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Rep. Adam Brown
Filed: 4/10/2013
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1 | | AMENDMENT TO HOUSE BILL 1652
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2 | | AMENDMENT NO. ______. Amend House Bill 1652 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Criminal Code of 2012 is amended by |
5 | | changing Section 48-3 as follows: |
6 | | (720 ILCS 5/48-3) |
7 | | Sec. 48-3. Hunter or fisherman interference. |
8 | | (a) Definitions. As used in this Section: |
9 | | "Aquatic life" means all fish, reptiles, amphibians, |
10 | | crayfish, and mussels the taking of which is
authorized
by |
11 | | the Fish and Aquatic Life Code. |
12 | | "Interfere with" means to take any action that |
13 | | physically impedes, hinders,
or obstructs the lawful |
14 | | taking of wildlife or aquatic life. |
15 | | "Taking" means the capture or killing of wildlife or |
16 | | aquatic life and
includes
travel, camping, and other acts |
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1 | | preparatory to taking which occur on lands
or waters upon |
2 | | which the affected person has the right or privilege to |
3 | | take
such wildlife or aquatic life. |
4 | | "Wildlife" means any wildlife the taking of which is
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5 | | authorized
by the Wildlife Code and includes those species |
6 | | that are lawfully
released by properly licensed permittees |
7 | | of the Department of Natural
Resources. |
8 | | (b) A person commits hunter or fisherman interference when |
9 | | he or she intentionally or knowingly: |
10 | | (1) obstructs or interferes with the lawful taking of
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11 | | wildlife or aquatic life by another person with the |
12 | | specific
intent to prevent that lawful taking; |
13 | | (2) drives or disturbs wildlife or aquatic life for the |
14 | | purpose of disrupting a lawful
taking of wildlife or |
15 | | aquatic life; |
16 | | (3) blocks, impedes, or physically harasses another |
17 | | person who is engaged
in the process of lawfully taking |
18 | | wildlife or aquatic life; |
19 | | (4) uses natural or artificial visual, aural, |
20 | | olfactory, gustatory, or
physical stimuli to affect |
21 | | wildlife or aquatic life behavior in order to hinder or |
22 | | prevent the
lawful taking of wildlife or aquatic life; |
23 | | (5) erects barriers with the intent to deny ingress or |
24 | | egress to or from
areas where the lawful taking of wildlife |
25 | | or aquatic life may occur; |
26 | | (6) intentionally interjects himself or herself into |
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1 | | the line of fire or fishing lines of a
person lawfully |
2 | | taking wildlife or aquatic life; |
3 | | (7) affects the physical condition or placement of |
4 | | personal or public
property intended for use in the lawful |
5 | | taking of wildlife or aquatic life in order to
impair the |
6 | | usefulness of the property or prevent the use of the |
7 | | property; |
8 | | (8) enters or remains upon or over private lands |
9 | | without the permission of
the
owner or the owner's agent, |
10 | | with the intent to violate this subsection; or |
11 | | (9) fails to obey the order of a peace officer to |
12 | | desist from conduct
in violation of this subsection (b) if |
13 | | the officer observes the conduct,
or has reasonable grounds |
14 | | to believe that the person has engaged in the conduct that |
15 | | day or that the person plans or intends to engage in the |
16 | | conduct
that day on a specific premises ; or . |
17 | | (10) uses a drone in a way that interferes with another |
18 | | person's lawful taking of
wildlife or aquatic life. For the |
19 | | purposes of this paragraph (10), "drone" means any aerial |
20 | | vehicle that does not carry a human operator. |
21 | | (c) Exemptions; defenses. |
22 | | (1) This Section does not apply to actions performed by |
23 | | authorized employees of
the Department of Natural |
24 | | Resources, duly accredited officers of the U.S. Fish
and |
25 | | Wildlife Service, sheriffs, deputy sheriffs, or other |
26 | | peace officers if the
actions are authorized by law and are |
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1 | | necessary for the performance of their
official duties. |
2 | | (2) This Section does not apply to landowners, tenants, |
3 | | or lease holders
exercising their legal rights to the |
4 | | enjoyment of land, including, but not
limited to, farming |
5 | | and restricting trespass. |
6 | | (3) It is an affirmative defense to a prosecution for a |
7 | | violation of this
Section that the defendant's conduct is |
8 | | protected by his or her right to
freedom of speech under |
9 | | the constitution of this State or the United States. |
10 | | (4) Any interested parties may engage in protests or |
11 | | other free speech activities
adjacent to or on the |
12 | | perimeter of the location where the lawful taking of |
13 | | wildlife or aquatic life is taking place, provided that |
14 | | none of the provisions of this Section
are being violated. |
15 | | (d) Sentence. A first violation of paragraphs (1) through |
16 | | (8) of subsection (b) is a Class B misdemeanor. A second or |
17 | | subsequent violation of
paragraphs (1) through (8) of |
18 | | subsection (b) is a Class A misdemeanor for which imprisonment |
19 | | for not less than 7 days shall be imposed. A
person guilty of a |
20 | | second or subsequent violation of paragraphs (1) through (8) of |
21 | | subsection (b) is not
eligible for court
supervision. A |
22 | | violation of paragraph (9) or (10) of subsection (b) is a Class |
23 | | A misdemeanor. A court shall revoke, for a period of one year |
24 | | to 5 years, any Illinois
hunting, fishing, or trapping |
25 | | privilege, license or permit of any person
convicted of |
26 | | violating any provision of this Section. For
purposes of this |
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1 | | subsection, a "second or subsequent violation" means a |
2 | | conviction
under paragraphs (1) through (8) of subsection (b) |
3 | | of this Section within 2 years of a prior violation arising |
4 | | from a separate set
of circumstances. |
5 | | (e) Injunctions; damages. |
6 | | (1) Any court may enjoin conduct which would be in |
7 | | violation
of paragraphs (1) through (8) or (10) of |
8 | | subsection (b) upon petition by a person affected or who |
9 | | reasonably
may be affected by the conduct, upon a showing |
10 | | that the conduct is threatened
or that it has occurred on a |
11 | | particular premises in the past and that it
is not |
12 | | unreasonable to expect that under similar circumstances it |
13 | | will be
repeated. |
14 | | (2) A court shall award all resulting costs and damages |
15 | | to any person
adversely affected by a violation of |
16 | | paragraphs (1) through (8) or (10) of subsection (b), which |
17 | | may include an award for
punitive damages. In addition to |
18 | | other items of special damage, the measure of
damages may |
19 | | include expenditures of the affected person for license and |
20 | | permit
fees, travel, guides, special equipment and |
21 | | supplies, to the extent that these
expenditures were |
22 | | rendered futile by prevention of the taking of wildlife or |
23 | | aquatic life.
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24 | | (Source: P.A. 97-1108, eff. 1-1-13.)
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25 | | Section 99. Effective date. This Act takes effect upon |