Oklahoma HB 1009: Game and fish; prohibiting game warden from entering private property under certain circumstances; effective date.

Bill Text

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STATE OF OKLAHOMA

1st Session of the 56th Legislature (2017)

HOUSE BILL 1009 By: Cleveland

AS INTRODUCED

An Act relating to game and fish; amending 29 O.S.
2011, Section 5-202, as amended by Section 1, Chapter
200, O.S.L. 2012 (29 O.S. Supp. 2016, Section 5-202),
which relates to consent of landowner to hunt or
fish; prohibiting game warden from entering private
property under certain circumstances; and providing
an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 29 O.S. 2011, Section 5-202, as
amended by Section 1, Chapter 200, O.S.L. 2012 (29 O.S. Supp. 2016,
Section 5-202), is amended to read as follows:
Section 5-202. A. Except as otherwise provided, no person may
hunt or take by any means 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, unless the owner, lessee,
or occupant specifically 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 resident, excluding school land.
D. Any game warden investigating a hunter in the field has the
duty to inform the hunter that it is necessary to obtain the consent
of the landowner, lessee or occupant to hunt or take on the
particular property. Prosecution for violations of the provisions
of this section may be commenced only upon written complaint of such
owner, lessee or occupant filed before any court authorized to
punish such violation, or upon written complaint to any game warden
or officer authorized to make arrest for such offenses. A game
warden shall not enter private property for the purpose of enforcing
the provisions of the Oklahoma Wildlife Conservation Code based
solely on the discharge of a firearm.
E. No person shall operate a motor-driven conveyance on lands
that are fenced and posted or are in cultivation without permission
of the landowner, lessee or occupant.
F. 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 additional duty of

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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. The obtaining of consent from any owner, lessee or occupant
of land authorizing a person to hunt, take, fish 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 from the legal consequences
of failure to employ such care.
H. 1. It shall be an affirmative 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 he or she 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 lessee, or lawful occupant to be 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 guilty, or nolo
contendere to, or has been convicted of, any act of
trespass or has been found civilly liable of any act
of trespass, or

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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. 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 the county jail for thirty (30)
days, or by both fine and imprisonment.
J. Any person convicted for the second or subsequent 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 One Thousand Five Hundred Dollars ($1,500.00) nor mo