Oklahoma SB 964: Property rights; authorizing certain officers or employees to enter private land under specified circumstances. Effective date.

Bill Text

Req. No. 86 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

STATE OF OKLAHOMA

1st Session of the 58th Legislature (2021)

SENATE BILL 964 By: Bergstrom

AS INTRODUCED

An Act relating to property rights; amending 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), which 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 by Section 1,
Chapter 75, O.S.L. 2014 (22 O.S. Supp. 2020, Section
1221), which relates to search warrants; 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 field of another after being expressly
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 Hundred Fifty Dollars ($250.00); provided, that
this provision shall not apply to registered land surveyors and

Req. No. 86 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

registered professional engineers for the purpose of land surveying
in the performance of their professional services; and, provided
further, that anyone who willfully or maliciously 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 six (6) months, or both such
fine 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 conspicuously and at all places where entry 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 Oklahoma Statutes.
C. Whoever shall willfully enter the pecan grove of another
without the prior consent of the owner or occupant thereof to so do
shall be deemed guilty of trespass and upon 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 attempts to commit waste, theft, or damage shall
be deemed guilty of a misdemeanor and upon conviction thereof shall

Req. No. 86 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

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 such 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 misdemeanor
trespass and upon conviction thereof 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 land surveying
in the performance of their professional services; and, provided
further, that anyone who willfully or maliciously enters upon
property owned or managed by the Grand River Dam Authority without
permission and therein commits or attempts to commit waste, theft,
or damage shall be deemed guilty of misdemeanor trespass, 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 six (6) months, or both such fine 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

Req. No. 86 Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

conspicuously and at all places where entry to the property is
nor