99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB0044

 

Introduced 1/15/2015, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
515 ILCS 5/1-45.5 new
515 ILCS 5/1-215  from Ch. 56, par. 1-215
515 ILCS 5/10-80  from Ch. 56, par. 10-80
520 ILCS 5/1.2e-5 new
520 ILCS 5/1.25  from Ch. 61, par. 1.25
520 ILCS 5/2.33  from Ch. 61, par. 2.33
520 ILCS 5/3.5  from Ch. 61, par. 3.5

    Amends the Fish and Aquatic Life Code. Defines the term, "Drone". Makes the use of a drone an illegal method of taking fish and aquatic life. Provides that the use of a drone as a fishing device constitutes a public nuisance, making the drone subject to confiscation. Amends the Wildlife Code. Defines the term, "Drone". Prohibits the use of a drone in the taking of wildlife. Provides that the use of a drone as a hunting device constitutes a public nuisance, making the drone subject to confiscation. Penalizes the taking of wildlife by use of a drone as a Class A misdemeanor in addition to other statutory penalties.


LRB099 02771 RJF 22779 b

 

 

A BILL FOR

 

SB0044LRB099 02771 RJF 22779 b

1    AN ACT concerning wildlife.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Fish and Aquatic Life Code is amended by
5changing Sections 1-215 and 10-80 and by adding Section 1-45.5
6as follows:
 
7    (515 ILCS 5/1-45.5 new)
8    Sec. 1-45.5. Drone. "Drone" means an unmanned aerial
9vehicle.
 
10    (515 ILCS 5/1-215)  (from Ch. 56, par. 1-215)
11    Sec. 1-215. Illegal fishing devices; public nuisance.
12Every fishing device, including seines, nets, or traps, or any
13electrical device or any other devices, including vehicles,
14watercraft, or aircraft, or drones, used or operated illegally
15or attempted to be used or operated illegally by any person in
16taking, transporting, holding, or conveying any aquatic life
17contrary to this Code, including administrative rules, shall be
18deemed a public nuisance and therefore illegal and subject to
19seizure and confiscation by any authorized employee of the
20Department. Upon the seizure of such an item the Department
21shall take and hold the item until disposed of as provided in
22this Code.

 

 

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1    Upon the seizure of any device because of its illegal use,
2the officer or authorized employee of the Department making the
3seizure shall, as soon as reasonably possible, cause a
4complaint to be filed before the Circuit Court and a summons to
5be issued requiring the owner or person in possession of the
6property to appear in court and show cause why the device
7seized should not be forfeited to the State. Upon the return of
8the summons duly served or upon posting or publication of
9notice as provided in this Code, the court shall proceed to
10determine the question of the illegality of the use of the
11seized property. Upon judgment being entered to the effect that
12the property was illegally used, an order shall be entered
13providing for the forfeiture of the seized property to the
14State. The owner of the property, however, may have a jury
15determine the illegality of its use, and shall have the right
16of an appeal as in other civil cases. Confiscation or
17forfeiture shall not preclude or mitigate against prosecution
18and assessment of penalties provided in Section 20-35 of this
19Code.
20    Upon seizure of any property under circumstances
21supporting a reasonable belief that the property was abandoned,
22lost, stolen, or otherwise illegally possessed or used contrary
23to this Code, except property seized during a search or arrest,
24and ultimately returned, destroyed, or otherwise disposed of
25under order of a court in accordance with this Code, the
26authorized employee of the Department shall make reasonable

 

 

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1inquiry and efforts to identify and notify the owner or other
2person entitled to possession of the property and shall return
3the property after the person provides reasonable and
4satisfactory proof of his or her ownership or right to
5possession and reimburses the Department for all reasonable
6expenses of custody. If the identity or location of the owner
7or other person entitled to possession of the property has not
8been ascertained within 6 months after the Department obtains
9possession, the Department shall effectuate the sale of the
10property for cash to the highest bidder at a public auction.
11The owner or other person entitled to possession of the
12property may claim and recover possession of the property at
13any time before its sale at public auction upon providing
14reasonable and satisfactory proof of ownership or right of
15possession and reimbursing the Department for all reasonable
16expenses of custody.
17    Any property forfeited to the State by court order under
18this Section may be disposed of by public auction, except that
19any property that is the subject of a court order shall not be
20disposed of pending appeal of the order. The proceeds of the
21sales at auction shall be deposited in the Wildlife and Fish
22Fund.
23    The Department shall pay all costs of posting or
24publication of notices required by this Section.
25(Source: P.A. 87-833.)
 

 

 

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1    (515 ILCS 5/10-80)  (from Ch. 56, par. 10-80)
2    Sec. 10-80. Illegal methods of taking. It shall be unlawful
3to take any aquatic life by the use of electricity or any
4electrical device; a lime, acid, medical, chemical, or
5mechanical compound or dope of any medicated drug; any drug or
6any fishberry; any dynamite, giant powder, nitro glycerine, or
7other explosives; or by means of a snare, treated grain,
8firearms of any kind, air gun or gas gun, wire basket, wire
9seine, wire net, wire trotline, or limb lines of any kind; or
10by use of a drone.
11(Source: P.A. 87-833.)
 
12    Section 10. The Wildlife Code is amended by changing
13Sections 1.25, 2.33, and 3.5 and by adding Section 1.2e-5 as
14follows:
 
15    (520 ILCS 5/1.2e-5 new)
16    Sec. 1.2e-5. Drone. "Drone" means an unmanned aerial
17vehicle.
 
18    (520 ILCS 5/1.25)  (from Ch. 61, par. 1.25)
19    Sec. 1.25. Every hunting or trapping device, drone, vehicle
20or conveyance, when used or operated illegally, or attempted to
21be used or operated illegally by any person in taking,
22transporting, holding, or conveying any wild bird or wild
23mammal, contrary to the provisions of this Act, including

 

 

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1administrative rules, is a public nuisance and subject to
2seizure and confiscation by any authorized employee of the
3Department; upon the seizure of such item the Department shall
4take and hold the same until disposed of as hereinafter
5provided.
6    Upon the seizure of any property as herein provided, the
7authorized employee of the Department making such seizure shall
8forthwith cause a complaint to be filed before the Circuit
9Court and a summons to be issued requiring the person who
10illegally used or operated or attempted to use or operate such
11property and the owner and person in possession of such
12property to appear in court and show cause why the property
13seized should not be forfeited to the State. Upon the return of
14the summons duly served or other notice as herein provided, the
15court shall proceed to determine the question of the illegality
16of the use of the seized property and upon judgment being
17entered to the effect that such property was illegally used, an
18order may be entered providing for the forfeiture of such
19seized property to the Department and shall thereupon become
20the property of the Department; but the owner of such property
21may have a jury determine the illegality of its use, and shall
22have the right of an appeal, as in other cases. Such
23confiscation or forfeiture shall not preclude or mitigate
24against prosecution and assessment of penalties otherwise
25provided in this Act.
26    Upon seizure of any property under circumstances

 

 

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1supporting a reasonable belief that such property was
2abandoned, lost or stolen or otherwise illegally possessed or
3used contrary to the provisions of this Act, except property
4seized during a search or arrest, and ultimately returned,
5destroyed, or otherwise disposed of pursuant to order of a
6court in accordance with this Act, the authorized employee of
7the Department shall make reasonable inquiry and efforts to
8identify and notify the owner or other person entitled to
9possession thereof, and shall return the property after such
10person provides reasonable and satisfactory proof of his
11ownership or right to possession and reimburses the Department
12for all reasonable expenses of such custody. If the identity or
13location of the owner or other person entitled to possession of
14the property has not been ascertained within 6 months after the
15Department obtains such possession, the Department shall
16effectuate the sale of the property for cash to the highest
17bidder at a public auction. The owner or other person entitled
18to possession of such property may claim and recover possession
19of the property at any time before its sale at public auction,
20upon providing reasonable and satisfactory proof of ownership
21or right of possession and reimbursing the Department for all
22reasonable expenses of custody thereof.
23    Any property, including guns, forfeited to the State by
24court order pursuant to this Section, may be disposed of by
25public auction, except that any property which is the subject
26of such a court order shall not be disposed of pending appeal

 

 

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1of the order. The proceeds of the sales at auction shall be
2deposited in the Wildlife and Fish Fund.
3    The Department shall pay all costs of notices required by
4this Section.
5(Source: P.A. 85-152.)
 
6    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
7    Sec. 2.33. Prohibitions.
8    (a) It is unlawful to carry or possess any gun in any State
9refuge unless otherwise permitted by administrative rule.
10    (b) It is unlawful to use or possess any snare or
11snare-like device, deadfall, net, or pit trap to take any
12species, except that snares not powered by springs or other
13mechanical devices may be used to trap fur-bearing mammals, in
14water sets only, if at least one-half of the snare noose is
15located underwater at all times.
16    (c) It is unlawful for any person at any time to take a
17wild mammal protected by this Act from its den by means of any
18mechanical device, spade, or digging device or to use smoke or
19other gases to dislodge or remove such mammal except as
20provided in Section 2.37.
21    (d) It is unlawful to use a ferret or any other small
22mammal which is used in the same or similar manner for which
23ferrets are used for the purpose of frightening or driving any
24mammals from their dens or hiding places.
25    (e) (Blank).

 

 

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1    (f) It is unlawful to use spears, gigs, hooks or any like
2device to take any species protected by this Act.
3    (g) It is unlawful to use poisons, chemicals or explosives
4for the purpose of taking any species protected by this Act.
5    (h) It is unlawful to hunt adjacent to or near any peat,
6grass, brush or other inflammable substance when it is burning.
7    (i) It is unlawful to take, pursue or intentionally harass
8or disturb in any manner any wild birds or mammals by use or
9aid of any vehicle or conveyance, except as permitted by the
10Code of Federal Regulations for the taking of waterfowl. It is
11also unlawful to use the lights of any vehicle or conveyance or
12any light from or any light connected to the vehicle or
13conveyance in any area where wildlife may be found except in
14accordance with Section 2.37 of this Act; however, nothing in
15this Section shall prohibit the normal use of headlamps for the
16purpose of driving upon a roadway. Striped skunk, opossum, red
17fox, gray fox, raccoon and coyote may be taken during the open
18season by use of a small light which is worn on the body or
19hand-held by a person on foot and not in any vehicle.
20    (j) It is unlawful to use any shotgun larger than 10 gauge
21while taking or attempting to take any of the species protected
22by this Act.
23    (k) It is unlawful to use or possess in the field any
24shotgun shell loaded with a shot size larger than lead BB or
25steel T (.20 diameter) when taking or attempting to take any
26species of wild game mammals (excluding white-tailed deer),

 

 

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1wild game birds, migratory waterfowl or migratory game birds
2protected by this Act, except white-tailed deer as provided for
3in Section 2.26 and other species as provided for by subsection
4(l) or administrative rule.
5    (l) It is unlawful to take any species of wild game, except
6white-tailed deer and fur-bearing mammals, with a shotgun
7loaded with slugs unless otherwise provided for by
8administrative rule.
9    (m) It is unlawful to use any shotgun capable of holding
10more than 3 shells in the magazine or chamber combined, except
11on game breeding and hunting preserve areas licensed under
12Section 3.27 and except as permitted by the Code of Federal
13Regulations for the taking of waterfowl. If the shotgun is
14capable of holding more than 3 shells, it shall, while being
15used on an area other than a game breeding and shooting
16preserve area licensed pursuant to Section 3.27, be fitted with
17a one piece plug that is irremovable without dismantling the
18shotgun or otherwise altered to render it incapable of holding
19more than 3 shells in the magazine and chamber, combined.
20    (n) It is unlawful for any person, except persons who
21possess a permit to hunt from a vehicle as provided in this
22Section and persons otherwise permitted by law, to have or
23carry any gun in or on any vehicle, conveyance or aircraft,
24unless such gun is unloaded and enclosed in a case, except that
25at field trials authorized by Section 2.34 of this Act,
26unloaded guns or guns loaded with blank cartridges only, may be

 

 

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1carried on horseback while not contained in a case, or to have
2or carry any bow or arrow device in or on any vehicle unless
3such bow or arrow device is unstrung or enclosed in a case, or
4otherwise made inoperable.
5    (o) It is unlawful to use any crossbow for the purpose of
6taking any wild birds or mammals, except as provided for in
7Section 2.5.
8    (p) It is unlawful to take game birds, migratory game birds
9or migratory waterfowl with a rifle, pistol, revolver or
10airgun.
11    (q) It is unlawful to fire a rifle, pistol, revolver or
12airgun on, over or into any waters of this State, including
13frozen waters.
14    (r) It is unlawful to discharge any gun or bow and arrow
15device along, upon, across, or from any public right-of-way or
16highway in this State.
17    (s) It is unlawful to use a silencer or other device to
18muffle or mute the sound of the explosion or report resulting
19from the firing of any gun.
20    (t) It is unlawful for any person to take or attempt to
21take any species of wildlife or parts thereof, intentionally or
22wantonly allow a dog to hunt, within or upon the land of
23another, or upon waters flowing over or standing on the land of
24another, or to knowingly shoot a gun or bow and arrow device at
25any wildlife physically on or flying over the property of
26another without first obtaining permission from the owner or

 

 

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1the owner's designee. For the purposes of this Section, the
2owner's designee means anyone who the owner designates in a
3written authorization and the authorization must contain (i)
4the legal or common description of property for such authority
5is given, (ii) the extent that the owner's designee is
6authorized to make decisions regarding who is allowed to take
7or attempt to take any species of wildlife or parts thereof,
8and (iii) the owner's notarized signature. Before enforcing
9this Section the law enforcement officer must have received
10notice from the owner or the owner's designee of a violation of
11this Section. Statements made to the law enforcement officer
12regarding this notice shall not be rendered inadmissible by the
13hearsay rule when offered for the purpose of showing the
14required notice.
15    (u) It is unlawful for any person to discharge any firearm
16for the purpose of taking any of the species protected by this
17Act, or hunt with gun or dog, or intentionally or wantonly
18allow a dog to hunt, within 300 yards of an inhabited dwelling
19without first obtaining permission from the owner or tenant,
20except that while trapping, hunting with bow and arrow, hunting
21with dog and shotgun using shot shells only, or hunting with
22shotgun using shot shells only, or providing outfitting
23services under a waterfowl outfitter permit, or on licensed
24game breeding and hunting preserve areas, as defined in Section
253.27, on federally owned and managed lands and on Department
26owned, managed, leased, or controlled lands, a 100 yard

 

 

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1restriction shall apply.
2    (v) It is unlawful for any person to remove fur-bearing
3mammals from, or to move or disturb in any manner, the traps
4owned by another person without written authorization of the
5owner to do so.
6    (w) It is unlawful for any owner of a dog to knowingly or
7wantonly allow his or her dog to pursue, harass or kill deer,
8except that nothing in this Section shall prohibit the tracking
9of wounded deer with a dog in accordance with the provisions of
10Section 2.26 of this Code.
11    (x) It is unlawful for any person to wantonly or carelessly
12injure or destroy, in any manner whatsoever, any real or
13personal property on the land of another while engaged in
14hunting or trapping thereon.
15    (y) It is unlawful to hunt wild game protected by this Act
16between one half hour after sunset and one half hour before
17sunrise, except that hunting hours between one half hour after
18sunset and one half hour before sunrise may be established by
19administrative rule for fur-bearing mammals.
20    (z) It is unlawful to take any game bird (excluding wild
21turkeys and crippled pheasants not capable of normal flight and
22otherwise irretrievable) protected by this Act when not flying.
23Nothing in this Section shall prohibit a person from carrying
24an uncased, unloaded shotgun in a boat, while in pursuit of a
25crippled migratory waterfowl that is incapable of normal
26flight, for the purpose of attempting to reduce the migratory

 

 

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1waterfowl to possession, provided that the attempt is made
2immediately upon downing the migratory waterfowl and is done
3within 400 yards of the blind from which the migratory
4waterfowl was downed. This exception shall apply only to
5migratory game birds that are not capable of normal flight.
6Migratory waterfowl that are crippled may be taken only with a
7shotgun as regulated by subsection (j) of this Section using
8shotgun shells as regulated in subsection (k) of this Section.
9    (aa) It is unlawful to use or possess any device that may
10be used for tree climbing or cutting, while hunting fur-bearing
11mammals, excluding coyotes.
12    (bb) It is unlawful for any person, except licensed game
13breeders, pursuant to Section 2.29 to import, carry into, or
14possess alive in this State any species of wildlife taken
15outside of this State, without obtaining permission to do so
16from the Director.
17    (cc) It is unlawful for any person to have in his or her
18possession any freshly killed species protected by this Act
19during the season closed for taking.
20    (dd) It is unlawful to take any species protected by this
21Act and retain it alive except as provided by administrative
22rule.
23    (ee) It is unlawful to possess any rifle while in the field
24during gun deer season except as provided in Section 2.26 and
25administrative rules.
26    (ff) It is unlawful for any person to take any species

 

 

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1protected by this Act, except migratory waterfowl, during the
2gun deer hunting season in those counties open to gun deer
3hunting, unless he or she wears, when in the field, a cap and
4upper outer garment of a solid blaze orange color, with such
5articles of clothing displaying a minimum of 400 square inches
6of blaze orange material.
7    (gg) It is unlawful during the upland game season for any
8person to take upland game with a firearm unless he or she
9wears, while in the field, a cap of solid blaze orange color.
10For purposes of this Act, upland game is defined as Bobwhite
11Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
12Cottontail and Swamp Rabbit.
13    (hh) It shall be unlawful to kill or cripple any species
14protected by this Act for which there is a bag limit without
15making a reasonable effort to retrieve such species and include
16such in the bag limit. It shall be unlawful for any person
17having control over harvested game mammals, game birds, or
18migratory game birds for which there is a bag limit to wantonly
19waste or destroy the usable meat of the game, except this shall
20not apply to wildlife taken under Sections 2.37 or 3.22 of this
21Code. For purposes of this subsection, "usable meat" means the
22breast meat of a game bird or migratory game bird and the hind
23ham and front shoulders of a game mammal. It shall be unlawful
24for any person to place, leave, dump, or abandon a wildlife
25carcass or parts of it along or upon a public right-of-way or
26highway or on public or private property, including a waterway

 

 

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1or stream, without the permission of the owner or tenant. It
2shall not be unlawful to discard game meat that is determined
3to be unfit for human consumption.
4    (ii) This Section shall apply only to those species
5protected by this Act taken within the State. Any species or
6any parts thereof, legally taken in and transported from other
7states or countries, may be possessed within the State, except
8as provided in this Section and Sections 2.35, 2.36 and 3.21.
9    (jj) (Blank).
10    (kk) Nothing contained in this Section shall prohibit the
11Director from issuing permits to paraplegics or to other
12disabled persons who meet the requirements set forth in
13administrative rule to shoot or hunt from a vehicle as provided
14by that rule, provided that such is otherwise in accord with
15this Act.
16    (ll) Nothing contained in this Act shall prohibit the
17taking of aquatic life protected by the Fish and Aquatic Life
18Code or birds and mammals protected by this Act, except deer
19and fur-bearing mammals, from a boat not camouflaged or
20disguised to alter its identity or to further provide a place
21of concealment and not propelled by sail or mechanical power.
22However, only shotguns not larger than 10 gauge nor smaller
23than .410 bore loaded with not more than 3 shells of a shot
24size no larger than lead BB or steel T (.20 diameter) may be
25used to take species protected by this Act.
26    (mm) Nothing contained in this Act shall prohibit the use

 

 

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1of a shotgun, not larger than 10 gauge nor smaller than a 20
2gauge, with a rifled barrel.
3    (nn) It shall be unlawful to possess any species of
4wildlife or wildlife parts taken unlawfully in Illinois, any
5other state, or any other country, whether or not the wildlife
6or wildlife parts is indigenous to Illinois. For the purposes
7of this subsection, the statute of limitations for unlawful
8possession of wildlife or wildlife parts shall not cease until
92 years after the possession has permanently ended.
10    (oo) It shall be unlawful to use a drone to take any
11species of wildlife protected by this Act.
12(Source: P.A. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12;
1398-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14;
1498-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, eff.
151-1-15.)
 
16    (520 ILCS 5/3.5)  (from Ch. 61, par. 3.5)
17    Sec. 3.5. Penalties; probation.
18    (a) Any person who violates any of the provisions of
19Section 2.36a, including administrative rules, shall be guilty
20of a Class 3 felony, except as otherwise provided in subsection
21(b) of this Section and subsection (a) of Section 2.36a.
22    (b) Whenever any person who has not previously been
23convicted of, or placed on probation or court supervision for,
24any offense under Section 1.22, 2.36, or 2.36a or subsection
25(i) or (cc) of Section 2.33, the court may, without entering a

 

 

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1judgment and with the person's consent, sentence the person to
2probation for a violation of Section 2.36a.
3        (1) When a person is placed on probation, the court
4    shall enter an order specifying a period of probation of 24
5    months and shall defer further proceedings in the case
6    until the conclusion of the period or until the filing of a
7    petition alleging violation of a term or condition of
8    probation.
9        (2) The conditions of probation shall be that the
10    person:
11            (A) Not violate any criminal statute of any
12        jurisdiction.
13            (B) Perform no less than 30 hours of community
14        service, provided community service is available in
15        the jurisdiction and is funded and approved by the
16        county board.
17        (3) The court may, in addition to other conditions:
18            (A) Require that the person make a report to and
19        appear in person before or participate with the court
20        or courts, person, or social service agency as directed
21        by the court in the order of probation.
22            (B) Require that the person pay a fine and costs.
23            (C) Require that the person refrain from
24        possessing a firearm or other dangerous weapon.
25            (D) Prohibit the person from associating with any
26        person who is actively engaged in any of the activities

 

 

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1        regulated by the permits issued or privileges granted
2        by the Department of Natural Resources.
3        (4) Upon violation of a term or condition of probation,
4    the court may enter a judgment on its original finding of
5    guilt and proceed as otherwise provided.
6        (5) Upon fulfillment of the terms and conditions of
7    probation, the court shall discharge the person and dismiss
8    the proceedings against the person.
9        (6) A disposition of probation is considered to be a
10    conviction for the purposes of imposing the conditions of
11    probation, for appeal, and for administrative revocation
12    and suspension of licenses and privileges; however,
13    discharge and dismissal under this Section is not a
14    conviction for purposes of disqualification or
15    disabilities imposed by law upon conviction of a crime.
16        (7) Discharge and dismissal under this Section may
17    occur only once with respect to any person.
18        (8) If a person is convicted of an offense under this
19    Act within 5 years subsequent to a discharge and dismissal
20    under this Section, the discharge and dismissal under this
21    Section shall be admissible in the sentencing proceeding
22    for that conviction as a factor in aggravation.
23        (9) The Circuit Clerk shall notify the Department of
24    State Police of all persons convicted of or placed under
25    probation for violations of Section 2.36a.
26    (c) Any person who violates any of the provisions of

 

 

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1Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,
22.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),
3and (cc), and (oo)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through
43.16, 3.19, 3.20, 3.21 (except subsections (b), (c), (d), (e),
5(f), (f.5), (g), (h), and (i)), 3.24, 3.25, and 3.26 (except
6subsection (f)), including administrative rules, shall be
7guilty of a Class B misdemeanor.
8    A person who violates Section 2.33b by using any computer
9software or service to remotely control a weapon that takes
10wildlife by remote operation is guilty of a Class B
11misdemeanor. A person who violates Section 2.33b by
12facilitating a violation of Section 2.33b, including an owner
13of land in which remote control hunting occurs, a computer
14programmer who designs a program or software to facilitate
15remote control hunting, or a person who provides weapons or
16equipment to facilitate remote control hunting, is guilty of a
17Class A misdemeanor.
18    Any person who violates any of the provisions of Sections
191.22, 2.2a, 2.3, 2.4, 2.36 and 2.38, including administrative
20rules, shall be guilty of a Class A misdemeanor. Any second or
21subsequent violations of Sections 2.4 and 2.36 shall be a Class
224 felony.
23    Any person who violates any of the provisions of this Act,
24including administrative rules, during such period when his
25license, privileges, or permit is revoked or denied by virtue
26of Section 3.36, shall be guilty of a Class A misdemeanor.

 

 

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1    Any person who violates subsection (oo) of Section 2.33
2shall be guilty of a Class A misdemeanor in addition to other
3statutory penalties. Any person who violates subsection (g),
4(i), (o), (p), (y), or (cc) of Section 2.33 shall be guilty of
5a Class A misdemeanor and subject to a fine of no less than
6$500 and no more than $5,000 in addition to other statutory
7penalties. In addition, the Department shall suspend the
8privileges, under this Act, of any person found guilty of
9violating Section 2.33(cc) for a period of not less than one
10year.
11    Any person who violates any other of the provisions of this
12Act including administrative rules, unless otherwise stated,
13shall be guilty of a petty offense. Offenses committed by
14minors under the direct control or with the consent of a parent
15or guardian may subject the parent or guardian to the penalties
16prescribed in this Section.
17    In addition to any fines imposed pursuant to the provisions
18of this Section or as otherwise provided in this Act, any
19person found guilty of unlawfully taking or possessing any
20species protected by this Act, shall be assessed a civil
21penalty for such species in accordance with the values
22prescribed in Section 2.36a of this Act. This civil penalty
23shall be imposed by the Circuit Court for the county within
24which the offense was committed at the time of the conviction.
25All penalties provided for in this Section shall be remitted to
26the Department in accordance with the same provisions provided

 

 

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1for in Section 1.18 of this Act.
2(Source: P.A. 97-431, eff. 8-16-11.)