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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1847 By: Stewart
AS INTRODUCED
An Act relating to vagrancy; amending 11 O.S. 2021,
Section 22-123, which relates to vagrancy; defining
term; granting businesses certain right; providing
for removal of vagrants within certain distance of
businesses; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHO MA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 22 -123, is
amended to read as follows:
Section 22-123. A. As used in this act, “vagrant” means a
person who is in, remains in, or wanders about a public or private
place for any of the following purposes:
1. Gambling with cards, dice, or other gambling paraphernali a;
2. Engaging in prostitution , soliciting prostitution , or
soliciting for an act of lewdness ;
3. Engaging in theft or breaking and entering into any
building, property, or automobile of another ;
4. Injuring, destroying, molesting, or defacing any property of
another;
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5. Begging or soliciting a lms, provided that such begging or
solicitation is not for a bona fide religious, c haritable, or
eleemosynary organization with the authorization of such
organization; or
6. Selling, purchasing, trading, or otherwise e xchanging,
procuring, or making available illegal drugs or contraband .
B. The municipal governing body may provide by ordinance for
the arrest, fine, and imprisonment of vagrants.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Secti on 22-123.1 of Title 11, unless
there is created a duplication in numbering, reads as follows:
A. The proprietor or manager o f any business has the right to
contact law enforcement to remove a vagrant if such vagrant is
within twelve (12) feet of a ny doorway of a retail or business
establishment, even if such vagrant is on public property.
B. Law enforcement officers, upon arrival, shall determine
whether the person accused of being a vagrant meets the definition
established in Section 22-123 of this title, through personal
observation or viewing of video footage. Upon determination that
such individual meets t he definition of a vagrant, the office rs
shall remove the vagrant to public property that is at least one -
half (1/2) mile away from the location of the business which made
the initial complaint. Such location for removal shall not be
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within one-quarter (1/4) mile of a business, to prevent such vagrant
from approaching ano ther business.
SECTION 3. This act shall become effec tive November 1, 2024.
59-2-2636 MSBB 1/17/2024 5:06:41 PM