STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 410	By:	Brecheen

AS INTRODUCED

An Act relating to crimes and punishments; making it unlawful to cut or damage a fence used for certain purposes; providing penalties; providing exceptions; providing for codification; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 1791 of Title 21, unless there is created a duplication in numbering, reads as follows:
A.  Any person who, without good cause, maliciously and knowingly cuts or damages a fence used for the production or containment of cattle, bison, horses, sheep, swine, goats, domestic fowl, exotic livestock, exotic poultry or any game animals or domesticated game such that there is a loss or damage to the property is guilty of a misdemeanor.  Any person convicted of a second or subsequent offense pursuant to this section shall be guilty of a felony punishable by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the custody of the Department of Corrections not exceeding two (2) years, or by both such fine and imprisonment.
B.  The provisions of subsection A of this section shall not apply to any activities:
1.  Performed pursuant to the Seismic Exploration Regulation Act;
2.  Performed pursuant to Sections 318.2 through 318.9 of Title 52 of the Oklahoma Statutes; or
3.  That are subject to the regulation of the Oklahoma Corporation Commission or the Federal Energy Regulatory Commission.
SECTION 2.  This act shall become effective July 1, 2013.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

54-1-573	QD	1/15/2013 11:09:32 AM