ENROLLED HOUSE
BILL NO. 2154	By:	Armes and Dorman of the House

				and

		Schulz and Sparks of the Senate

An Act relating to game and fish; amending Section 2, Chapter 63, O.S.L. 2008 (29 O.S. Supp. 2008, Section 7-209), which relates to trespass on certain lands; modifying penalty; defining term; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     Section 2, Chapter 63, O.S.L. 2008 (29 O.S. Supp. 2008, Section 7-209), is amended to read as follows:

Section 7-209.  A.  Any person who willfully enters a facility licensed pursuant to the Oklahoma Farmed Cervidae Act or a commercial hunting area licensed pursuant to Section 4-106 of Title 29 of the Oklahoma Statutes this title without permission by the owner 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).

B.  Any person who willfully enters a facility licensed pursuant to the Oklahoma Farmed Cervidae Act or a big game commercial hunting area licensed pursuant to Section 4-106 of Title 29 of the Oklahoma Statutes this title and hunts, takes or attempts to take a cervidae or wildlife without permission by the owner shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than One Thousand Five Hundred Dollars ($1,500.00) Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00) Ten Thousand Dollars ($10,000.00) or by imprisonment in the county jail not to exceed sixty (60) days, or by both such fine and imprisonment, and in addition, the court shall order restitution for actual damages incurred.  For purposes of this subsection, “actual damages” includes, but is not limited to, damages to real or personal property wherein the person willfully entering a licensed facility hunts, shoots, shoots at, kills, attempts to kill, disturbs, hazes, takes, or attempts to take any personal property of the owner without permission from the owner.

SECTION 2.  This act shall become effective November 1, 2009.

Passed the House of Representatives the 13th day of May, 2009.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 15th day of May, 2009.

	
Presiding Officer of the Senate