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ENGROSSED SENATE AMENDMENT S
TO
ENGROSSED HOUSE
BILL NO. 1135 By: Fetgatter of the House
and
Taylor of the Senate
[ crimes and punishments - describing method for
posting with purple paint marks - effective date ]
AUTHOR: Add the following Senate Coauthor: Stephens
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
entire bill and insert
”An Act relating to trespassing; amending 21 O.S.
2011, Section 1835, which relates to the penalty for
trespassing after being forbidden; mo difying
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 OKLAHO MA:
SECTION 1. AMENDATORY 21 O.S. 2011, Section 1835, is
amended to read as follows:
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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 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
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 any such garden, yard, pasture or
field, 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 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) months, or 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 are displayed.
Property that is fenced or not fenced must have such signs placed
conspicuously and at all places where entry to the propert y is
normally expected.
1. This provision shall not apply to:
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a. peace officers as defined in Section 99 of this title ,
b. federal, state or local government employees engaged
in the performance of their duties ,
c. firefighters, emergency medical personne l or public
utility employees engaged in addressing an emergency
that presents an imminent danger to health , safety or
the environment in the performance of their duties , or
d. parties engaged in oil and gas operations, which shall
include, without limitat ion, exploration, drilling,
production and sales activities, under authority of
mineral ownership, an oil and gas ease, seismic
agreement or permit, gas gathering, purchase,
transportation or treating contracts, Corporation
Commission or other lawful autho rity from persons
entitled to give the same ;
2. The provisions of this section shall not prohibit:
a. railroad employees and emergency equipment from
entering such land to restore rail service following
an accident, derailment or natural disaster ,
b. the entrance of utility employees or contractors while
acting in the scope of their employment , or
c. employees or contractors of valid easement or license
holders while acting in the scope of their employment;
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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 surveying in the
performance of their professional services ,
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 for entering and
who, immediately upon entering, seek to conduct
business.
B. Anyone who willfully or maliciously enters any such land of
another and commits or attempts to commit waste, theft or damage
shall be deemed guilty of a misdemeanor, and upon conviction, shall
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 Hundred
Dollars ($500.00), or by both such fine and imprisonment.
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 enter the pecan grove of another
without the prior consent of the owner or occupant thereof to so do
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shall be deemed guilty of trespass an d 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
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 th erein 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
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($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 signs to read as follows: “PROPER TY 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 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 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 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 both
such fine and imprisonment.
SECTION 2. This act shall become effective November 1, 2021. ”
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Passed the Senate the 21st day of April, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 1135 By: Fetgatter of the House
and
Taylor of the Senate
[ crimes and punishments - describing method for
posting with purple paint marks - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
SECTION 3. 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
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; a nd, provided
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further, that anyone who willfully or maliciously enters any such
garden, yard, pasture or field, 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 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 o r not fenced must All
property shall have such signs placed conspicuously and at all
places where entry to the property is normally expected ; or
2. Placing purple paint marks on posts on the property,
provided that the marks are:
a. vertical lines at leas t 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
c. placed at locations that are readily visible to any
person approaching the property and no more than one
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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 trespassin g, 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 strip e 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
thirty (30) days nor more than six (6) months, or by both such fine
and imprisonment.
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D. E. Whoever shall willfully or maliciousl y 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, provi ded 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 t han 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
to the property is normally expected shall be defined as provided
for in subsection A of this section .
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E. F. Notwithstanding the provi sions 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 St ate Capitol Park, 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 o f 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 4. This act shall become effe ctive November 1, 2021.
Passed the House of Representatives the 9th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate