Full Text of HB0201 95th General Assembly
HB0201 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0201
Introduced 1/19/2007, by Rep. Dan Reitz SYNOPSIS AS INTRODUCED: |
|
520 ILCS 5/2.33b new |
|
520 ILCS 5/3.5 |
from Ch. 61, par. 3.5 |
|
Amends the Wildlife Code. Provides that a person may not operate, provide, sell, use, or offer to operate, provide, sell, or use any computer software or service that allows a person not physically present at the hunt site to remotely control a weapon that could be used to take wildlife by remote operation, including, but not limited to, weapons or devices set up to fire through the use of the Internet or through a remote control device.
Provides that a violation is a Class B misdemeanor. Provides that a person who facilitates the use of software or services to hunt by remote control is guilty of a Class A misdemeanor. Effective immediately. |
| |
|
|
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
|
|
A BILL FOR
|
|
|
|
|
HB0201 |
|
LRB095 04223 CMK 24264 b |
|
| 1 |
| AN ACT concerning wildlife.
| 2 |
| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 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.
| 8 |
| A person shall not operate, provide, sell, use, or offer to
| 9 |
| operate, provide, sell, or use any computer software or service
| 10 |
| that allows a person not physically present at the hunt site to
| 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.
| 15 |
| (520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
| 16 |
| Sec. 3.5. Penalties; probation.
| 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.
| 21 |
| (b) Whenever any person who has not previously been | 22 |
| convicted of, or
placed
on probation or court supervision for, |
|
|
|
HB0201 |
- 2 - |
LRB095 04223 CMK 24264 b |
|
| 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
| 3 |
| judgment and with the person's consent, sentence the person to | 4 |
| probation for a
violation of Section 2.36a.
| 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.
| 11 |
| (2) The conditions of probation shall be that the | 12 |
| person:
| 13 |
| (A) Not violate
any criminal statute of any | 14 |
| jurisdiction.
| 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
| 18 |
| county board.
| 19 |
| (3) The court may, in addition to other conditions:
| 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.
| 24 |
| (B) Require that the person pay a fine and costs.
| 25 |
| (C) Require that the person refrain from | 26 |
| possessing a firearm or other
dangerous weapon.
|
|
|
|
HB0201 |
- 3 - |
LRB095 04223 CMK 24264 b |
|
| 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.
| 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.
| 8 |
| (5) Upon fulfillment of the terms and
conditions of | 9 |
| probation, the court shall discharge the person and dismiss
| 10 |
| the proceedings against the person.
| 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.
| 18 |
| (7) Discharge and dismissal under this Section
may | 19 |
| occur only once
with respect to any person.
| 20 |
| (8) If a person is convicted of an offense under this
| 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
| 24 |
| for that conviction
as a factor in aggravation.
| 25 |
| (9) The Circuit Clerk shall notify the Department of | 26 |
| State Police of all
persons convicted of or placed under |
|
|
|
HB0201 |
- 4 - |
LRB095 04223 CMK 24264 b |
|
| 1 |
| probation for violations of Section
2.36a.
| 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.
| 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.
| 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.
| 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.
|
|
|
|
HB0201 |
- 5 - |
LRB095 04223 CMK 24264 b |
|
| 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.
| 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.
| 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
| 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.
| 22 |
| (Source: P.A. 94-222, eff. 7-14-05.)
| 23 |
| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
|
|