STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE BILL 1298	By:	Sherrer

AS INTRODUCED

An Act relating to crimes and punishments; amending 21 O.S. 2011, Section 1835, which relates to trespass; modifying application of trespass prohibition; modifying definition; 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 property owned or leased by 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 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 property, 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”; “NO WEAPONS”; “FIREARMS PROHIBITED” 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 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 conspicuously and at all places where entry to the property is normally expected.
E.  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 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 fine and imprisonment.
SECTION 2.  This act shall become effective November 1, 2013.

54-1-5958	SD	01/10/13