Bill Summary – FastDemocracy

                              STATE OF OKLAHOMA
                  1st Session of the 58th Legislature (2021)
  HOUSE BILL 1135                         By: Fetgatter
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                                AS INTRODUCED
         An Act relating to crimes and punishments; amending
            21 O.S. 2011, Section 1835, which relates to trespass
         without permission; expanding scope of certain
            definition; describing method for posting with purple
         paint marks; specifying requirements for posting;
            requiring specific signage until certain date;
        clarifying construing provision; updating penalty
            provisions; modifying certain definition; and
        providing an effective date.
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 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, as defined by this
 subsection, shall be deemed guilty of trespass and upon conviction
 thereof shall be fined in any sum punished by a fine of not to
 exceed more than Two Hundred Fifty Dollars ($250.00); provided, that
 this provision shall not apply to registered land surveyors and
     Req. No. 5052                                                     Page 1
  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
  punished by a fine of not less than Fifty Dollars ($50.00) nor more
  than Five Hundred Dollars ($500.00), or by confinement imprisonment
  in the county jail for not less than thirty (30) days nor more than
 six (6) months, or by both such fine and imprisonment.    For purposes
 of this section, "posted" means exhibiting:
     1.   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 All
 property shall have such signs placed conspicuously and at all
 places where entry to the property is normally expected; or
     2.   Placing purple paint marks on posts on the property,
 provided that the marks are:
          a.     vertical lines at least one (1) inch in width and at
                 least eight (8) inches in length,
          b.     placed so that the bottom of the mark is not less than
                 three (3) feet from the ground or more than five (5)
                 feet from the ground, and
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     Req. No. 5052                                                    Page 2
            c.      placed at locations that are readily visible to any
                    person approaching the property and no more than one
                    thousand (1,000) feet apart on land other than forest,
                    and one hundred (100) feet apart on forest land.
      B.   Beginning November 1, 2021, when a landowner uses the purple
  posting to indicate no trespassing, such marks shall be accompanied
  by signs placed conspicuously and at all places where entry to the
  property is normally expected explaining that the purple stripe
  means no trespassing, property restricted, or similar explanation of
 what the purple stripe indicates.     On and after November 1, 2022, no
 sign shall be required to explain the purple posting.
     C.   No provisions of this act section shall be construed to
 conflict with Section 5-202 or 6-304 of Title 29 of the Oklahoma
 Statutes.
     C. D.      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 punished by a fine of not to exceed more than
 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 be fined in any sum
 punished by a fine of not more than Five Hundred Dollars ($500.00),
 or by confinement imprisonment in the county jail for not less than
     Req. No. 5052                                                        Page 3
  thirty (30) days nor more than six (6) months, or by both such fine
  and imprisonment.
      D. E.   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 punished by a fine of not to exceed more than 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 punished by a fine of not less than Fifty Dollars
 ($50.00) nor more than Five Hundred Dollars ($500.00), or by
 confinement imprisonment in the county jail for not less than thirty
 (30) days nor more than six (6) months, or by both such fine and
 imprisonment.   For purposes of this section subsection, "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
     Req. No. 5052                                                    Page 4
  to the property is normally expected shall be defined as provided
  for in subsection A of this section.
      E. F.   Notwithstanding the provisions of this section, the
  Governor's Mansion and its grounds and appurtenances shall not be
  required to be posted with signs warning against trespass.   Any
  person who shall willfully or maliciously enter the grounds of the
  Governor's Mansion within the State Capitol Park, as defined in
  Section 1811.4 of Title 74 of the Oklahoma Statutes, except at a
  place where entry to the property is normally expected shall be
 deemed guilty of a misdemeanor and upon conviction shall be fined in
 a sum punished by a fine of not more than Five Hundred Dollars
 ($500.00), or by confinement imprisonment in the county jail for not
 less than thirty (30) days nor more than six (6) months, or by both
 such fine and imprisonment.
     SECTION 2.   This act shall become effective November 1, 2021.
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     58-1-5052      GRS     11/18/20
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     Req. No. 5052                                                      Page 5