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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1560 By: Standridge
AS INTRODUCED
An Act relating to municipalities; providing certain
definitions; describing elements of an offense;
providing evidence of intent; requiring consent for
certain land use; declaring certain exception;
declaring certain off ense to be a misdemeanor;
allowing peace officers to issue citation after
certain efforts; providing certain exceptio n;
providing procedure for handling personal prope rty;
prohibiting certain fee; prohibiting municipalities
from designating property for certain pur poses under
certain conditions; providing procedure for
designations; defining terms; prohibiting
municipalities from adopting certain policies;
prohibiting municipalities from discouraging peace
officers or attorneys from enforcing public camping
bans; providing exception; authorizing Attorney
General to bring certain action; denying certain
funds for certain entities; allowing certain property
to apply for approval; providing for codification;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
SECTION 1. NEW LAW A n ew section of law to be codif ied
in the Oklahoma Statutes as Section 57-101 of Title 11, unless there
is created a duplication in numb ering, reads as follows:
A. As used in this section:
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1. “Camp” means to reside temporarily in a place, with shelter ;
and
2. “Shelter” includes a tent, tarpaulin, lean-to, sleeping bag,
bedroll, blankets, or any form of temporary, semipermanent, or
permanent shelter, other than clothing or any handheld device,
designed to protect a person from weather conditions that threat en
personal health and safety .
B. A person commits an offense if the person intentionally or
knowingly camps in a public place without the effective consent of
the officer or agency having the legal duty or author ity to manage
the public place.
C. The actor’s intent or knowledge may be established through
evidence of activities associated with sustaining a living
accommodation that are conducted in a public place including:
1. Cooking;
2. Making a fire;
3. Storing personal belongings for an extended period;
4. Digging; or
5. Sleeping.
D. Consent given by an officer or agency of a political
subdivision is not effective for purposes of subsection B of this
section, unless given to authorize the person to camp for:
1. Recreational purposes;
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2. Purposes of sheltering homeless indi viduals, if the prope rty
on which the camping occurs is subject to a plan approved under the
laws of this state, and the camping occurs in a manner that complies
with the plan; or
3. Purposes related to providing emergency she lter during a
disaster declared under the laws of this state.
E. An offense committed under this section shall be a
misdemeanor.
F. This section does not preempt an ordinance, order, rule, or
other regulation adopted by a state agency or political subdivision
relating to prohibiting camping in a public place or affect the
authority of a state agency or political subdivision to adopt or
enforce an ordinance, order, rule, or other regulation relating to
prohibiting camping in a public place if the ordinance , order, rule,
or other regulation:
1. Is compatible with and equal to or more stringent than the
offense prescribed by this section; or
2. Relates to an issue not specifically addressed by this
section.
G. Except as provided by subsection H of this section, before
or at the time a peace officer issues a citation to a person for an
offense under this section, the peace officer must make a reasonable
effort to:
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1. Advise the person of an alternative place at whi ch the
person may lawfully camp; and
2. Contact, if reasonable and appr opriate, an appropriate
official of the political subdivision in which the public place is
located, or an appropriate nonprofit organization operating within
that political subdivision , and request the official or organization
to provide the person with:
a. information regarding the prevention of human
trafficking, or
b. any other services that would reduce the likelihood of
the person suspected of committing th e offense
continuing to camp in the public place.
H. Subsection G of this section does not apply if the peace
officer determines there is an imminent threat to the health or
safety of any person to the extent that compliance with that
subsection is impracticable.
I. If the person is arrested or detained solely for an offense
under this section, a pe ace officer enforcing this section shall
ensure that the person’s personal property not designated as
contraband under other law is preserved by:
1. Permitting the person to remove all t he property from the
public place at the time of the person’s departure; or
2. Taking custody of the property and allowing the person to
retrieve the property after the person is rel eased from custody.
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J. A fee may not be charged for the storage or relea se of
property pursuant to paragraph 2 of subsection I of this section.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 57-102 of Title 11, unless there
is created a duplication in numb ering, reads as follows:
A. A political subdivision may not designate a property to be
used by homeless individuals to camp unless the local housing
authority with authorized jurisdiction approves a plan described by
subsection C of this s ection.
B. Not later than thirty (30) days after the date the local
housing authority wi th appropriate jurisd iction receives a plan
submitted by a political su bdivision under this section, the
authority shall make a final determination regarding approval of the
plan.
C. A plan submitted for approval under this section shall
describe each of the following with re spect to a proposed property:
1. The availability of local health care for proposed new
campers, including access to Medicaid services and mental health
services;
2. The availability of indigent services for proposed new
campers;
3. The availability of reasonably affordable public
transportation for proposed new campers;
4. Local law enforcement resources in the area; and
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5. The steps the applicant has taken to coordina te with the
local mental health au thority to provide for any proposed new
campers.
D. An applicant shall respond to reasonable requests for
additional information made by the authority regarding the proposed
property or plan.
E. The local housing authority having appropriate jurisdiction
may not approve a plan descr ibed by subsection C of this section if
the authority determines that a property proposed under the plan is
a public park.
F. In this section:
1. “Camp” has the meaning assigned by Section 1 of this act;
and
2. “Proposed new campers” means homeless individuals the
applicant intends to allow to camp at the property.
SECTION 3. NEW LAW A new sect ion of law to be codified
in the Oklahoma Statutes as Section 57-103 of Title 11, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Local entity” means:
a. the governing body of a mu nicipality or county,
b. an officer or employee of or a division, department,
or other body that is pa rt of a municipality or
county, including a sheriff, mu nicipal police
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department, municipal attorney, or county attorney,
and
c. a district attorney;
2. “Policy” includes a formal, written rule, ordinance, order,
or policy and an informal, u nwritten policy; and
3. “Public camping ban” means a law, rule, ordina nce, order, or
other regulation that prohibits camping in a public place.
B. A local entity may not adopt or enforce a policy under which
the entity prohibits or discourages the enforcement of a ny public
camping ban.
C. In compliance with subsection A of this section, a local
entity may not prohibit or discourage a peace officer or prosecutin g
attorney who is employed by or otherwise under the direction or
control of the entity from enforcing a public camping ban.
D. This section does not prohibit a poli cy that encourages
diversion or a provision of services in lieu of citation or a rrest.
E. The Attorney General may bring an action in a district court
in the county in which the principal office of the entity is located
to enjoin a violation of this section.
F. A local entity may not receive state grant funds, and state
grant funds for the local entity shall be denied, for the state
fiscal year following the year in which a final judicial
determination in an action brought under subsection E of this
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section is made that the entity has intentionally violated
subsection B of this section.
G. A local entity that has not violated subsection B of this
section may not be denied state grant funds, regardl ess of whether
the entity is a part of another entity tha t is in violation of t hat
subsection.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sectio n 57-104 of Title 11, unless there
is created a duplication in numbering, reads as follows:
A political subdivision that design ated a property to be used by
homeless individuals to camp before the effective date of this act
may apply on or after that date for approval of a plan as provided
by this act.
SECTION 5. This act shall become effective July 1, 2022.
SECTION 6. It being immediately necessary for the pre servation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
58-2-2297 KR 1/20/2022 10:53:31 AM