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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 197 By: Bergstrom
AS INTRODUCED
An Act relating to the Oklahoma Wildlife Conser vation
Code; amending 29 O.S. 20 21, Section 5-202, which
relates to recreational activi ty upon the land of
another; assigning a duty for a game warden to inform
a person only when requested to do so; prohibiting
game warden from entering a private property under
certain circumstances unless requested; stating that
suspicion of possession of a firearm or discharge of
a weapon shall not itself constitute sufficient
probable cause to authorize entry to private
property; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 29 O.S. 20 21, Section 5-202, is
amended to read as follows:
Section 5-202. A. Except as otherwise pro vided, no person may
hunt or take by any mean s or method upon the land of another without
the consent of the owner, lessee , or occupant of such land.
B. For purposes of this section, consent shall be presumed to
be valid for not more than one (1) year, unl ess the owner, lessee,
or occupant specifica lly grants consent for a specified period of
time.
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C. Excluding land primarily devoted to farming, ranching, or
forestry purposes as set forth in Section 1835.2 of Title 21 of the
Oklahoma Statutes, areas exempt from the provisions of subsection A
of this section are lands belonging to this state which are not
leased and occupied by a resid ent, excluding school land.
D. Any game warden investigating a hunter in the field has the
does not have a duty, unless the landowner, lessee, or occupant has
requested a game warden to do so, to inform the hunter that it is
necessary to obtain the consen t of the landowner, lessee , or
occupant to hunt or take on the particular property. Prosecution
for violations of the provisio ns of this section may be commenced
only upon written complain t of such owner, lessee, or occupant filed
before any court auth orized to punish such violation, or upon
written complaint to any game warden or officer authorized to make
arrest for such offense s.
E. Unless otherwise requested by a pr operty owner, lessee , or
tenant, a game warden shall not be authorized to enter private
property on the suspicion of the possible possession or di scharge of
a firearm or bow.
F. Suspicion of the possible possession or discharge o f a
firearm or bow shall not itself constitute sufficient probable cause
for authorizing a game warden to enter private property.
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G. No person shall operate a motor -driven conveyance on lands
that are fenced and posted or are in cultivation without permission
of the landowner, les see, or occupant.
F. H. The consent of any owner, lessee, or occupant of land
authorizing a person to hunt, take, fish or engage in any
recreational activity upon the land of any such owner, lessee , or
occupant shall not be construed to create any additio nal duty of
care or impose any additional liability other than specified by
Sections 16-71.2 and 16-71.3 of Title 2 of the Oklahoma Statutes.
G. I. The obtaining of consent from any owner, lessee , or
occupant of land authorizing a person to hunt, take, fi sh or engage
in any recreational activity shall not relieve the authorized person
using the land from any obligation which the person may have in the
absence of obtaining such consent to exercise care in the use of
such land and in activities thereon, or f rom the legal consequences
of failure to employ such care.
H. J. 1. It shall be an af firmative defense to prosecution
under subsection A of this section that the accused had express or
implied permission or legal authority to be on the property.
2. If an accused reasonably believed he or she was upon
property for which they had permission to be upon, it shall be an
affirmative defense to prosecution under subsection A of this
section that the accused had with him or her, on his or her person,
written permission from the surface owner, surface lessee, hunting
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lessee, or lawful occupant to b e upon such person’s land while the
accused was upon any adjoining property. This defense shall not be
available to the accused if:
a. the accused has previously pled g uilty, nolo
contendere, or has been convicted of any act of
trespass or has been found civilly liable of any 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 permission specified in this
paragraph.
I. K. Any person convicted for the first time of violating any
provisions of this section shall be guilty of a misdemeanor and
punished by the imposition of a fine of not less than Five Hundred
Dollars ($500.00) nor more than One Thousand Five Hundred Dollars
($1,500.00), or by imprisonment in th e county jail for thirty (30)
days, or by both fine and imprisonment.
J. L. Any person convicted for the second or subsequent time of
violating any provisions of this s ection shall be guilty of a
misdemeanor and punished by the imposition of a fine of not less
than One Thousand Five Hundred Dollars ($1,500.00) nor more than Two
Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in the
county jail for not less than six (6) months, or by both fine and
imprisonment.
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SECTION 2. This act shall become effective November 1, 202 3.
59-1-851 MR 2/8/2023 4:09:38 PM