Illinois General Assembly - Full Text of Public Act 100-0960
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Public Act 100-0960


 

Public Act 0960 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0960
 
HB5317 EnrolledLRB100 18251 SLF 33454 b

    AN ACT concerning wildlife.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Wildlife Code is amended by changing Section
2.36a as follows:
 
    (520 ILCS 5/2.36a)  (from Ch. 61, par. 2.36a)
    Sec. 2.36a. Value of protected species; violations.
    (a) Any person who, for profit or commercial purposes,
knowingly captures or kills, possesses, offers for sale, sells,
offers to barter, barters, offers to purchase, purchases,
delivers for shipment, ships, exports, imports, causes to be
shipped, exported, or imported, delivers for transportation,
transports or causes to be transported, carries or causes to be
carried, or receives for shipment, transportation, carriage,
or export any animal or part of animal of the species protected
by this Act, contrary to the provisions of this Act, and such
animals, in whole or in part, are valued at or in excess of a
total of $300, as per specie value specified in subsection (c)
of this Section, commits a Class 3 felony.
    A person shall be guilty of a Class 4 felony if convicted
under this Section for more than one violation within a 90-day
period where the animals of each violation are not valued at or
in excess of $300, but the total value of the animals from the
multiple violations is at or in excess of $300. The prosecution
for a Class 4 felony for these multiple violations must be
alleged in a single charge or indictment and brought in a
single prosecution.
    (b) Possession of animals, in whole or in part, captured or
killed in violation of this Act, valued at or in excess of
$600, as per specie value specified in subsection (c) of this
Section, shall be considered prima facie evidence of possession
for profit or commercial purposes.
    (c) For purposes of this Section, the fair market value or
replacement cost, whichever is greater, shall be used to
determine the value of the species protected by this Act, but
in no case shall the minimum value of all species protected by
this Act be less than as follows:
        (1) Eagle, $1,000 $500;
        (2) Whitetail deer, $1,000 and wild turkey, $500 $250;
        (3) Fur-bearing mammals, $50 $25;
        (4) Game birds (except the wild turkey) and migratory
    game birds (except Trumpeter swans), $50 $25;
        (5) Owls, hawks, falcons, kites, harriers, and
    ospreys, and other birds of prey $250 $125;
        (6) Game mammals (except whitetail deer), $50 $25;
        (7) Other mammals, $100 $50;
        (8) Resident and migratory non-game birds (except
    birds of prey), $100 $50;
        (9) Trumpeter swans, $1,000 $250.
    (d) In this subsection (d), "point" means a projection on
the antler of a whitetail antlered deer that is at least
one-inch long as measured from the tip to the nearest edge of
antler beam and the length of which exceeds the length of its
base. A person who possesses whitetail antlered deer, in whole
or in part, captured or killed in violation of this Act, shall
pay restitution to the Department in the amount of $1,000 per
whitetail antlered deer and an additional $500 per antler
point, for each whitetail antlered deer with at least 8 but not
more than 10 antler points. For whitetail antlered deer with 11
or more antler points, restitution of $1,000 shall be paid to
the Department per whitetail antlered deer plus $750 per antler
point.
(Source: P.A. 90-743, eff. 1-1-99.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/19/2018