Oklahoma 2022 Regular Session

Oklahoma House Bill HB1135 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	An Act
2		-	ENROLLED HOUSE
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	3	+	ENGR. S. A. TO ENGR. H. B. NO. 1135 Page 1 1
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	28	+	ENGROSSED SENATE AMENDMENT S
	29	+	TO
	30	+	ENGROSSED HOUSE
3	31		BILL NO. 1135 By: Fetgatter of the House
4	32
5	33		and
6	34
7		-	Taylor and Stephens of the
8		-	Senate
	35	+	Taylor of the Senate
9	36
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13		-	An Act relating to trespassing; amending 21 O.S.
	40	+	[ crimes and punishments - describing method for
	41	+	posting with purple paint marks - effective date ]
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	43	+
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	45	+
	46	+	AUTHOR: Add the following Senate Coauthor: Stephens
	47	+
	48	+
	49	+
	50	+	AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
	51	+	entire bill and insert
	52	+
	53	+
	54	+	”An Act relating to trespassing; amending 21 O.S.
14	55		2011, Section 1835, which relates to the penalty for
15	56		trespassing after being forbidden; mo difying
16	57		statutory language; providing certain exceptions;
17	58		providing for allowances; providing for criminal
18	59		offense; providing for penalty; deleting certain
19	60		definition; and providing an effective date.
20	61
21	62
22	63
23	64
24		-	SUBJECT: Trespassing
25	65
26	66		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHO MA:
27		-
28	67		SECTION 1. AMENDATORY 21 O.S. 2011, Section 1835, is
29	68		amended to read as follows:
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31	95		Section 1835. A. Whoever shall willfully or maliciously enter
32	96		the garden, yard, pasture or field of another after being expressly
33	97		forbidden to do so or without permission by the owner or lawful
34	98		occupant thereof when such property is posted shall be deemed guilty
35	99		of trespass and upon conviction thereof shall be fined in any sum
36	100		punished by a fine of not to exceed more than Two Hundred Fifty
37	101		Dollars ($250.00); provided, that this provision shall not apply to
38	102		registered land surveyors and registered professional engineers for
39	103		the purpose of land surveying in the performance of their
40	104		professional services; and, provided further, that anyone who
41	105		willfully or maliciously enters any such garden, yard, pasture or
42	106		field, and therein commits or attempts to commit waste, theft , or
43	107		damage shall be deemed guilty of a misdemeanor and upon conviction
44	108		thereof shall be fined in any sum not less than Fifty Dollars
45		-	($50.00) nor more than Five Hundred Dollars ($500.00), or by ~~ENR. H. B. NO. 1135 Page 2~~
	109	+	($50.00) nor more than Five Hundred Dollars ($500.00), or by
46	110		confinement in the county jail for not less than thirty (30) days
47	111		nor more than six (6) months, or both such fine and imprisonment.
48		-
49	112		For purposes of this section, “posted” means exhibiting signs to
50	113		read as follows: “PROPERTY RESTRICTED”; “POSTED - KEEP OUT”; “KEEP
51	114		OUT”; “NO TRESPASSING”; or similar signs which are displayed.
52	115		Property that is fenced or not fenced must have such signs placed
53	116		conspicuously and at all places where entry to the propert y is
54	117		normally expected.
55		-
56	118		1. This provision shall not apply to:
57	119
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58	145		a. peace officers as defined in Section 99 of this title ,
59		-
60	146		b. federal, state or local government employees engaged
61	147		in the performance of their duties ,
62		-
63	148		c. firefighters, emergency medical personne l or public
64	149		utility employees engaged in addressing an emergency
65	150		that presents an imminent danger to health , safety or
66	151		the environment in the performance of their duties , or
67		-
68	152		d. parties engaged in oil and gas operations, which shall
69	153		include, without limitat ion, exploration, drilling,
70	154		production and sales activities, under authority of
71		-	mineral ownership, an oil and gas ~~lease~~, seismic
	155	+	mineral ownership, an oil and gas ease, seismic
72	156		agreement or permit, gas gathering, purchase,
73	157		transportation or treating contracts, Corporation
74	158		Commission or other lawful autho rity from persons
75	159		entitled to give the same ;
76		-
77	160		2. The provisions of this section shall not prohibit:
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79	161		a. railroad employees and emergency equipment from
80	162		entering such land to restore rail service following
81	163		an accident, derailment or natural disaster ,
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83	164		b. the entrance of utility employees or contractors while
84	165		acting in the scope of their employment , or
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86	166		c. employees or contractors of valid easement or license
87	167		holders while acting in the scope of their employment;
88		-	ENR. H. B. NO. 1135 Page 3
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89	194		3. The following persons may enter such land of another unless
90	195		forbidden to do so, either orally or in writing, by the owner or
91	196		lawful occupier thereof:
92		-
93	197		a. registered land surveyors and registered professional
94	198		engineers for the purpose of land surveying in the
95	199		performance of their professional services ,
96		-
97	200		b. persons making a delivery, selling a product or
98	201		service, conducting a survey or poll, working on
99	202		behalf of a candidate for political office, or
100		-
101	203		c. persons who have a legitimate reason for entering and
102	204		who, immediately upon entering, seek to conduct
103	205		business.
104		-
105	206		B. Anyone who willfully or maliciously enters any such land of
106	207		another and commits or attempts to commit waste, theft or damage
107		-	shall be deemed guilty of a misdemeanor and upon conviction shall be
108		-	punished by imprisonme nt in the county jail for a term of not less
109		-	than thirty (30) days nor more than six (6) months, by a fine of not
110		-	less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars
111		-	($500.00), or by both such fine and imprisonment.
112		-
	208	+	shall be deemed guilty of a misdemeanor, and upon conviction, shall
	209	+	be punished by imprisonment in the county jail for a term of not
	210	+	less than thirty (30) days nor more than six (6) months, by a fine
	211	+	of not less than Fifty Dollars ($50.00) nor more than Five Hundred
	212	+	Dollars ($500.00), or by both such fine and imprisonment.
113	213		B. C. No provisions of this act section shall be construed to
114	214		conflict with Section 5 -202 or 6-304 of Title 29 of the Oklahoma
115	215		Statutes.
	216	+	C. D. Whoever shall willfully enter the pecan grove of another
	217	+	without the prior consent of the owner or occupant thereof to so do
116	218
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	244	+	shall be deemed guilty of trespass an d upon conviction thereof shall
	245	+	be fined in any sum punished by a fine of not to exceed more than
	246	+	Twenty-five Dollars ($25.00); provided, that anyone who willfully
	247	+	enters any such pecan grove and therein commits or attempts to
	248	+	commit waste, theft, or damage shall be deemed guilty of a
	249	+	misdemeanor and upon conviction thereof shall be fined in any sum
	250	+	punished by a fine of not more than Five Hundred Dollars ($500.00),
	251	+	or by confinement imprisonment in the county jail for not less than
	252	+	thirty (30) days nor more than six (6) months, or by both such fine
	253	+	and imprisonment.
	254	+	D. E. Whoever shall willfully or maliciously enter upon
	255	+	property owned or managed by the Grand River Dam Authority without
	256	+	permission when such property is posted shall be deemed guilty of
	257	+	misdemeanor trespass and upon conviction thereof shall be fined in
	258	+	any sum punished by a fine of not to exceed more than Two Hundred
	259	+	Fifty Dollars ($250.00); provided, that this provision shall not
	260	+	apply to registered land surveyors and registered professional
	261	+	engineers for the purpose of land surveying in the performance of
	262	+	their professional services; and, provided further, that anyone who
	263	+	willfully or maliciously enters upon property owned or managed by
	264	+	the Grand River Dam Authority without permission and th erein commits
	265	+	or attempts to commit waste, theft , or damage shall be deemed guilty
	266	+	of misdemeanor trespass, and upon conviction thereof shall be fined
	267	+	in any sum punished by a fine of not less than Fifty Dollars
	268	+
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	294	+	($50.00) nor more than Five Hundred Dollars ($500.00), or by
	295	+	confinement imprisonment in the county jail for not less than thirty
	296	+	(30) days nor more than six (6) months, or by both such fine and
	297	+	imprisonment. For purposes of this section, “posted” means
	298	+	exhibiting signs to read as follows: “PROPER TY RESTRICTED”; “POSTED
	299	+	- KEEP OUT”; “KEEP OUT”; “NO TRESPASSING”; or similar signs which
	300	+	are displayed. Property that is fenced or not fenced must have such
	301	+	signs placed conspicuously and at all places where entry to the
	302	+	property is normally expected.
	303	+	E. F. Notwithstanding the provisions of this section, the
	304	+	Governor’s Mansion and its grounds and appurtenances shall not be
	305	+	required to be posted with signs warning against trespass. Any
	306	+	person who shall willfully or maliciously enter the grounds of the
	307	+	Governor’s Mansion within the State Capitol Park, as defined in
	308	+	Section 1811.4 of Title 74 of the Oklahoma Statutes, except at a
	309	+	place where entry to the property is normally expected shall be
	310	+	deemed guilty of a misdemeanor and upon conviction shall be fined in
	311	+	a sum punished by a fine of not more than Five Hundred Dollars
	312	+	($500.00), or by confinement imprisonment in the county jail for not
	313	+	less than thirty (30) days nor more than six (6) months, or by both
	314	+	such fine and imprisonment.
	315	+	SECTION 2. This act shall become effective November 1, 2021. ”
	316	+
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	342	+
	343	+	Passed the Senate the 21st day of April, 2021.
	344	+
	345	+
	346	+
	347	+	Presiding Officer of the Senate
	348	+
	349	+
	350	+	Passed the House of Representatives the ____ day of __________,
	351	+	2021.
	352	+
	353	+
	354	+
	355	+	Presiding Officer of the House
	356	+	of Representatives
	357	+
	358	+	ENGR. H. B. NO. 1135 Page 1 1
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	383	+	ENGROSSED HOUSE
	384	+	BILL NO. 1135 By: Fetgatter of the House
	385	+
	386	+	and
	387	+
	388	+	Taylor of the Senate
	389	+
	390	+
	391	+
	392	+
	393	+
	394	+
	395	+	[ crimes and punishments - describing method for
	396	+	posting with purple paint marks - effective date ]
	397	+
	398	+
	399	+
	400	+
	401	+
	402	+
	403	+	BE IT ENACTED BY THE PEOPLE OF THE STA TE OF OKLAHOMA:
	404	+	SECTION 3. AMENDATORY 21 O.S. 2011, Section 1835, is
	405	+	amended to read as follows:
	406	+	Section 1835. A. Whoever shall willfully or maliciously enter
	407	+	the garden, yard, pasture or field of another after being expressly
	408	+	forbidden to do so or without permission by the owner or lawful
	409	+	occupant thereof when such property is posted , as defined by this
	410	+	subsection, shall be deemed guilty of trespass and upon conviction
	411	+	thereof shall be fined in any sum punished by a fine of not to
	412	+	exceed more than Two Hundred Fifty Dollars ($250.00); provided, that
	413	+	this provision shall not apply to registered land surveyors and
	414	+	registered professional engineers for the purpose of land surveying
	415	+	in the performance of their professional services; a nd, provided
	416	+
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	442	+	further, that anyone who willfully or maliciously enters any such
	443	+	garden, yard, pasture or field, and therein commits or attempts to
	444	+	commit waste, theft, or damage shall be deemed guilty of a
	445	+	misdemeanor and upon conviction thereof shall be fined in any sum
	446	+	punished by a fine of not less than Fifty Dollars ($50.00) nor more
	447	+	than Five Hundred Dollars ($500.00), or by confinement imprisonment
	448	+	in the county jail for not less than thirty (30) days nor more than
	449	+	six (6) months, or by both such fine and imprisonment. For purposes
	450	+	of this section, "posted" means exhibiting:
	451	+	1. Exhibiting signs to read as follows: "PROPERTY RESTRICTED";
	452	+	"POSTED - KEEP OUT"; "KEEP OUT"; "NO TRESPASSING"; or similar signs
	453	+	which are displayed. Property that is fenced o r not fenced must All
	454	+	property shall have such signs placed conspicuously and at all
	455	+	places where entry to the property is normally expected ; or
	456	+	2. Placing purple paint marks on posts on the property,
	457	+	provided that the marks are:
	458	+	a. vertical lines at leas t one (1) inch in width and at
	459	+	least eight (8) inches in length,
	460	+	b. placed so that the bottom of the mark is not less than
	461	+	three (3) feet from the ground or more than five (5)
	462	+	feet from the ground, and
	463	+	c. placed at locations that are readily visible to any
	464	+	person approaching the property and no more than one
	465	+
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	491	+	thousand (1,000) feet apart on land other than forest,
	492	+	and one hundred (100) feet apart on forest land .
	493	+	B. Beginning November 1, 2021, when a landowner uses the purple
	494	+	posting to indicate no trespassin g, such marks shall be accompanied
	495	+	by signs placed conspicuously and at all places where entry to the
	496	+	property is normally expected explaining that the purple stripe
	497	+	means no trespassing, property restricted, or similar explanation of
	498	+	what the purple strip e indicates. On and after November 1, 2022, no
	499	+	sign shall be required to explain the purple posting.
	500	+	C. No provisions of this act section shall be construed to
	501	+	conflict with Section 5 -202 or 6-304 of Title 29 of the Oklahoma
	502	+	Statutes.
117	503		C. D. Whoever shall willfully enter the pecan grove of another
118	504		without the prior consent of the owner or occupant thereof to so do
119	505		shall be deemed guilty of trespass and upon conviction thereof shall
120	506		be fined in any sum punished by a fine of not to exceed more than
121	507		Twenty-five Dollars ($25.00); provided, that anyone who willfully
122	508		enters any such pecan grove and therein commits or attempts to
123	509		commit waste, theft, or damage shall be deemed guilty of a
124	510		misdemeanor and upon conviction thereof shall be fined in any sum
125	511		punished by a fine of not more than Five Hundred Dollars ($500.00),
126	512		or by confinement imprisonment in the county jail for not less than
127	513		thirty (30) days nor more than six (6) months, or by both such fine
128	514		and imprisonment.
129	515
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130	541		D. E. Whoever shall willfully or maliciousl y enter upon
131	542		property owned or managed by the Grand River Dam Authority without
132	543		permission when such property is posted shall be deemed guilty of
133		-	misdemeanor trespass and upon conviction thereof shall be fined in ~~ENR. H. B. NO. 1135 Page 4~~
	544	+	misdemeanor trespass and upon conviction thereof shall be fined in
134	545		any sum punished by a fine of not to exceed more than Two Hundred
135	546		Fifty Dollars ($250.00); provided, that this provision shall not
136	547		apply to registered land surveyors and registered professional
137	548		engineers for the purpose of land surveying in the performance of
138	549		their professional services; and, provi ded further, that anyone who
139	550		willfully or maliciously enters upon property owned or managed by
140	551		the Grand River Dam Authority without permission and therein commits
141	552		or attempts to commit waste, theft, or damage shall be deemed guilty
142	553		of misdemeanor trespass , and upon conviction thereof shall be fined
143	554		in any sum punished by a fine of not less than Fifty Dollars
144	555		($50.00) nor more than Five Hundred Dollars ($500.00), or by
145	556		confinement imprisonment in the county jail for not less than thirty
146	557		(30) days nor more t han six (6) months, or by both such fine and
147		-	imprisonment. For purposes of this section, “posted” means
148		-	exhibiting signs to read as follows: “PROPERTY RESTRICTED”; “POSTED
149		-	- KEEP OUT”; “KEEP OUT”; “NO TRESPASSING”; or similar signs which
150		-	are displayed. Property that is fenced or not fenced must have such
151		-	signs placed conspicuously and at all places where entry to the
152		-	property is normally expected.
	558	+	imprisonment. For purposes of this section subsection, "posted"
	559	+	means exhibiting signs to read as follows: "PROPERTY RESTRICTED";
	560	+	"POSTED - KEEP OUT"; "KEEP OUT"; "NO TRESPASSING"; or similar signs
	561	+	which are displayed. Property that is fenced or not fenced must
	562	+	have such signs placed conspicuously and at all places where entry
	563	+	to the property is normally expected shall be defined as provided
	564	+	for in subsection A of this section .
153	565
154		-	E. Notwithstanding the provisions of this section, the
155		-	Governor’s Mansion and its grounds and appurtenances shall not be
156		-	required to be posted with signs warning against trespass. F. Any
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	591	+	E. F. Notwithstanding the provi sions of this section, the
	592	+	Governor's Mansion and its grounds and appurtenances shall not be
	593	+	required to be posted with signs warning against trespass. Any
157	594		person who shall willfully or maliciously enter the grounds of the
158		-	Governor’s Mansion within the ~~State~~ Capitol Park, as defined in
	595	+	Governor's Mansion within the St ate Capitol Park, as defined in
159	596		Section 1811.4 of Title 74 of the Oklahoma Statutes, except at a
160		-	place where entry to the property is normally expected , shall be
	597	+	place where entry to the property is normally expected shall be
161	598		deemed guilty of a misdemeanor and upon conviction shall be fined in
162	599		a sum punished by a fine o f not more than Five Hundred Dollars
163	600		($500.00), or by confinement imprisonment in the county jail for not
164	601		less than thirty (30) days nor more than six (6) months, or by both
165	602		such fine and imprisonment.
	603	+	SECTION 4. This act shall become effe ctive November 1, 2021.
	604	+	Passed the House of Representatives the 9th day of March, 2021.
166	605
167		-	SECTION 2. This act shall become effective November 1, 2021. ENR. H. B. NO. 1135 Page 5
168		-	Passed the House of Representatives the 4th day of May, 2021.
169	606
170	607
171	608
172	609		Presiding Officer of the House
173	610		of Representatives
174	611
175	612
176		-	Passed the Senate the 21st day of April, 2021.
	613	+	Passed the Senate the ___ day of __________, 2021.
	614	+
177	615
178	616
179	617
180	618		Presiding Officer of the Senate
181	619
182	620
183	621
184		-	OFFICE OF THE GOVERNOR
185		-	Received by the Office of the Governor this ____________________
186		-	day of ___________________, 20_______, at _______ o'clock _______ M.
187		-	By: _________________________________
188		-	Approved by the Govern or of the State of Oklahoma this _________
189		-	day of ___________________, 20_______, at _______ o'clock _______ M.
190		-
191		-
192		-	_________________________________
193		-	Governor of the State of Oklahoma
194		-
195		-	OFFICE OF THE SECRETARY OF STATE
196		-	Received by the Office of the Secretar y of State this __________
197		-	day of ___________________, 20_______, at _______ o'clock _______ M.
198		-	By: _________________________________