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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 964 By: Bergstrom
AS INTRODUCED
An Act relating to property rights; amendi ng 21 O.S.
2011, Sections 1835 and 1835.2 , as last amended by
Section 1, Chapter 185, O.S.L. 2018 (21 O.S. Supp.
2020, Section 1835.2), whic h relate to trespass on
private property; authorizing certain officers or
employees to enter land under specified
circumstances; modifying certain exceptions; amending
22 O.S. 2011, Section 1221, as amended b y Section 1,
Chapter 75, O.S.L. 2014 (22 O.S. Supp. 2020, Section
1221), which relates to search w arrants; modifying
definition; updating statutory reference; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
SECTION 1. 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 fie ld of another after being exp ressly
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
not to exceed Two Hun dred Fifty Dollars ($250.00); provided, that
this provision shall not apply to registered land surveyors and
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registered professional engin eers for the purpose of land surveying
in the performance of their professional services; and, provided
further, that anyone who willfully or malic iously 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 s ix (6) months, or both such
fine and imprisonment. For purposes of this section, “posted” means
exhibiting signs to read as fol lows: “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 en try to the
property is normally expected.
B. No provisions of this act section shall conflict with
Section 5-202 or 6-304 of Title 29 of the Oklaho ma Statutes.
C. Whoever shall willfully enter the pecan grove of another
without the prior consent of the o wner or occupant thereof to so do
shall be deemed guilty of trespass and up on conviction thereof shall
be fined in any sum not to exceed Twenty -five Dollars ($25.00);
provided, that anyone who willfully enters any such pecan grove and
therein commits or at tempts to commit waste, theft , or damage shall
be deemed guilty of a misdem eanor and upon conviction thereof shall
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be fined in any sum not 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 by both s uch fine and imprisonment.
D. 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 mis demeanor
trespass and upon conviction t hereof shall be fined in any sum not
to exceed 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 l and surveying
in the performance of the ir professional services; and, provi ded
further, that anyone who willfully or maliciously enters upon
property owned or managed b y the Grand River Dam Authority without
permission and therein commits or attempts to co mmit waste, theft,
or damage shall be d eemed guilty of misdemeanor trespass , and upon
conviction thereof shall be fined in any sum not less than Fif ty
Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by
confinement in the county jail for n ot less than thirty (30) days
nor more than six (6) months, or both such fi ne 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
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conspicuously and at all places where entry t o the property is
normally expected.
E. Notwithstanding the provisions of this section, the
Governor’s Mansion and its grounds and appurtenances s hall not be
required to be posted wi th signs warning against trespass. Any
person who shall willfully or mal iciously enter the g rounds of the
Governor’s Mansion within the State Capitol Park, as defined in
Section 1811.4 of Title 74 of the Oklahoma Statut es, except at a
place where entry to the property is normally expected shall be
deemed guilty of a misdemeano r and upon convictio n shall be fined in
a sum not 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 by both fine and imprisonment.
F. Notwithstanding the pro visions of this section, a peace
officer as defined by Section 99 of this title or any government
employee may only enter a garden, yard, pasture, field or other land
of another that is posted in acc ordance with this section with the
permission of the prope rty owner, with a search warrant authorizing
search of the property , or to respond to an emergency that pres ents
an immediate threat to life, property or publi c health.
SECTION 2. AMENDATORY 21 O.S. 2011, Section 1835.2 , as
last amended by Section 1, Chapter 185, O.S.L. 2018 (21 O.S . Supp.
2020, Section 1835.2), is amended to read as fo llows:
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Section 1835.2. A. Notwithstanding the pro visions of Section
1835 of this title, the foll owing provisions apply to private land
that is primarily devoted to farming, ranching, or forest ry
purposes:
1. Except as provided in this section, whoever w illfully enters
private land of another that is pri marily devoted to farmi ng,
ranching, or forestry purposes without permission by the su rface
owner, surface lessee, hunting lessee , or lawful occupant thereof
shall be deemed guilty of trespass and, upon co nviction thereof,
shall be fined in any sum not les s than Seven Hundred Fi fty Dollars
($750.00) nor more than Two Thousand Dollars ($2,00 0.00), and in
addition, the court shall order restitution for actual damages
incurred. Persons convicted of a second o r subsequent offense under
this paragraph shall be guilty of a misdemeanor and shall be
punished by a fine in any sum not less than One T housand Five
Hundred Dollars ($1,500.00) nor more than Tw o Thousand Five Hundred
Dollars ($2,500.00), or by confinement in the county jail for not
less than thirty (30) d ays nor more than six ( 6) months, or by both
such fine and imprisonment, and in additi on, the court shall order
restitution for actual damages incurred;
2. The provisions of paragraph 1 of this subsection shall not
apply to peace officers as defined in Se ction 99 of this title or
any federal, state, o r local government employees engaged in the
performance of their duties, or except that peace officers or
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government employees may only enter private land wit h the permission
of the property owner or wi th a search warrant authorizin g the
search of the property. The provisions of paragraph 1 of this
subsection shall not apply to any firefighters, emergency medical
personnel, or public utility employees engaged in addressing an
emergency that presents an imminen t danger to health, saf ety, or the
environment in the performance of their duties, or to parties
engaged in oil and gas operations, which s hall include, without
limitation, exploration, drilling, productio n and sales activities,
under authority of mineral ownership, an oil and g as lease, seismic
agreement or permit, gas gathering, purchase, transportation, or
treating contracts, Corporation C ommission order, or other lawful
authority from persons entitled t o give the same. The provisions of
paragraph 1 of this subsection shall n ot prohibit railroad emp loyees
and emergency equipment from ent ering such land to restore rail
service following an accident, derailment or natural disaster; nor
the entrance of util ity employees or contractors while acting in the
scope of their employment ; nor employees or contr actors of valid
easement or license hol ders while acting in the scope of their
employment;
3. The following persons may enter such land of another unless
forbidden to do so, either orally or in writing, by th e owner or
lawful occupier thereof: registered land surveyors and registered
professional engineers for the purpose of land surveying in th e
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performance of their professional services, persons making a
delivery, selling a product or service, conducting a s urvey or poll,
working on behalf of a candidate for political office, or who
otherwise have a legitimate reason for entering and who, immed iately
upon entering, seek to conduct such business; and
4. Anyone who willfully or maliciously enters any such land of
another 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 not less than One Thousand Dollars
($1,000.00), or by confinement in the county jail for not less than
thirty (30) days nor more than six (6 ) months, or by both such fine
and imprisonment, and in addition, the court shall order rest itution
for actual damages incurred. Persons convicted of a secon d or
subsequent offense under this paragraph shall be guilty of a
misdemeanor and shall be punishe d by a fine of not less than Two
Thousand Five Hundred Dollars ($2,500.00), or by confinemen t in the
county jail for not less than thirty (30) days nor more t han six (6)
months, or by both such fine and impris onment, and in addition , the
court shall order restitution for actual damages.
B. This section shall not be construed to prohibit acts tha t
are permitted pursuant to Section 5 -202 or 6-304 of Title 29 of the
Oklahoma Statutes.
C. 1. It shall be an affir mative defense to prose cution under
paragraph 1 of subsection A of this section that t he accused had
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express or implied permission or legal authority to be on the
property.
2. If an accused reasonably bel ieved he or she was upon
property for which they ha d permission to be upon , it shall be an
affirmative defense to prosecution under parag raph 1 of subsection A
of this section that the accus ed had with him or her, on his or her
person, written permission f rom the surface owner, surface lessee,
hunting lessee, or lawful occupant to be upon such person ’s land
while the accused was upon any ad joining property. This defense
shall not be availabl e to the accused if:
a. the accused has previously pled guilty, no lo
contendere, or has been convicted of any act of
trespass or has been fo und civilly liable of an y act
of trespass, or
b. the accused, while the accused was upon the adjoining
property, does not have with him or her, on his or her
person, the written perm ission specified in this
paragraph.
SECTION 3. AMENDATORY 22 O.S. 2011, Section 1221, as
amended by Section 1, Chapter 75, O.S.L. 2014 (22 O.S. Supp. 2020,
Section 1221), is amended to read as follows:
Section 1221. A. A search warrant is an order i n writing, in
the name of the state, signed by a magistrate, directed to a pe ace
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officer, commanding him to search f or personal property and bring it
before the magistrate.
B. For purposes of Sections 1221 through 1241 of this title,
the term “personal property” or “property” shall mean items and
information that can be analyzed, seen, weighed, measured, felt or
touched or that are in any oth er manner perceptible to the senses ,
and that are privately owned . Property includes private l and, which
shall mean land that is used or occupied , or fenced, posted with
signs to prevent trespassing at places where entry to the property
is normally expected, or conspicuously marked a s private.
SECTION 4. This act shall become effec tive November 1, 2021.
58-1-86 TEK 1/21/2021 7:29:05 PM