restor e rail service follow ing
an accident, derailment or natural disaster ,
b. the entrance of utility employees or contractors while
acting in the scope of the ir employment, or
c. employees or contractors of valid easement or license
holders while acting in the scope of thei r employment;
3. The following persons may enter such land of another unless
forbidden to do so, either orally or in writing, by the owner or
lawful occupier thereof:
a. registered land surveyors and registered professional
engineers for the purpose of land surv eying in the
performance of their professional services,
SENATE FLOOR VERSION - HB1135 SFLR Page 4
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
b. persons making a delivery, selling a product or
service, conducting a survey or poll, working on
behalf of a candidate for political office, or
c. persons who have a legitimate reason fo r entering and
who, immediately upon entering, seek to con duct
business.
B. Anyone who willfully or maliciously enters any such land of
another and commits or attempts to commit waste, theft or dama ge
shall be deemed guilty of a misdemeanor, and upon conviction, sh all
be punished by imprisonment in the county jail for a term of not
less than thirty (30) days nor more than six (6) months, by a fine
of not less than Fifty Dollars ($50.00) nor more than Five H undred
Dollars ($500.00), or by both such fine and imprisonm ent.
B. 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 e nter the pecan grove of another
without the prior consent of the owner or occupan t thereof to so do
shall be deemed guilty of trespass and upo n 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 ther ein 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
SENATE FLOOR VERSION - HB1135 SFLR Page 5
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
punished by a fine of not more than Five Hundr ed 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.
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 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 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 co nviction 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) m onths, or by both such fine and
imprisonment. For purposes of this section, “posted” means
exhibiting signs to read as follows: “PROPERTY RESTRICTED”; “POSTED
- KEEP OUT”; “KEEP OUT”; “NO TRESPASSING”; or similar signs which
SENATE FLOOR VERSION - HB1135 SFLR Page 6
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
are displayed. Property that is fenced or not fenced m ust have such
signs placed conspicuously and at all pla ces where entry to the
property is normally expected .
E. F. Notwithstanding the provisions of this section, the
Governor’s Mansion and its grounds and appurtenances shall not be
required to be posted wit h signs warning against trespass. Any
person who shall willfully or maliciously enter the grounds of the
Governor’s Mansion within the State Capitol P ark, as defined in
Section 1811.4 of Title 74 of the Oklahoma Statutes, except at a
place where entry to the property 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 b oth
such fine and imprisonment.
SECTION 2. This act shall become effective Novembe r 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
April 5, 2021 - DO PASS AS AMENDED