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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 839 By: Dahm, Hamilton and Jett of
the Senate
and
Roberts (Sean) and McDugle
of the House
An Act relating to game wardens; amending 29 O.S.
2011, Section 3-201, which relates to authority of
game wardens; prohibiting cameras on private property
without permission; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 29 O.S. 2011, Section 3-201, is
amended to read as follows:
Section 3-201. A. All things being equal, veterans of World
War II, the Korean, the Vietnam and Persian Gulf Wars shall be
appointed as game wardens when vacancie s occur.
B. All persons appointed game wardens shall be peace officers
and have the full powers of peace officers of the State of Oklahoma
in the enforcement of the provisions of this Code and are authorized
to:
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1. Enforce all state laws on Department -owned or Department-
managed lands;
2. Enforce all other laws of this state;
3. Make arrests for wildlife conservation violations and
nonconservation-related crimes with the same power and authority as
sheriffs are vested with and in cooperation with other law
enforcement officers and agencies;
4. Take into possession any and all protected wildlife, or any
part thereof, killed, taken, shipped or in any possession contrary
to the law, and the wildlife or parts thereof may be disposed of as
determined by the Director or any court of competent jurisdiction;
5. Make a complaint and cause proceedings to be commenced
against any person for violation of any of the laws for the
protection and propagation of wildlife, with the sanction of the
prosecuting or district attorney of the county in which the
proceedings are brought, and shall not be required to give security
for costs;
6. Be an authorized agent of the Commission or Department under
Section 3-202 of this title in addition to duties as a game warden;
and
7. Assist in enforcement of the state fire laws, upon request
of the Oklahoma Department of Agriculture, Food, and Forestry.
C. 1. Pursuant to the provisions of this subsection, a game
warden may operate a vehicle owned or leased by the Department upon
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a roadway during the hours of darkness without lighted headlamps,
clearance lamps, or other illuminating devices. As used in this
paragraph, "roadway" shall include any street or highway in this
state except an interstate highway, a limited access highway, a
state trunk highway, or any street or highway within the limits of
an incorporated area.
2. Pursuant to the provisions of this subsection, a game warden
may operate a vessel upon any waters of this state during the hours
of darkness without the illuminat ing devices required by Section
4207 of Title 63 of the Oklahoma Statutes.
3. A game warden may operate a vehicle or vessel without the
illuminating devices specified in this subsection only if the
operation:
a. is made in the performance of the duties of the game
warden pursuant to the provisions of the Code, and
b. (1) will aid in the accomplishment of a lawful arrest
for any violation of the Oklahoma Wildlife Code
or any rule or regulation promulgated thereto, or
(2) will aid in ascertaining whether a v iolation of
the Oklahoma Wildlife Conservation Code or any
rule or regulation promulgated thereto has been
or is about to be committed.
D. Any person who refuses to stop a vehicle or boat when
requested to do so by a game warden in the performance of the duties
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of the game warden is guilty of a misdemeanor and upon conviction is
punishable by a fine of not less than One Hundred Dollars ($100.00)
nor more than Five Hundred Dollars ($500.00).
E. Any game warden who solicits or accepts any bribe or money
or other thing of value in connection with the performance of duty
as a game warden shall be guilty of a felony and, upon conviction,
shall be sentenced to a term not less than two (2) years nor more
than seven (7) years in the custody of the Department of Co rrections
and shall be summarily removed from office.
F. Pursuant to the provisions of subsection B of this section
and the Oklahoma Wildlif e Conservation Code, a game warden shall not
have authority to use or place a game or wildlife camera on private
property without the permission of the owner or controller of the
property or pursuant to a warrant issued by a court of competent
jurisdiction.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON WILDLIFE, dated 04/08/2021 - DO
PASS, As Coauthored.