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ENGROSSED SENATE
BILL NO. 839 By: Dahm and Hamilton of the
Senate
and
Roberts (Sean) 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 vacancies 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:
1. Enforce all state laws on Department-owned or Department-
managed lands;
2. Enforce all other laws of this state;
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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 commenc ed
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 addi tion to duties as a game w arden;
and
7. Assist in enforcement of the state fire laws, upon requ est
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 ow ned or leased by the Depar tment upon
a roadway during the hours of darkness without lighted head lamps,
clearance lamps, or other illuminating dev ices. As used in this
paragraph, "roadway" shall include any street or highway in this
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state except an interst ate highway, a limited acc ess highway, a
state trunk highway, or any street or highway within th e 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 illuminating 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 l awful arrest
for any violation of the Oklahoma Wildlife Code
or any rule or regulation promulgated thereto, or
(2) will aid in ascertaini ng whether a violation of
the Oklahoma Wildlife Conservation Code or any
rule or regulation promulgated thereto has bee n
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 perfo rmance of the duties
of the game warden is guilty of a misdemeanor and upon conviction is
punishable by a fine of not l ess than One Hundred Dollars ($100.00)
nor more than Five Hundred Dollars ($500.00).
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E. Any game warden who so licits or accepts any brib e or money
or other thing of value in connection with the performance of duty
as a game warden shall be guilty of a fel ony 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 Corrections
and shall be summarily removed from office.
F. Pursuant to the provisions of subsection B of this section
and the Oklahoma Wildlife 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 effe ctive November 1, 2021.
Passed the Senate the 3rd day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of ___ _______,
2021.
Presiding Officer of the House
of Representatives