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SENATE FLOOR VERSION
February 16, 2026
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2114 By: Guthrie and Bullard
[ game and fish - trespass - game wardens - dogs -
noncodification - codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
It is the intent of the Legislature to establish a clear and
enforceable standard to prohibit any person from knowingly,
recklessly, or negligently permitting a dog under his or her
ownership to pursue, control, or disturb wildlife upon land in which
such person has no ownership or permission to enter. It is the
intent of the Legislature to protect landowners and persons in
lawful control of the land from unwanted dogs entering upon such
land as to preserve their property rights and land use. Nothing in
this act shall be construed to penalize dogs engaged in lawful
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hunting with the permission of the landowner or enforce liability if
a hunting dog unintentionally crosses into land the dog is not
permitted to access if reasonable efforts are made to retrieve the
dog.
SECTION 2. AMENDATORY 21 O.S. 2021, Section 1835.2, is
amended to read as follows:
Section 1835.2. A. Notwithstanding the provisions of Section
1835 of this title, the following provisions apply to private land
that is primarily devoted to farming, ranching, or forestry
purposes:
1. For the purposes of this section, the term “owner” or
“occupant” includes a person in lawful control of the land as
provided in Section 3 of this act;
2. Except as provided in this section, whoever willfully enters
private land of another that is primarily devoted to farming,
ranching, or forestry purposes without permission by the surface
owner, surface lessee, hunting lessee, or lawful occupant thereof
shall be deemed guilty of trespass and, upon conviction thereof,
shall be fined punished by a fine in any sum not less than Seven
Hundred Fifty Dollars ($750.00) nor more than Two Thousand Dollars
($2,000.00), and in addition, the court shall order restitution for
actual damages incurred. Persons convicted of a second or
subsequent offense under this paragraph shall be guilty of a
misdemeanor and shall be punished by a fine in any sum not less than
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One Thousand Five Hundred Dollars ($1,500.00) nor more than Two
Thousand Five Hundred Dollars ($2,500.00), 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, and in addition, the
court shall order restitution for actual damages incurred;
2. 3. The provisions of paragraph 1 2 of this subsection shall
not apply to peace officers as defined in Section 99 of this title
or any federal, state, or local government employees engaged in the
performance of their duties, or to any firefighters, emergency
medical personnel, or public utility employees engaged in addressing
an emergency that presents an imminent danger to health, safety, or
the environment in the performance of their duties, or to parties
engaged in oil and gas operations, which shall include, without
limitation, exploration, drilling, production and sales activities,
under authority of mineral ownership, an oil and gas lease, seismic
agreement or permit, gas gathering, purchase, transportation, or
treating contracts, Corporation Commission order, or other lawful
authority from persons entitled to give the same. The provisions of
paragraph 1 2 of this subsection shall not prohibit railroad
employees and emergency equipment from entering such land to restore
rail service following an accident, derailment or natural disaster;
nor the entrance of utility employees or contractors while acting in
the scope of their employment; nor employees or contractors of valid
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easement or license holders while acting in the scope of their
employment;
3. 4. The following persons may enter such land of another
unless forbidden to do so, either orally or in writing, by the owner
or lawful occupier thereof: registered land surveyors and
registered professional engineers for the purpose of land surveying
in the performance of their professional services, persons making a
delivery, selling a product or service, conducting a survey or poll,
working on behalf of a candidate for political office, or who
otherwise have a legitimate reason for entering and who, immediately
upon entering, seek to conduct such business; and
4. 5. Anyone who willfully or maliciously enters any such land
of another 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 punished by a fine not less than
One Thousand Dollars ($1,000.00), 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, and in addition, the
court shall order restitution for actual damages incurred. Persons
convicted of a second or subsequent offense under this paragraph
shall be guilty of a misdemeanor and shall be punished by a fine of
not less than Two Thousand Five Hundred Dollars ($2,500.00), 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,
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and in addition, the court shall order restitution for actual
damages.
B. This section shall not be construed to prohibit acts that
are permitted pursuant to Section 5-202 or 6-304 of Title 29 of the
Oklahoma Statutes.
C. 1. It shall be an affirmative defense to prosecution under
paragraph 1 2 of subsection A of this section that the accused had
express or implied permission or legal authority to be on the
property.
2. If an accused reasonably believed he or she was upon
property for which they he or she had permission to be upon, it
shall be an affirmative defense to prosecution under paragraph 1 2
of subsection A of this section that the accused had with him or
her, on his or her person, written permission from the surface
owner, surface lessee, hunting lessee, or lawful occupant to be upon
such person’s land while the accused was upon any adjoining
property. This defense shall not be available to the accused if:
a. the accused has previously pled guilty, nolo
contendere, or has been convicted of any act of
trespass or has been found civilly liable of any act
of trespass, or
b. the accused, while the accused was upon the adjoining
property, does not have with him or her, on his or her
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person, the written permission specified in this
paragraph.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-128.1 of Title 29, unless
there is created a duplication in numbering, reads as follows:
“Person in lawful control of the land” means the landowner,
tenant, or any individual holding a valid written hunting lease,
fishing lease, agricultural lease, grazing lease, recreational-use
lease, or other written agreement granting authority to be upon or
use the land.
SECTION 4. AMENDATORY 29 O.S. 2021, Section 3-201, as
amended by Section 265, Chapter 486, O.S.L. 2025 (29 O.S. Supp.
2025, Section 3-201), is amended to read as follows:
Section 3-201. A. All things being equal, veterans of World
War II, the Korean, the Vietnam and Persian Gulf Wars shall be
appointed as game wardens when vacancies occur.
B. All persons appointed game wardens shall be peace officers
and have the full powers of peace officers of the State of Oklahoma
this state in the enforcement of the provisions of this Code the
Oklahoma Wildlife Conservation Code and are authorized to:
1. Enforce all state laws on Department-owned or Department-
managed lands;
2. Enforce all other laws of this state;
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3. Make arrests for wildlife conservation violations and
nonconservation-related crimes with the same power and authority as
sheriffs are vested with and in cooperation with other law
enforcement officers and agencies;
4. Take into possession any and all protected wildlife, or any
part thereof, killed, taken, shipped or in any possession contrary
to the law, and the wildlife or parts thereof may be disposed of as
determined by the Director or any court of competent jurisdiction;
5. Make a complaint and cause proceedings to be commenced
against any person for violation of any of the laws for the
protection and propagation of wildlife, with the sanction of the
prosecuting or district attorney of the county in which the
proceedings are brought, and shall not be required to give security
for costs;
6. Be an authorized agent of the Commission or Department under
Section 3-202 of this title in addition to duties as a game warden;
and
7. Assist in enforcement of the state fire laws, upon request
of the Oklahoma Department of Agriculture, Food, and Forestry.
C. 1. Pursuant to the provisions of this subsection, a game
warden may operate a vehicle owned or leased by the Department upon
a roadway during the hours of darkness without lighted headlamps,
clearance lamps, or other illuminating devices. As used in this
paragraph, “roadway” shall include any street or highway in this
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state except an interstate highway, a limited access highway, a
state trunk highway, or any street or highway within the limits of
an incorporated area.
2. Pursuant to the provisions of this subsection, a game warden
may operate a vessel upon any waters of this state during the hours
of darkness without the illuminating devices required by Section
4207 of Title 63 of the Oklahoma Statutes.
3. A game warden may operate a vehicle or vessel without the
illuminating devices specified in this subsection only if the
operation:
a. is made in the performance of the duties of the game
warden pursuant to the provisions of the Code, and
b. (1) will aid in the accomplishment of a lawful arrest
for any violation of the Code or any rule or
regulation promulgated thereto, or
(2) will aid in ascertaining whether a violation of
the Code or any rule or regulation promulgated
thereto has been or is about to be committed.
D. Any person who refuses to stop a vehicle or boat when
requested to do so by a game warden in the performance of the duties
of the game warden is guilty of a misdemeanor and upon conviction is
punishable shall be punished by a fine of not less than One Hundred
Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).
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E. Any game warden who solicits or accepts any bribe or money
or other thing of value in connection with the performance of duty
as a game warden shall be guilty of a Class C2 felony offense and,
upon conviction, shall be sentenced to a term of imprisonment as
provided for in subsections B through F of Section 20M of Title 21
of the Oklahoma Statutes and shall be summarily removed from office.
F. Pursuant to the provisions of subsection B of this section
and the Oklahoma Wildlife Conservation Code, a game warden shall not
have authority to use or place a game or wildlife camera on private
property without the permission of the owner or controller of the
property or pursuant to a warrant issued by a court of competent
jurisdiction.
G. Game wardens may enforce the provisions of Section 5 of this
act relating to dogs harassing wildlife on lands without permission
and may take enforcement action upon complaint of a landowner or a
person in lawful control of the land.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 7-802 of Title 29, unless there
is created a duplication in numbering, reads as follows:
A. No person shall knowingly, recklessly, or negligently allow
any dog owned by, kept by, or under the control of the person to
pursue, harass, or otherwise disturb wildlife on lands the person
does not own or have permission to enter.
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B. A first violation of this section shall result in the
issuance of a warning. A second and subsequent violation of this
section shall be punishable by a fine not to exceed Two Hundred
Fifty Dollars ($250.00). Each separate occurrence may be charged as
a distinct offense.
C. For purposes of this section, permission may be granted by
the landowner or by any person in lawful control of the land as
defined in Section 3 of this act to allow for the presence of any
person or dog on such land.
D. The provisions of this section shall not apply to:
1. Dogs lawfully engaged in hunting activities on lands where
permission has been granted;
2. Dogs engaged in livestock-protection duties on lands where
such duties are authorized;
3. Law enforcement animals performing official duties; or
4. Unintentional or momentary crossing of property boundaries
where a person is making reasonable efforts to recover a dog engaged
in hunting activities on land he or she is not permitted to access.
E. When the owner or person responsible for the dog cannot be
identified within a reasonable amount of time, a game warden may
take reasonable measures to detain, impound, or coordinate the
impoundment of the dog in cooperation with local law enforcement,
animal control officers, or county sheriff’s departments, for the
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purpose of preventing continued harassment of wildlife and
identifying the owner.
SECTION 6. This act shall become effective November 1, 2026.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND WILDLIFE
February 16, 2026 - DO PASS AS AMENDED BY CS