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HB2065 Engrossed |
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LRB094 03030 RLC 33031 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Wildlife Code is amended by changing Section |
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| 3.5 and by adding Section 2.33b as follows: |
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| (520 ILCS 5/2.33b new) |
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| Sec. 2.33b. Computer-assisted remote hunting; prohibition.
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| A person may not operate, provide, sell, use, or offer to
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| operate, provide, sell, or use any computer software or service
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| that allows a person not physically present at the hunt site to
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| remotely control a weapon that could be used to take wildlife |
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| by remote operation, including, but not limited to,
weapons or |
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| devices set up to fire through the use of the
Internet or |
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| through a remote control device.
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| (520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
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| Sec. 3.5. Penalties; probation.
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| (a) Any person who violates any of the provisions of |
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| Section
2.36a,
including administrative rules, shall be guilty |
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| of a Class 3 felony, except
as otherwise provided in subsection |
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| (b) of this Section and subsection (a) of
Section 2.36a.
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| (b) Whenever any person who has not previously been |
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| convicted of, or
placed
on probation or court supervision for, |
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| any offense under Section 1.22,
2.36, or 2.36a or subsection |
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| (i) or (cc) of Section
2.33, the court may, without entering a
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| judgment and with the person's consent, sentence the person to |
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| probation for a
violation of Section 2.36a.
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| (1) When a person is placed on probation, the court |
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| shall enter an order
specifying a period of probation of 24 |
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| months and shall defer further
proceedings in
the case |
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| until the conclusion of the period or until the filing of a |
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| petition
alleging violation of a term or condition of |
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HB2065 Engrossed |
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LRB094 03030 RLC 33031 b |
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| probation.
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| (2) The conditions of probation shall be that the |
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| person:
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| (A) Not violate
any criminal statute of any |
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| jurisdiction.
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| (B) Perform no less than 30 hours of community |
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| service, provided
community
service is available in |
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| the jurisdiction and is funded and approved by the
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| county board.
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| (3) The court may, in addition to other conditions:
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| (A) Require that the person make a report to and |
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| appear in person before
or participate with the
court |
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| or courts, person, or social service agency as directed |
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| by the
court in the order of probation.
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| (B) Require that the person pay a fine and costs.
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| (C) Require that the person refrain from |
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| possessing a firearm or other
dangerous weapon.
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| (D) Prohibit the person from associating with any |
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| person who is actively
engaged in any of the activities |
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| regulated by the permits issued or privileges
granted |
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| by the Department of Natural Resources.
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| (4) Upon violation of a term or condition of probation, |
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| the
court
may enter a judgment on its original finding of |
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| guilt and proceed as otherwise
provided.
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| (5) Upon fulfillment of the terms and
conditions of |
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| probation, the court shall discharge the person and dismiss
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| the proceedings against the person.
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| (6) A disposition of probation is considered to be a |
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| conviction
for the purposes of imposing the conditions of |
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| probation, for appeal, and for
administrative revocation |
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| and suspension of licenses and privileges;
however, |
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| discharge and dismissal under this Section is not a |
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| conviction for
purposes of disqualification or |
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| disabilities imposed by law upon conviction of
a crime.
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| (7) Discharge and dismissal under this Section
may |
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| occur only once
with respect to any person.
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HB2065 Engrossed |
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LRB094 03030 RLC 33031 b |
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| (8) If a person is convicted of an offense under this
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| Act within 5 years
subsequent to a discharge and dismissal |
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| under this Section, the discharge and
dismissal under this |
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| Section shall be admissible in the sentencing proceeding
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| for that conviction
as a factor in aggravation.
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| (9) The Circuit Clerk shall notify the Department of |
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| State Police of all
persons convicted of or placed under |
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| probation for violations of Section
2.36a.
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| (c) Any person who violates any of the provisions of |
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| Sections 2.9, 2.11,
2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, |
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| 2.31, 2.32, 2.33 (except
subsections (g), (i), (o), (p), (y), |
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| and (cc)), 2.33-1, 2.33a, 3.3,
3.4, 3.11 - 3.16, 3.19 - 3.21, |
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| and 3.24 - 3.26, including administrative
rules, shall be |
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| guilty of a Class B misdemeanor.
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| A person who violates Section 2.33b by using any computer |
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| software or service to remotely control a weapon that takes |
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| wildlife by remote operation is guilty of a Class B |
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| misdemeanor. A person who violates Section 2.33b by |
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| facilitating a violation of Section 2.33b, including an owner |
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| of land in which remote control hunting occurs, a computer |
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| programmer who designs a program or software to facilitate |
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| remote control hunting, or a person who provides weapons or |
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| equipment to facilitate remote control hunting is guilty of a |
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| Class A misdemeanor.
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| Any person who violates any of the
provisions of Sections |
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| 1.22,
2.4, 2.36 and 2.38, including administrative rules, shall |
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| be guilty of a
Class A misdemeanor. Any second or subsequent |
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| violations of Sections
2.4 and 2.36 shall be a Class 4 felony.
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| Any person who violates any of the provisions of this Act, |
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| including
administrative rules, during such period when his |
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| license, privileges, or
permit is revoked or denied by virtue |
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| of Section 3.36, shall be guilty of a
Class A misdemeanor.
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| Any person who violates subsection (g), (i), (o), (p), (y), |
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| or (cc)
of Section 2.33 shall be guilty of a Class A |
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| misdemeanor and subject to a
fine of no less than $500 and no |
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| more than $5,000 in addition to other
statutory penalties.
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HB2065 Engrossed |
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LRB094 03030 RLC 33031 b |
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| Any person who violates any other of
the provisions of this |
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| Act
including administrative rules, unless otherwise stated, |
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| shall be
guilty of a petty offense. Offenses committed by |
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| minors under the
direct control or with the consent of a parent |
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| or guardian may subject
the parent or guardian to the penalties |
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| prescribed in this Section.
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| In addition to any fines imposed pursuant to the provisions |
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| of this
Section or as otherwise provided in this Act, any |
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| person found guilty of
unlawfully taking or possessing any |
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| species protected by this Act, shall be
assessed a civil |
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| penalty for such species in accordance with the values
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| prescribed in Section 2.36a of this Act. This civil penalty |
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| shall be
imposed by the Circuit Court for the county within |
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| which the offense was
committed at the time of the conviction. |
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| All penalties provided for in
this Section shall be remitted to |
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| the Department in accordance with the
same provisions provided |
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| for in Section 1.18 of this Act.
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| (Source: P.A. 90-743, eff. 1-1-99.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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