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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,
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3 | represented in the General Assembly:
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4 | Section 5. The Wildlife Code is amended by changing | ||||||||||||||||||||||||
5 | Sections 2.30, 2.33, 2.36, 3.5, 3.25, 3.33, and 3.35 and by | ||||||||||||||||||||||||
6 | adding Sections 1.2j-5 and 3.27-a as follows: | ||||||||||||||||||||||||
7 | (520 ILCS 5/1.2j-5 new)
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8 | Sec. 1.2j-5. "Hound running" means the chasing of one or | ||||||||||||||||||||||||
9 | more foxes or one or more coyotes by one or more dogs and one or | ||||||||||||||||||||||||
10 | more persons engaged in hunt-like activities.
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11 | (520 ILCS 5/2.30) (from Ch. 61, par. 2.30)
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12 | Sec. 2.30. It shall be unlawful for any person to trap or | ||||||||||||||||||||||||
13 | to hunt
with gun, dog, dog and gun, or bow and arrow, gray fox, | ||||||||||||||||||||||||
14 | red fox,
raccoon, weasel, mink, muskrat, badger, and opossum | ||||||||||||||||||||||||
15 | except during
the open season which will be set annually by the | ||||||||||||||||||||||||
16 | Director between 12:01
a.m., November 1 to 12:00 midnight, | ||||||||||||||||||||||||
17 | February 15, both inclusive , and except for activities approved | ||||||||||||||||||||||||
18 | by the Department for hound running areas .
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19 | It is unlawful for any person to take bobcat or river otter
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20 | in this State at any time.
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21 | It is unlawful to pursue any fur-bearing mammal with a dog | ||||||||||||||||||||||||
22 | or dogs
between the hours of sunset and sunrise during the 10 |
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| |||||||
1 | day period
preceding the opening date of the raccoon hunting | ||||||
2 | season and the 10 day
period following the closing date of the | ||||||
3 | raccoon hunting season except
that the Department may issue | ||||||
4 | field trial permits in accordance with Section
2.34 of this | ||||||
5 | Act. A non-resident from a state with more restrictive
| ||||||
6 | fur-bearer pursuit regulations for any particular species than | ||||||
7 | provided for
that species in this Act may not pursue that | ||||||
8 | species in Illinois except
during the period of time that | ||||||
9 | Illinois residents are allowed to pursue
that species in the | ||||||
10 | non-resident's state of residence. Fenced fox hound
training | ||||||
11 | enclosures and hound running areas approved by the Department | ||||||
12 | shall be exempt from the
provisions of this Section.
| ||||||
13 | It shall be unlawful to take beaver, weasel, mink or | ||||||
14 | muskrat except during
the open season set annually by the | ||||||
15 | Director, and then, only with traps.
| ||||||
16 | It shall be unlawful for any person to trap beaver with | ||||||
17 | traps except during
the open season which will be set annually | ||||||
18 | by the Director between 12:01
a.m., November 1st and 12:00 | ||||||
19 | midnight, March 31.
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20 | Coyote may be taken by trapping methods only during the | ||||||
21 | period from
September 1 to March 1, both inclusive, and by | ||||||
22 | hunting methods at any time.
| ||||||
23 | Striped skunk may be taken by trapping methods only during | ||||||
24 | the period
from September 1 to March 1, both inclusive, and by | ||||||
25 | hunting methods at
any time.
| ||||||
26 | For the purpose of taking fur-bearing mammals, the State |
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| |||||||
1 | may be
divided into management zones by administrative rule.
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2 | The provisions of this Section are subject to modification | ||||||
3 | by
administrative rule.
| ||||||
4 | (Source: P.A. 89-341, eff. 8-17-95.)
| ||||||
5 | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
| ||||||
6 | Sec. 2.33. Prohibitions.
| ||||||
7 | (a) It is unlawful to carry or possess any gun in any
State | ||||||
8 | refuge unless otherwise permitted by administrative rule.
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9 | (b) It is unlawful to use or possess any snare or | ||||||
10 | snare-like device,
deadfall, net, or pit trap to take any | ||||||
11 | species, except that snares not
powered by springs or other | ||||||
12 | mechanical devices may be used to trap
fur-bearing mammals, in | ||||||
13 | water sets only, if at least one-half of the snare
noose is | ||||||
14 | located underwater at all times.
| ||||||
15 | (c) It is unlawful for any person at any time to take a | ||||||
16 | wild mammal
protected by this Act from its den by means of any | ||||||
17 | mechanical device,
spade, or digging device or to use smoke or | ||||||
18 | other gases to dislodge or
remove such mammal except as | ||||||
19 | provided in Section 2.37.
| ||||||
20 | (d) It is unlawful to use a ferret or any other small | ||||||
21 | mammal which is
used in the same or similar manner for which | ||||||
22 | ferrets are used for the
purpose of frightening or driving any | ||||||
23 | mammals from their dens or hiding places.
| ||||||
24 | (e) (Blank).
| ||||||
25 | (f) It is unlawful to use spears, gigs, hooks or any like |
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| |||||||
1 | device to
take any species protected by this Act.
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2 | (g) It is unlawful to use poisons, chemicals or explosives | ||||||
3 | for the
purpose of taking any species protected by this Act.
| ||||||
4 | (h) It is unlawful to hunt adjacent to or near any peat, | ||||||
5 | grass,
brush or other inflammable substance when it is burning.
| ||||||
6 | (i) It is unlawful to take, pursue or intentionally harass | ||||||
7 | or disturb
in any manner any wild birds or mammals by use or | ||||||
8 | aid of any vehicle or
conveyance, except as permitted by the | ||||||
9 | Code of Federal Regulations for the
taking of waterfowl. It is | ||||||
10 | also unlawful to use the lights of any vehicle
or conveyance or | ||||||
11 | any light from or any light connected to the
vehicle or | ||||||
12 | conveyance in any area where wildlife may be found except in
| ||||||
13 | accordance with Section 2.37 of this Act; however, nothing in | ||||||
14 | this
Section shall prohibit the normal use of headlamps for the | ||||||
15 | purpose of driving
upon a roadway. Striped skunk, opossum, red | ||||||
16 | fox, gray
fox, raccoon and coyote may be taken during the open | ||||||
17 | season by use of a small
light which is worn on the body or | ||||||
18 | hand-held by a person on foot and not in any
vehicle.
| ||||||
19 | (j) It is unlawful to use any shotgun larger than 10 gauge | ||||||
20 | while
taking or attempting to take any of the species protected | ||||||
21 | by this Act.
| ||||||
22 | (k) It is unlawful to use or possess in the field any | ||||||
23 | shotgun shell loaded
with a shot size larger than lead BB or | ||||||
24 | steel T (.20 diameter) when taking or
attempting to take any | ||||||
25 | species of wild game mammals (excluding white-tailed
deer), | ||||||
26 | wild game birds, migratory waterfowl or migratory game birds |
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| |||||||
1 | protected
by this Act, except white-tailed deer as provided for | ||||||
2 | in Section 2.26 and other
species as provided for by subsection | ||||||
3 | (l) or administrative rule.
| ||||||
4 | (l) It is unlawful to take any species of wild game, except
| ||||||
5 | white-tailed deer, with a shotgun loaded with slugs unless | ||||||
6 | otherwise
provided for by administrative rule.
| ||||||
7 | (m) It is unlawful to use any shotgun capable of holding | ||||||
8 | more than 3
shells in the magazine or chamber combined, except | ||||||
9 | on game breeding and
hunting preserve areas licensed under | ||||||
10 | Section 3.27 and except as permitted by
the Code of Federal | ||||||
11 | Regulations for the taking of waterfowl. If the shotgun
is | ||||||
12 | capable of holding more than 3 shells, it shall, while being | ||||||
13 | used on an
area other than a game breeding and shooting | ||||||
14 | preserve area licensed
pursuant to Section 3.27, be fitted with | ||||||
15 | a one piece plug that is
irremovable without dismantling the | ||||||
16 | shotgun or otherwise altered to
render it incapable of holding | ||||||
17 | more than 3 shells in the magazine and
chamber, combined.
| ||||||
18 | (n) It is unlawful for any person, except persons who | ||||||
19 | possess a permit to
hunt from a vehicle as provided in this | ||||||
20 | Section and persons otherwise permitted
by law, to have or | ||||||
21 | carry any gun in or on any vehicle, conveyance or aircraft,
| ||||||
22 | unless such gun is unloaded and enclosed in a case, except that | ||||||
23 | at field trials
authorized by Section 2.34 of this Act, | ||||||
24 | unloaded guns or guns loaded with blank
cartridges only, may be | ||||||
25 | carried on horseback while not contained in a case, or
to have | ||||||
26 | or carry any bow or arrow device in or on any vehicle unless |
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| |||||||
1 | such bow
or arrow device is unstrung or enclosed in a case, or | ||||||
2 | otherwise made
inoperable.
| ||||||
3 | (o) It is unlawful to use any crossbow for the purpose of | ||||||
4 | taking any
wild birds or mammals, except as provided for in | ||||||
5 | Section 2.33.
| ||||||
6 | (p) It is unlawful to take game birds, migratory game birds | ||||||
7 | or
migratory waterfowl with a rifle, pistol, revolver or | ||||||
8 | airgun.
| ||||||
9 | (q) It is unlawful to fire a rifle, pistol, revolver or | ||||||
10 | airgun on,
over or into any waters of this State, including | ||||||
11 | frozen waters.
| ||||||
12 | (r) It is unlawful to discharge any gun or bow and arrow | ||||||
13 | device
along, upon, across, or from any public right-of-way or | ||||||
14 | highway in this State.
| ||||||
15 | (s) It is unlawful to use a silencer or other device to | ||||||
16 | muffle or
mute the sound of the explosion or report resulting | ||||||
17 | from the firing of
any gun.
| ||||||
18 | (t) It is unlawful for any person to trap or hunt, or | ||||||
19 | intentionally or wantonly allow a dog to
hunt, within or upon | ||||||
20 | the land of another, or upon waters flowing over or
standing on | ||||||
21 | the land of another, without first obtaining permission from
| ||||||
22 | the owner or tenant. It shall be prima facie evidence that a | ||||||
23 | person does
not have permission of the owner or tenant if the | ||||||
24 | person is unable to
demonstrate to the law enforcement officer | ||||||
25 | in the field that permission had
been obtained. This provision | ||||||
26 | may only be rebutted by testimony of the
owner or tenant that |
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| |||||||
1 | permission had been given. Before enforcing this
Section the | ||||||
2 | law enforcement officer must have received notice from the
| ||||||
3 | owner or tenant of a violation of this Section. Statements made | ||||||
4 | to the
law enforcement officer regarding this notice shall not | ||||||
5 | be rendered
inadmissible by the hearsay rule when offered for | ||||||
6 | the purpose of showing the
required notice.
| ||||||
7 | (u) It is unlawful for any person to discharge any firearm | ||||||
8 | for the purpose
of taking any of the species protected by this | ||||||
9 | Act, or hunt with gun or
dog, or intentionally or wantonly | ||||||
10 | allow a dog to hunt, within 300 yards of an inhabited dwelling | ||||||
11 | without
first obtaining permission from the owner or tenant, | ||||||
12 | except that while
trapping, hunting with bow and arrow, hunting | ||||||
13 | with dog and shotgun using shot
shells only, or hunting with | ||||||
14 | shotgun using shot shells only, or
on licensed game breeding | ||||||
15 | and hunting preserve areas, as defined in Section
3.27, on | ||||||
16 | property operated under a Migratory Waterfowl Hunting Area | ||||||
17 | Permit, on
federally owned and managed lands and on Department | ||||||
18 | owned, managed, leased or
controlled lands, a 100 yard | ||||||
19 | restriction shall apply.
| ||||||
20 | (v) It is unlawful for any person to remove fur-bearing | ||||||
21 | mammals from, or
to move or disturb in any manner, the traps | ||||||
22 | owned by another person without
written authorization of the | ||||||
23 | owner to do so.
| ||||||
24 | (w) It is unlawful for any owner of a dog to knowingly or | ||||||
25 | wantonly allow
his or her dog to pursue, harass or kill deer, | ||||||
26 | except that nothing in this Section shall prohibit the tracking |
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| |||||||
1 | of wounded deer with a dog in accordance with the provisions of | ||||||
2 | Section 2.26 of this Code.
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3 | (x) It is unlawful for any person to wantonly or carelessly | ||||||
4 | injure
or destroy, in any manner whatsoever, any real or | ||||||
5 | personal property on
the land of another while engaged in | ||||||
6 | hunting or trapping thereon.
| ||||||
7 | (y) It is unlawful to hunt wild game protected by this Act | ||||||
8 | between one
half hour after sunset and one half hour before | ||||||
9 | sunrise, except that
hunting hours between one half hour after | ||||||
10 | sunset and one half hour
before sunrise may be established by | ||||||
11 | administrative rule for fur-bearing
mammals.
| ||||||
12 | (z) It is unlawful to take any game bird (excluding wild | ||||||
13 | turkeys and
crippled pheasants not capable of normal flight and | ||||||
14 | otherwise irretrievable)
protected by this Act when not flying. | ||||||
15 | Nothing in this Section shall prohibit
a person from carrying | ||||||
16 | an uncased, unloaded shotgun in a boat, while in pursuit
of a | ||||||
17 | crippled migratory waterfowl that is incapable of normal | ||||||
18 | flight, for the
purpose of attempting to reduce the migratory | ||||||
19 | waterfowl to possession, provided
that the attempt is made | ||||||
20 | immediately upon downing the migratory waterfowl and
is done | ||||||
21 | within 400 yards of the blind from which the migratory | ||||||
22 | waterfowl was
downed. This exception shall apply only to | ||||||
23 | migratory game birds that are not
capable of normal flight. | ||||||
24 | Migratory waterfowl that are crippled may be taken
only with a | ||||||
25 | shotgun as regulated by subsection (j) of this Section using
| ||||||
26 | shotgun shells as regulated in subsection (k) of this Section.
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| |||||||
1 | (aa) It is unlawful to use or possess any device that may | ||||||
2 | be used for
tree climbing or cutting, while hunting fur-bearing | ||||||
3 | mammals.
| ||||||
4 | (bb) It is unlawful for any person, except licensed game | ||||||
5 | breeders,
pursuant to Section 2.29 to import, carry into, or | ||||||
6 | possess alive in this
State any species of wildlife taken | ||||||
7 | outside of this State, without
obtaining permission to do so | ||||||
8 | from the Director.
| ||||||
9 | (cc) It is unlawful for any person to have in his or her
| ||||||
10 | possession any freshly killed species protected by this Act | ||||||
11 | during the season
closed for taking.
| ||||||
12 | (dd) It is unlawful to take any species protected by this | ||||||
13 | Act and retain
it alive except as provided by administrative | ||||||
14 | rule .
| ||||||
15 | (ee) It is unlawful to possess any rifle while in the field | ||||||
16 | during gun
deer season except as provided in Section 2.26 and | ||||||
17 | administrative rules.
| ||||||
18 | (ff) It is unlawful for any person to take any species | ||||||
19 | protected by
this Act, except migratory waterfowl, during the | ||||||
20 | gun deer hunting season in
those counties open to gun deer | ||||||
21 | hunting, unless he or she wears, when in
the field, a cap and | ||||||
22 | upper outer garment of a solid blaze orange color, with
such | ||||||
23 | articles of clothing displaying a minimum of 400 square inches | ||||||
24 | of
blaze orange material.
| ||||||
25 | (gg) It is unlawful during the upland game season for any | ||||||
26 | person to take
upland game with a firearm unless he or she |
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| |||||||
1 | wears, while in the field, a
cap of solid blaze orange color. | ||||||
2 | For purposes of this Act, upland game is
defined as Bobwhite | ||||||
3 | Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
| ||||||
4 | Cottontail and Swamp Rabbit.
| ||||||
5 | (hh) It shall be unlawful to kill or cripple any species | ||||||
6 | protected by
this Act for which there is a daily bag limit | ||||||
7 | without making a reasonable
effort to retrieve such species and | ||||||
8 | include such in the daily bag limit.
| ||||||
9 | (ii) This Section shall apply only to those species | ||||||
10 | protected by this
Act taken within the State. Any species or | ||||||
11 | any parts thereof, legally taken
in and transported from other | ||||||
12 | states or countries, may be possessed
within the State, except | ||||||
13 | as provided in this Section and Sections 2.35, 2.36
and 3.21.
| ||||||
14 | (jj) Nothing contained in this Section shall prohibit the | ||||||
15 | use of bow
and arrow, or prevent the Director from issuing | ||||||
16 | permits to use a crossbow
to handicapped persons as provided by | ||||||
17 | administrative rule. As used herein,
"handicapped persons" | ||||||
18 | means those persons who have a permanent physical
impairment | ||||||
19 | due to injury or disease, congenital or acquired, which renders
| ||||||
20 | them so severely disabled as to be unable to use a conventional | ||||||
21 | bow and arrow
device. Permits will be issued only after the | ||||||
22 | receipt of a physician's
statement confirming the applicant is | ||||||
23 | handicapped as defined above.
| ||||||
24 | (kk) Nothing contained in this Section shall prohibit the | ||||||
25 | Director
from issuing permits to paraplegics or to other | ||||||
26 | disabled persons who meet the
requirements set forth in |
| |||||||
| |||||||
1 | administrative rule to shoot or hunt from a vehicle
as provided | ||||||
2 | by that rule, provided that such is otherwise in accord with | ||||||
3 | this
Act.
| ||||||
4 | (ll) Nothing contained in this Act shall prohibit the | ||||||
5 | taking of aquatic
life protected by the Fish and Aquatic Life | ||||||
6 | Code or birds and mammals
protected by this Act, except deer | ||||||
7 | and fur-bearing mammals, from a boat not
camouflaged or | ||||||
8 | disguised to alter its identity or to further provide a place
| ||||||
9 | of concealment and not propelled by sail or mechanical power. | ||||||
10 | However, only
shotguns not larger than 10 gauge nor smaller | ||||||
11 | than .410 bore loaded with not
more than 3 shells of a shot | ||||||
12 | size no larger than lead BB or steel T (.20
diameter) may be | ||||||
13 | used to take species protected by this Act.
| ||||||
14 | (mm) Nothing contained in this Act shall prohibit the use | ||||||
15 | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | ||||||
16 | gauge, with a rifled barrel.
| ||||||
17 | (Source: P.A. 93-807, eff. 7-24-04; 94-764, eff. 1-1-07.)
| ||||||
18 | (520 ILCS 5/2.36) (from Ch. 61, par. 2.36)
| ||||||
19 | Sec. 2.36. It shall be unlawful to buy, sell or barter, or | ||||||
20 | offer to buy,
sell or
barter, and for a commercial institution, | ||||||
21 | other than a regularly
operated refrigerated storage | ||||||
22 | establishment, to have in its possession
any of the wild birds, | ||||||
23 | or any part thereof (and their eggs), or wild
mammals or any | ||||||
24 | parts thereof, protected by this Act unless
done as hereinafter | ||||||
25 | provided:
|
| |||||||
| |||||||
1 | Game birds or any parts thereof (and their eggs), may be | ||||||
2 | held,
possessed, raised and sold, or otherwise dealt with, as | ||||||
3 | provided in
Section 3.23 of this Act or when legally produced | ||||||
4 | under similar special
permit in another state or country and | ||||||
5 | legally transported into the
State of Illinois; provided that | ||||||
6 | such imported game birds or any parts
thereof, shall be marked | ||||||
7 | with permanent irremovable tags, or similar
devices, to | ||||||
8 | establish and retain their origin and identity;
| ||||||
9 | Rabbits may be legally taken and possessed as provided in | ||||||
10 | Sections
3.23 and 3.24 of this Act;
| ||||||
11 | Deer, or any parts thereof, may be held, possessed, sold or | ||||||
12 | otherwise
dealt with as provided in this Section and Sections | ||||||
13 | 3.23 and 3.24 of this Act;
| ||||||
14 | Fur-bearing mammals, or any parts thereof, may be held, | ||||||
15 | possessed,
sold or otherwise dealt with as provided in Sections | ||||||
16 | 3.16 ,
and 3.24 , and 3.27-a of
this Act or when legally taken | ||||||
17 | and possessed in Illinois or
legally taken and possessed in and | ||||||
18 | transported from other
states or countries;
| ||||||
19 | The inedible parts of game mammals may be held, possessed, | ||||||
20 | sold or
otherwise dealt with when legally taken, in Illinois or | ||||||
21 | legally taken and
possessed in and transported
from other | ||||||
22 | states or countries.
| ||||||
23 | Failure to establish proof of the legality of possession in | ||||||
24 | another
state or country and importation into the State of | ||||||
25 | Illinois, shall be
prima facie evidence that such game birds or | ||||||
26 | any parts thereof, and
their eggs, game mammals and fur-bearing |
| |||||||
| |||||||
1 | mammals, or any parts thereof,
were taken within the State of | ||||||
2 | Illinois.
| ||||||
3 | (Source: P.A. 82-434.)
| ||||||
4 | (520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
| ||||||
5 | Sec. 3.5. Penalties; probation.
| ||||||
6 | (a) Any person who violates any of the provisions of | ||||||
7 | Section
2.36a,
including administrative rules, shall be guilty | ||||||
8 | of a Class 3 felony, except
as otherwise provided in subsection | ||||||
9 | (b) of this Section and subsection (a) of
Section 2.36a.
| ||||||
10 | (b) Whenever any person who has not previously been | ||||||
11 | convicted of, or
placed
on probation or court supervision for, | ||||||
12 | any offense under Section 1.22,
2.36, or 2.36a or subsection | ||||||
13 | (i) or (cc) of Section
2.33, the court may, without entering a
| ||||||
14 | judgment and with the person's consent, sentence the person to | ||||||
15 | probation for a
violation of Section 2.36a.
| ||||||
16 | (1) When a person is placed on probation, the court | ||||||
17 | shall enter an order
specifying a period of probation of 24 | ||||||
18 | months and shall defer further
proceedings in
the case | ||||||
19 | until the conclusion of the period or until the filing of a | ||||||
20 | petition
alleging violation of a term or condition of | ||||||
21 | probation.
| ||||||
22 | (2) The conditions of probation shall be that the | ||||||
23 | person:
| ||||||
24 | (A) Not violate
any criminal statute of any | ||||||
25 | jurisdiction.
|
| |||||||
| |||||||
1 | (B) Perform no less than 30 hours of community | ||||||
2 | service, provided
community
service is available in | ||||||
3 | the jurisdiction and is funded and approved by the
| ||||||
4 | county board.
| ||||||
5 | (3) The court may, in addition to other conditions:
| ||||||
6 | (A) Require that the person make a report to and | ||||||
7 | appear in person before
or participate with the
court | ||||||
8 | or courts, person, or social service agency as directed | ||||||
9 | by the
court in the order of probation.
| ||||||
10 | (B) Require that the person pay a fine and costs.
| ||||||
11 | (C) Require that the person refrain from | ||||||
12 | possessing a firearm or other
dangerous weapon.
| ||||||
13 | (D) Prohibit the person from associating with any | ||||||
14 | person who is actively
engaged in any of the activities | ||||||
15 | regulated by the permits issued or privileges
granted | ||||||
16 | by the Department of Natural Resources.
| ||||||
17 | (4) Upon violation of a term or condition of probation, | ||||||
18 | the
court
may enter a judgment on its original finding of | ||||||
19 | guilt and proceed as otherwise
provided.
| ||||||
20 | (5) Upon fulfillment of the terms and
conditions of | ||||||
21 | probation, the court shall discharge the person and dismiss
| ||||||
22 | the proceedings against the person.
| ||||||
23 | (6) A disposition of probation is considered to be a | ||||||
24 | conviction
for the purposes of imposing the conditions of | ||||||
25 | probation, for appeal, and for
administrative revocation | ||||||
26 | and suspension of licenses and privileges;
however, |
| |||||||
| |||||||
1 | discharge and dismissal under this Section is not a | ||||||
2 | conviction for
purposes of disqualification or | ||||||
3 | disabilities imposed by law upon conviction of
a crime.
| ||||||
4 | (7) Discharge and dismissal under this Section
may | ||||||
5 | occur only once
with respect to any person.
| ||||||
6 | (8) If a person is convicted of an offense under this
| ||||||
7 | Act within 5 years
subsequent to a discharge and dismissal | ||||||
8 | under this Section, the discharge and
dismissal under this | ||||||
9 | Section shall be admissible in the sentencing proceeding
| ||||||
10 | for that conviction
as a factor in aggravation.
| ||||||
11 | (9) The Circuit Clerk shall notify the Department of | ||||||
12 | State Police of all
persons convicted of or placed under | ||||||
13 | probation for violations of Section
2.36a.
| ||||||
14 | (c) Any person who violates any of the provisions of | ||||||
15 | Sections 2.9, 2.11,
2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, | ||||||
16 | 2.31, 2.32, 2.33 (except
subsections (g), (i), (o), (p), (y), | ||||||
17 | and (cc)), 2.33-1, 2.33a, 3.3,
3.4, 3.11 - 3.16, 3.19 - 3.21 | ||||||
18 | (except subsections (b), (c), (d), (e), (f), (f.5), (g), (h), | ||||||
19 | and (i)), and 3.24 - 3.26, and 3.27-a (except subsection (f)), | ||||||
20 | including administrative
rules, shall be guilty of a Class B | ||||||
21 | misdemeanor.
| ||||||
22 | Any person who violates any of the
provisions of Sections | ||||||
23 | 1.22,
2.4, 2.36 and 2.38, including administrative rules, shall | ||||||
24 | be guilty of a
Class A misdemeanor. Any second or subsequent | ||||||
25 | violations of Sections
2.4 and 2.36 shall be a Class 4 felony.
| ||||||
26 | Any person who violates any of the provisions of this Act, |
| |||||||
| |||||||
1 | including
administrative rules, during such period when his | ||||||
2 | license, privileges, or
permit is revoked or denied by virtue | ||||||
3 | of Section 3.36, shall be guilty of a
Class A misdemeanor.
| ||||||
4 | Any person who violates subsection (g), (i), (o), (p), (y), | ||||||
5 | or (cc)
of Section 2.33 shall be guilty of a Class A | ||||||
6 | misdemeanor and subject to a
fine of no less than $500 and no | ||||||
7 | more than $5,000 in addition to other
statutory penalties.
| ||||||
8 | Any person who violates any other of
the provisions of this | ||||||
9 | Act
including administrative rules, unless otherwise stated, | ||||||
10 | shall be
guilty of a petty offense. Offenses committed by | ||||||
11 | minors under the
direct control or with the consent of a parent | ||||||
12 | or guardian may subject
the parent or guardian to the penalties | ||||||
13 | prescribed in this Section.
| ||||||
14 | In addition to any fines imposed pursuant to the provisions | ||||||
15 | of this
Section or as otherwise provided in this Act, any | ||||||
16 | person found guilty of
unlawfully taking or possessing any | ||||||
17 | species protected by this Act, shall be
assessed a civil | ||||||
18 | penalty for such species in accordance with the values
| ||||||
19 | prescribed in Section 2.36a of this Act. This civil penalty | ||||||
20 | shall be
imposed by the Circuit Court for the county within | ||||||
21 | which the offense was
committed at the time of the conviction. | ||||||
22 | All penalties provided for in
this Section shall be remitted to | ||||||
23 | the Department in accordance with the
same provisions provided | ||||||
24 | for in Section 1.18 of this Act.
| ||||||
25 | (Source: P.A. 94-222, eff. 7-14-05.)
|
| |||||||
| |||||||
1 | (520 ILCS 5/3.25) (from Ch. 61, par. 3.25)
| ||||||
2 | Sec. 3.25. Any individual who, within the State of
| ||||||
3 | Illinois, holds, possesses
or engages in the breeding or | ||||||
4 | raising of live fur-bearing mammals, protected
by this Act, | ||||||
5 | except as provided in Sections 1.6 or 1.7, shall be a | ||||||
6 | fur-bearing
mammal breeder in the meaning of this Act. Before | ||||||
7 | any individual shall hold,
possess or engage in the breeding or | ||||||
8 | raising of live fur-bearing mammals,
he shall first procure a | ||||||
9 | fur-bearing mammal breeder permit. Fur-bearing
mammal breeder | ||||||
10 | permits shall be issued by the Department. The annual fee
for | ||||||
11 | each fur-bearing mammal breeder permit shall be $25. All | ||||||
12 | fur-bearing
mammal breeder permits shall expire on March 31 of | ||||||
13 | each year.
| ||||||
14 | Holders of fur-bearing mammal breeder permits may hold, | ||||||
15 | possess, engage
in the breeding or raising, sell, or otherwise | ||||||
16 | dispose of live fur-bearing
mammals or their green hides, | ||||||
17 | possessed thereunder, at any time of the year.
| ||||||
18 | Fur-bearing mammal breeders shall keep a record for 2 years | ||||||
19 | from the
date of the acquisition,
sale or other disposition
of | ||||||
20 | each live fur-bearing mammal or its green hide so raised or | ||||||
21 | propagated,
showing the date of such transaction, the name and | ||||||
22 | address of the
individual
receiving or buying such live | ||||||
23 | fur-bearing mammal or its green hide, and
when requested to do | ||||||
24 | so, shall furnish such individual with
a certificate of
| ||||||
25 | purchase showing the number and kinds of live fur-bearing | ||||||
26 | mammals or green
hides so disposed of, the date of the |
| |||||||
| |||||||
1 | transaction, the name and permit number
of the breeder, and the | ||||||
2 | name of the individual receiving,
collecting, or buying
such | ||||||
3 | live fur-bearing mammals or green hides, and such other | ||||||
4 | information
as the Department may require. Such records and | ||||||
5 | certificates of purchase
shall be immediately presented to | ||||||
6 | officers or authorized employees of the
Department, any | ||||||
7 | sheriff, deputy sheriff, or other peace officer when request
is | ||||||
8 | made for same. Failure to produce such records or certificates | ||||||
9 | of purchase
shall be prima facie evidence that such live | ||||||
10 | fur-bearing mammals or green
hides are contraband with the | ||||||
11 | State of Illinois. The holder of a fur-bearing
mammal breeder | ||||||
12 | permit may exhibit fur-bearing mammals commercially.
| ||||||
13 | Nothing in this Section shall be construed to give any such | ||||||
14 | permittee
authority to take fur-bearing mammals in their wild | ||||||
15 | state contrary to
other provisions of this Act, or to remove | ||||||
16 | such permittee from
responsibility for the observance of any | ||||||
17 | Federal Laws, rules or
regulations which may apply to such | ||||||
18 | fur-bearing mammals.
| ||||||
19 | Holders of fur-bearing mammal breeder permits may import | ||||||
20 | fur-bearing mammals
into the State of Illinois but may release | ||||||
21 | the same only after health and
disease prevention requirements | ||||||
22 | set forth by the Director and other State
agencies have been | ||||||
23 | met and permission of the Director has been granted.
| ||||||
24 | The breeding, raising and producing in captivity, and the | ||||||
25 | marketing, by
the producer, of mink (Mustela vison), red fox | ||||||
26 | (Vulpes vulpes) or arctic fox
(Alopex lagopus), as live |
| |||||||
| |||||||
1 | animals, or as animal pelts or carcasses shall be
deemed an | ||||||
2 | agricultural pursuit, and all such animals so raised in | ||||||
3 | captivity
shall be deemed domestic animals, subject to all
the | ||||||
4 | laws of the State with reference to possession and ownership as | ||||||
5 | are
applicable at any time to domestic
animals. All individuals | ||||||
6 | engaged in the foregoing
activities are fur farmers and engaged | ||||||
7 | in farming for all statutory
purposes. Such individuals are | ||||||
8 | exempt from the fur-bearing mammal breeder
permit requirements | ||||||
9 | set forth in this Section if: (1) they are defined as
farmers | ||||||
10 | for Federal income tax purposes, and (2) at least 20 percent of
| ||||||
11 | their gross farm income as reported on Federal tax form | ||||||
12 | Schedule F (Form
1040) for the previous year is generated from | ||||||
13 | the sale of mink, red fox or
arctic fox as live animals, animal | ||||||
14 | pelts or carcasses.
| ||||||
15 | No fur-bearing mammal breeder permits will be issued to | ||||||
16 | hold,
possess, or engage in the breeding and raising of striped | ||||||
17 | skunks acquired after
July 1, 1975, or coyotes acquired after | ||||||
18 | July 1, 1978 , except for a coyote that is held or possessed by | ||||||
19 | a person who holds a hound running area permit under Section | ||||||
20 | 3.27-a of this Act .
| ||||||
21 | (Source: P.A. 86-920.)
| ||||||
22 | (520 ILCS 5/3.27-a new)
| ||||||
23 | Sec. 3.27-a. Hound running area permits; requirements. | ||||||
24 | (a) Any person owning, holding, or controlling by lease any | ||||||
25 | contiguous tract of land having an area of not less than 40 |
| |||||||
| |||||||
1 | acres who desires to establish a hound running area, to | ||||||
2 | propagate and preserve foxes, coyotes, or both, and to run | ||||||
3 | hounds in a hunt-like activity that is not designed to capture | ||||||
4 | or kill any fox or coyote, shall apply to the Department for a | ||||||
5 | hound running area permit under this Section. The application | ||||||
6 | shall be made under oath of the applicant or under oath of one | ||||||
7 | of its principal officers if the applicant is not an | ||||||
8 | individual. The application shall be accompanied by an annual | ||||||
9 | permit fee established by the Department by rule, which annual | ||||||
10 | fee shall not exceed $250. All hound running area permits | ||||||
11 | expire on April 30 of each year. | ||||||
12 | Every applicant under this Section must hold a fur-bearing | ||||||
13 | mammal breeder permit or apply for a fur-bearing mammal breeder | ||||||
14 | permit at the time that the applicant submits the application | ||||||
15 | for a hound running area permit. | ||||||
16 | Upon receipt of an application, the Department is | ||||||
17 | authorized to inspect the area proposed to be a hound running | ||||||
18 | area, as described in the application, the general premises, | ||||||
19 | the facilities where the foxes and coyotes are to be maintained | ||||||
20 | or propagated, and the habitat for foxes and coyotes. As part | ||||||
21 | of the application and inspection process, the Department shall | ||||||
22 | assess the ability of the applicant to operate a property of | ||||||
23 | this character. If the Department finds that the area meets the | ||||||
24 | requirements of all applicable laws and rules, that the foxes | ||||||
25 | and coyotes are or will be reasonably healthy and disease free, | ||||||
26 | and that the issuing of the permit will otherwise be in the |
| |||||||
| |||||||
1 | public interest, the Department shall approve the application | ||||||
2 | and issue the permit for the operation of the property | ||||||
3 | described in the application with the rights and subject to the | ||||||
4 | limitations prescribed in this Section. | ||||||
5 | The holder of a hound running area permit may maintain | ||||||
6 | foxes and coyotes in temporary confinement facilities on the | ||||||
7 | hound running area or at another location inspected by the | ||||||
8 | Department and specified on the permit. Foxes and coyotes held | ||||||
9 | by a permit holder may be released only into a hound running | ||||||
10 | area. No fox or coyote held by a permit holder may be released | ||||||
11 | to the wild, exported, or given to a person that does not hold | ||||||
12 | a hound running area permit or a fur-bearing mammal breeder | ||||||
13 | permit, except with written authorization of the Director. | ||||||
14 | (b) No hound running area shall be operated in a manner | ||||||
15 | inconsistent with the following: | ||||||
16 | (1) Foxes and coyotes in a hound running area may be | ||||||
17 | chased with dogs, but not in a manner or with the intent to | ||||||
18 | capture or kill. The Department shall promulgate rules that | ||||||
19 | describe appropriate and prohibited activities for a hound | ||||||
20 | running area. | ||||||
21 | (2) Every hound running area must have a minimum of one | ||||||
22 | dog-proof escape area for each 20 acres or remaining | ||||||
23 | fraction thereof of hound running area.
A dog-proof escape | ||||||
24 | area must be available for use by a fox or a coyote any | ||||||
25 | time dogs are present on the area. "Dog-proof escape area" | ||||||
26 | means a culvert, brush pile, fenced refuge, or other
|
| |||||||
| |||||||
1 | structure suitable for use by a fox or coyote to safely | ||||||
2 | escape from dogs present on the
hound running area. | ||||||
3 | Dog-proof escape areas shall not be located immediately | ||||||
4 | adjacent to each other. | ||||||
5 | (3) Every hound running area shall promptly post on the | ||||||
6 | hound running area, at intervals of not more than 500 feet, | ||||||
7 | signs prescribed by the Department by rule. The boundaries | ||||||
8 | of the land on which the hound running area is located | ||||||
9 | shall also be clearly defined by fencing, natural or | ||||||
10 | artificial boundaries, or barriers and signs pursuant to | ||||||
11 | standards prescribed by the Department by rule. The fencing | ||||||
12 | or barriers on the hound running area shall be designed to | ||||||
13 | prohibit any fox or coyote in the hound running area from | ||||||
14 | escaping the area. The fencing or barriers on the area | ||||||
15 | shall also be designed to prevent any other foxes or | ||||||
16 | coyotes from entering the area. The area, signage, fencing, | ||||||
17 | barriers, boundary marking, dog-proof escape areas, and | ||||||
18 | facilities to maintain the foxes and coyotes in the area | ||||||
19 | and prevent other foxes and coyotes from entering the area | ||||||
20 | are subject to inspection by an officer, employee, or agent | ||||||
21 | of the Department at any reasonable time. | ||||||
22 | (4) The holder of a hound running area permit may | ||||||
23 | maintain foxes and coyotes in temporary confinement | ||||||
24 | facilities on the hound running area or at another location | ||||||
25 | inspected by the Department and specified on the permit. | ||||||
26 | Foxes and coyotes held by a permit holder may only be |
| |||||||
| |||||||
1 | released into a hound running area. No fox or coyote held | ||||||
2 | by a permit holder may be released to the wild, exported, | ||||||
3 | or given to a person that does not hold a hound running | ||||||
4 | area permit or a fur-bearing mammal breeder permit, except | ||||||
5 | with written authorization of the Director. Prior to being | ||||||
6 | released into a hound running area, all newly acquired | ||||||
7 | foxes and coyotes shall be provided a minimum of 7 days to | ||||||
8 | acclimate to the hound running area in which the animal | ||||||
9 | will be chased. Any fox or coyote held under a permit is | ||||||
10 | subject to inspection by an agent of the Department and | ||||||
11 | this inspection may include removal of reasonable samples | ||||||
12 | from the fox or coyote for examination. | ||||||
13 | (5) Any person, as a permit holder or an employee of a | ||||||
14 | permit holder, who releases dogs on a hound running area | ||||||
15 | shall have in his or her possession a valid Illinois | ||||||
16 | hunting license, except that Illinois residents 15 years of | ||||||
17 | age or under and 65 years of age or over are exempt from | ||||||
18 | this requirement. | ||||||
19 | (6) The hound running area permit holder shall keep | ||||||
20 | accurate permanent records on forms prescribed by the | ||||||
21 | Department. The permanent record shall include, as to each | ||||||
22 | supplier of foxes or coyotes, (i) the supplier's full name, | ||||||
23 | address, and telephone number, (ii) the number, sex, and | ||||||
24 | ear tag designation of each animal purchased, donated, | ||||||
25 | sold, traded, or given to the permit holder by that | ||||||
26 | supplier, and (iii) the date of the event or transaction. |
| |||||||
| |||||||
1 | The permanent record shall also include the identification | ||||||
2 | of all foxes and coyotes, while under the control of the | ||||||
3 | permit holder on the area or elsewhere, by ear tag | ||||||
4 | designation and sex, along with information for each fox or | ||||||
5 | coyote that gave birth, was born, died, or was disposed of | ||||||
6 | in some other manner or that was sold, traded, donated, or | ||||||
7 | conveyed in some other manner, and the dates on which those | ||||||
8 | events occurred. | ||||||
9 | (7) Every permit holder shall attach individually | ||||||
10 | marked ear tags provided by the Department to each fox or | ||||||
11 | coyote maintained by the permit holder. The permit holder | ||||||
12 | shall pay a fee for each ear tag as established by the | ||||||
13 | Department by rule, but the fee shall not exceed one dollar | ||||||
14 | per tag. The permit holder shall record the ear tag number | ||||||
15 | for each animal maintained on the area or elsewhere or | ||||||
16 | released into the area. | ||||||
17 | (8) Any person using the hound running area as part of | ||||||
18 | a hound running activity shall at all times respect the | ||||||
19 | rights of persons who own the area and those persons who | ||||||
20 | own the land adjacent to the area, and shall not injure or | ||||||
21 | destroy any livestock or property of these land owners. | ||||||
22 | Trees or shrubs shall not be mutilated or cut, nor shall | ||||||
23 | berries, fruits, or nuts be picked within the hound running | ||||||
24 | area, except by permission of the permit holder. Springs | ||||||
25 | and streams shall not be contaminated or polluted in any | ||||||
26 | manner by persons using the hound running area; however, |
| |||||||
| |||||||
1 | the natural use of springs and streams by dogs using the | ||||||
2 | area shall not constitute contamination or pollution. | ||||||
3 | (c) Except as otherwise provided in this Section, it is | ||||||
4 | unlawful for any person, except by special permission of a duly | ||||||
5 | authorized representative of the Department, to enter or go | ||||||
6 | upon a hound running area at any time of the year with a | ||||||
7 | firearm, bow and arrow, or trap. | ||||||
8 | (d) A hound running area permit is not transferable from | ||||||
9 | one person to another. When a permit holder sells or leases the | ||||||
10 | property that comprises or includes a hound running area and | ||||||
11 | the purchaser or lessee intends to continue to use the hound | ||||||
12 | running area pursuant to this Section, the purchaser or lessee | ||||||
13 | must apply for a permit as provided in subsection (a) of this | ||||||
14 | Section. | ||||||
15 | (e) All foxes and coyotes acquired in conjunction with the | ||||||
16 | operation of a hound running area must be from legal sources. | ||||||
17 | (f) A person breeding or otherwise maintaining a fox or | ||||||
18 | coyote in conjunction with a hound running area must have the | ||||||
19 | fox or coyote inspected and certified to be a coyote, Red fox, | ||||||
20 | or Gray fox and to be disease free by a licensed Illinois | ||||||
21 | veterinarian. Anyone violating this subsection is guilty of a | ||||||
22 | business offense and shall be fined an amount not exceeding | ||||||
23 | $5,000.
| ||||||
24 | (520 ILCS 5/3.33) (from Ch. 61, par. 3.33)
| ||||||
25 | Sec. 3.33. The Department may either refuse to issue or |
| |||||||
| |||||||
1 | refuse to renew or may
suspend or may revoke any game breeding | ||||||
2 | and hunting preserve area license or hound running area permit.
| ||||||
3 | if the Department finds that such licensed area or the operator | ||||||
4 | thereof is
not complying or does not comply with the provisions | ||||||
5 | of Section 3.35 of
this Act, or that such property , or area is | ||||||
6 | operated in violation of other
provisions of this Act, or in an | ||||||
7 | unlawful or illegal manner; however, the
Department shall not | ||||||
8 | refuse to issue, refuse to renew nor suspend or revoke
any | ||||||
9 | license for any of these causes, unless the licensee affected | ||||||
10 | has been
given at least 15 days notice, in writing, of the | ||||||
11 | reasons for the action of
the Department and an opportunity to | ||||||
12 | appear before the Department or a
representative thereof in | ||||||
13 | opposition to the action of the Department. Upon
the hearing of | ||||||
14 | any such proceeding, the person designated by the Department
to | ||||||
15 | conduct the hearing may administer oaths and the Department may | ||||||
16 | procure,
by its subpoena, the attendance of witnesses and the | ||||||
17 | production of relevant
books and papers. The Circuit Court upon | ||||||
18 | application either of the licensee
affected, or of the | ||||||
19 | Department, may, on order duly entered, require the
attendance | ||||||
20 | of witnesses and the production of relevant books and papers
| ||||||
21 | before the Department or its representative in any such | ||||||
22 | hearing. Upon
refusal or neglect to obey its order, the Court | ||||||
23 | may compel obedience by
proceedings for contempt of court.
| ||||||
24 | (Source: P.A. 84-150.)
| ||||||
25 | (520 ILCS 5/3.35) (from Ch. 61, par. 3.35)
|
| |||||||
| |||||||
1 | Sec. 3.35. Any licensee, or any other person, who willfully | ||||||
2 | and intentionally
transfers or permits the transfer of the tags | ||||||
3 | issued to the operator of one
licensed game breeding and | ||||||
4 | hunting preserve area to the operator of
another licensed game | ||||||
5 | breeding and hunting preserve area, or to any other
person, or | ||||||
6 | who affixes such tags to game birds not taken from a licensed
| ||||||
7 | game breeding and hunting preserve area or to game birds taken | ||||||
8 | from any
area other than the area for which such tags were | ||||||
9 | issued, is guilty of a
Class B misdemeanor. | ||||||
10 | Any hound running area permit holder, or any other person, | ||||||
11 | who intentionally transfers a permit ear tag issued to the | ||||||
12 | permit holder for a hound running area to another permit holder | ||||||
13 | for a hound running area, or to any other person, or who | ||||||
14 | affixes such a tag to a fox or coyote that was not maintained | ||||||
15 | at a hound running area, is guilty of a Class B misdemeanor.
| ||||||
16 | (Source: P.A. 84-150.)
| ||||||
17 | Section 10. The Illinois Dangerous Animals Act is amended | ||||||
18 | by changing Section 1 as follows:
| ||||||
19 | (720 ILCS 585/1) (from Ch. 8, par. 241)
| ||||||
20 | Sec. 1. No person shall have a right of property in, keep, | ||||||
21 | harbor,
care for, act as custodian
of or maintain in
his | ||||||
22 | possession any dangerous animal except at a properly maintained | ||||||
23 | zoological
park, federally licensed
exhibit, circus, | ||||||
24 | scientific or
educational institution, research laboratory, |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | veterinary hospital , hound running area, or animal
refuge in an | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | escape-proof enclosure.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (Source: P.A. 84-28.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||