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1 | AN ACT concerning wildlife.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Wildlife Code is amended by changing Section | ||||||
5 | 3.5 and by adding Section 2.33b as follows: | ||||||
6 | (520 ILCS 5/2.33b new) | ||||||
7 | Sec. 2.33b. Computer-assisted remote hunting; prohibition.
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8 | A person shall not operate, provide, sell, use, or offer to
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9 | operate, provide, sell, or use any computer software or service
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10 | that allows a person not physically present at the hunt site to
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11 | remotely control a weapon that could be used to take wildlife | ||||||
12 | by remote operation, including, but not limited to,
weapons or | ||||||
13 | devices set up to fire through the use of the
Internet or | ||||||
14 | through a remote control device.
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15 | (520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
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16 | Sec. 3.5. Penalties; probation.
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17 | (a) Any person who violates any of the provisions of | ||||||
18 | Section
2.36a,
including administrative rules, shall be guilty | ||||||
19 | of a Class 3 felony, except
as otherwise provided in subsection | ||||||
20 | (b) of this Section and subsection (a) of
Section 2.36a.
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21 | (b) Whenever any person who has not previously been | ||||||
22 | convicted of, or
placed
on probation or court supervision for, |
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1 | any offense under Section 1.22,
2.36, or 2.36a or subsection | ||||||
2 | (i) or (cc) of Section
2.33, the court may, without entering a
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3 | judgment and with the person's consent, sentence the person to | ||||||
4 | probation for a
violation of Section 2.36a.
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5 | (1) When a person is placed on probation, the court | ||||||
6 | shall enter an order
specifying a period of probation of 24 | ||||||
7 | months and shall defer further
proceedings in
the case | ||||||
8 | until the conclusion of the period or until the filing of a | ||||||
9 | petition
alleging violation of a term or condition of | ||||||
10 | probation.
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11 | (2) The conditions of probation shall be that the | ||||||
12 | person:
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13 | (A) Not violate
any criminal statute of any | ||||||
14 | jurisdiction.
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15 | (B) Perform no less than 30 hours of community | ||||||
16 | service, provided
community
service is available in | ||||||
17 | the jurisdiction and is funded and approved by the
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18 | county board.
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19 | (3) The court may, in addition to other conditions:
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20 | (A) Require that the person make a report to and | ||||||
21 | appear in person before
or participate with the
court | ||||||
22 | or courts, person, or social service agency as directed | ||||||
23 | by the
court in the order of probation.
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24 | (B) Require that the person pay a fine and costs.
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25 | (C) Require that the person refrain from | ||||||
26 | possessing a firearm or other
dangerous weapon.
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1 | (D) Prohibit the person from associating with any | ||||||
2 | person who is actively
engaged in any of the activities | ||||||
3 | regulated by the permits issued or privileges
granted | ||||||
4 | by the Department of Natural Resources.
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5 | (4) Upon violation of a term or condition of probation, | ||||||
6 | the
court
may enter a judgment on its original finding of | ||||||
7 | guilt and proceed as otherwise
provided.
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8 | (5) Upon fulfillment of the terms and
conditions of | ||||||
9 | probation, the court shall discharge the person and dismiss
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10 | the proceedings against the person.
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11 | (6) A disposition of probation is considered to be a | ||||||
12 | conviction
for the purposes of imposing the conditions of | ||||||
13 | probation, for appeal, and for
administrative revocation | ||||||
14 | and suspension of licenses and privileges;
however, | ||||||
15 | discharge and dismissal under this Section is not a | ||||||
16 | conviction for
purposes of disqualification or | ||||||
17 | disabilities imposed by law upon conviction of
a crime.
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18 | (7) Discharge and dismissal under this Section
may | ||||||
19 | occur only once
with respect to any person.
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20 | (8) If a person is convicted of an offense under this
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21 | Act within 5 years
subsequent to a discharge and dismissal | ||||||
22 | under this Section, the discharge and
dismissal under this | ||||||
23 | Section shall be admissible in the sentencing proceeding
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24 | for that conviction
as a factor in aggravation.
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25 | (9) The Circuit Clerk shall notify the Department of | ||||||
26 | State Police of all
persons convicted of or placed under |
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1 | probation for violations of Section
2.36a.
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2 | (c) Any person who violates any of the provisions of | ||||||
3 | Sections 2.9, 2.11,
2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, | ||||||
4 | 2.31, 2.32, 2.33 (except
subsections (g), (i), (o), (p), (y), | ||||||
5 | and (cc)), 2.33-1, 2.33a, 3.3,
3.4, 3.11 - 3.16, 3.19 - 3.21 | ||||||
6 | (except subsections (b), (c), (d), (e), (f), (f.5), (g), (h), | ||||||
7 | and (i)), and 3.24 - 3.26, including administrative
rules, | ||||||
8 | shall be guilty of a Class B misdemeanor.
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9 | A person who violates Section 2.33b by using any computer | ||||||
10 | software or service to remotely control a weapon that takes | ||||||
11 | wildlife by remote operation is guilty of a Class B | ||||||
12 | misdemeanor. A person who violates Section 2.33b by | ||||||
13 | facilitating a violation of Section 2.33b, including an owner | ||||||
14 | of land in which remote control hunting occurs, a computer | ||||||
15 | programmer who designs a program or software to facilitate | ||||||
16 | remote control hunting, or a person who provides weapons or | ||||||
17 | equipment to facilitate remote control hunting, is guilty of a | ||||||
18 | Class A misdemeanor.
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19 | Any person who violates any of the
provisions of Sections | ||||||
20 | 1.22,
2.4, 2.36 and 2.38, including administrative rules, shall | ||||||
21 | be guilty of a
Class A misdemeanor. Any second or subsequent | ||||||
22 | violations of Sections
2.4 and 2.36 shall be a Class 4 felony.
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23 | Any person who violates any of the provisions of this Act, | ||||||
24 | including
administrative rules, during such period when his | ||||||
25 | license, privileges, or
permit is revoked or denied by virtue | ||||||
26 | of Section 3.36, shall be guilty of a
Class A misdemeanor.
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1 | Any person who violates subsection (g), (i), (o), (p), (y), | ||||||
2 | or (cc)
of Section 2.33 shall be guilty of a Class A | ||||||
3 | misdemeanor and subject to a
fine of no less than $500 and no | ||||||
4 | more than $5,000 in addition to other
statutory penalties.
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5 | Any person who violates any other of
the provisions of this | ||||||
6 | Act
including administrative rules, unless otherwise stated, | ||||||
7 | shall be
guilty of a petty offense. Offenses committed by | ||||||
8 | minors under the
direct control or with the consent of a parent | ||||||
9 | or guardian may subject
the parent or guardian to the penalties | ||||||
10 | prescribed in this Section.
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11 | In addition to any fines imposed pursuant to the provisions | ||||||
12 | of this
Section or as otherwise provided in this Act, any | ||||||
13 | person found guilty of
unlawfully taking or possessing any | ||||||
14 | species protected by this Act, shall be
assessed a civil | ||||||
15 | penalty for such species in accordance with the values
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16 | prescribed in Section 2.36a of this Act. This civil penalty | ||||||
17 | shall be
imposed by the Circuit Court for the county within | ||||||
18 | which the offense was
committed at the time of the conviction. | ||||||
19 | All penalties provided for in
this Section shall be remitted to | ||||||
20 | the Department in accordance with the
same provisions provided | ||||||
21 | for in Section 1.18 of this Act.
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22 | (Source: P.A. 94-222, eff. 7-14-05.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
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