Illinois General Assembly - Full Text of SB3184
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Full Text of SB3184  102nd General Assembly

SB3184 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3184

 

Introduced 1/13/2022, by Sen. Christopher Belt

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 805/805-535  was 20 ILCS 805/63b2.2
510 ILCS 68/70-5
515 ILCS 5/1-17 new
515 ILCS 5/1-18 new
515 ILCS 5/1-26 new
515 ILCS 5/5-20  from Ch. 56, par. 5-20
515 ILCS 5/10-80  from Ch. 56, par. 10-80
515 ILCS 5/10-140  from Ch. 56, par. 10-140
515 ILCS 5/20-45  from Ch. 56, par. 20-45
515 ILCS 5/20-105  from Ch. 56, par. 20-105
515 ILCS 5/10-47 rep.
515 ILCS 5/10-45 rep.
520 ILCS 5/1.2j  from Ch. 61, par. 1.2j
520 ILCS 5/1.2j-2 new
520 ILCS 5/2.30  from Ch. 61, par. 2.30
520 ILCS 5/2.33  from Ch. 61, par. 2.33
520 ILCS 5/2.36a  from Ch. 61, par. 2.36a
520 ILCS 5/3.1  from Ch. 61, par. 3.1
520 ILCS 5/3.1-2  from Ch. 61, par. 3.1-2
520 ILCS 5/3.25  from Ch. 61, par. 3.25
520 ILCS 5/3.36  from Ch. 61, par. 3.36
525 ILCS 20/6
720 ILCS 5/24-2

    Amends the Department of Natural Resources (Conservation) Law. Requires Conservation Police Officers hired after July 1, 2022 to obtain certification pursuant to the Illinois Police Training Act. Limits powers of arrest and permission to carry firearms to Conservation Police Officers 21 years of age or older. Amends Herptiles-Herps Act, Fish and Aquatic Life Code, Wildlife Code, and Ginseng Harvesting Act. In provisions concerning violations, adds violations of United States Code. Defines terms. Makes other changes. Amends Deadly Weapons Article of Criminal Code 2012. Limits specified exemption to hunting, trapping or fishing that is lawful as defined by statute. Effective immediately.


LRB102 22923 CMG 32077 b

 

 

A BILL FOR

 

SB3184LRB102 22923 CMG 32077 b

1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Natural Resources
5(Conservation) Law of the Civil Administrative Code of
6Illinois is amended by changing Section 805-535 as follows:
 
7    (20 ILCS 805/805-535)  (was 20 ILCS 805/63b2.2)
8    Sec. 805-535. Conservation Police Officers. In addition to
9the arrest powers prescribed by law, Conservation Police
10Officers are conservators of the peace and as such have all
11powers possessed by policemen, except that they may exercise
12those powers anywhere in this State. Conservation Police
13Officers acting under the authority of this Section are
14considered employees of the Department and are subject to its
15direction, benefits, and legal protection.
16    Any person hired by the Department of Natural Resources
17after July 1, 2022 2001 for a sworn law enforcement position or
18position that has arrest authority must meet the following
19minimum professional standards:
20        (1) At the time of hire, the person must be not less
21    than 21 years of age, or 20 years of age and have
22    successfully completed an associate's degree or 60 credit
23    hours at an accredited college or university. Any person

 

 

SB3184- 2 -LRB102 22923 CMG 32077 b

1    hired after successful completion of an associate's degree
2    or 60 credit hours at an accredited college or university
3    shall not have power of arrest, nor shall he or she be
4    permitted to carry firearms, until he or she reaches 21
5    years of age; hold (i) a 2-year degree and 3 consecutive
6    years of experience as a police officer with the same law
7    enforcement agency or (ii) a 4-year degree.
8        (2) The person must possess the skill level and
9    demonstrate the ability to swim at a competency level
10    approved by the Department in an administrative rule; and
11    . The Department's administrative rule must require the
12    person to use techniques established by the American Red
13    Cross.
14        (3) The person must successfully obtain certification
15    pursuant to the Illinois Police Training Act as a police
16    officer under the standards in effect at that time unless
17    that person already holds that certification and must also
18    successfully complete the Conservation Police Academy
19    training program, consisting of not less than 400 hours of
20    training, within one year of hire.
21    Notwithstanding any provision to the contrary, all persons
22who meet one of the following requirements are deemed to have
23met the collegiate education requirements: either
24        (i) have been honorably discharged and who have been
25    awarded a Southwest Asia Service Medal, Kosovo Campaign
26    Medal, Korean Defense Service Medal, Afghanistan Campaign

 

 

SB3184- 3 -LRB102 22923 CMG 32077 b

1    Medal, Iraq Campaign Medal, or Global War on Terrorism
2    Expeditionary Medal by the United States Armed Forces; or
3        (ii) are active members of the Illinois National Guard
4    or a reserve component of the United States Armed Forces
5    and who have been awarded a Southwest Asia Service Medal,
6    Kosovo Campaign Medal, Korean Defense Service Medal,
7    Afghanistan Campaign Medal, Iraq Campaign Medal, or Global
8    War on Terrorism Expeditionary Medal as a result of
9    honorable service during deployment on active duty; , are
10    deemed to have met the collegiate educational requirements
11    for a sworn law enforcement position or position that has
12    arrest authority.
13        (iii) have been honorably discharged and served in a
14    combat mission by proof of hostile fire pay or imminent
15    danger pay during deployment on active duty; or
16        (iv) have at least 3 years of full active and
17    continuous military duty and received an honorable
18    discharge before hiring.
19    The Department of Natural Resources must adopt an
20administrative rule listing those disciplines that qualify as
21directly related areas of study and must also adopt, by
22listing, the American Red Cross standards and testing points
23for a skill level equivalent to an intermediate level swimmer.
24(Source: P.A. 96-972, eff. 7-2-10; 97-948, eff. 8-13-12.)
 
25    Section 10. The Herptiles-Herps Act is amended by changing

 

 

SB3184- 4 -LRB102 22923 CMG 32077 b

1Section 70-5 as follows:
 
2    (510 ILCS 68/70-5)
3    Sec. 70-5. Suspension of privileges and revocation of
4permits. A person who does not hold a Herptile Special Use
5permit or Limited Entry permit and who violates a provision of
6this Act, or an administrative rule authorized under this Act,
7or a provision of the United States Code that involves the
8taking, possessing, killing, harvesting, transportation,
9selling, exporting, or importing of any herptile protected by
10this Act, when any part of the United States Code violation
11occurred in Illinois, shall have his or her privileges under
12this Act suspended for a period to be set by administrative
13rule. Department suspensions and revocations shall be
14addressed by administrative rule.
15    A person who holds a Herptile Special Use permit or
16Limited Entry permit and who violates a provision the
17provisions of this Act, an administrative rule authorized
18under this Act, or a provision of the United States Code that
19involves the taking, possessing, killing, harvesting,
20transportation, selling, exporting, or importing of any
21herptile protected by this Act, when any part of the United
22States Code violation occurred in Illinois, shall have his or
23her permit revoked and permit privileges under this Act
24suspended for a period to be set by administrative rule.
25Department suspensions and revocations shall be addressed by

 

 

SB3184- 5 -LRB102 22923 CMG 32077 b

1administrative rule.
2    A person whose privileges or permit to possess a special
3use herptile have been suspended or revoked may appeal that
4decision in accordance with the provisions set forth in
5administrative rule.
6(Source: P.A. 102-315, eff. 1-1-22.)
 
7    Section 15. The Fish and Aquatic Life Code is amended by
8changing Sections 5-20, 10-80, 10-140, 20-45, and 20-105 and
9by adding Sections 1-17, 1-18, and 1-26 as follows:
 
10    (515 ILCS 5/1-17 new)
11    Sec. 1-17. Air rifle. "Air rifle" means an air gun, air
12pistol, spring gun, gas gun, spring pistol, B-B gun, pellet
13gun, or any implement that is not a firearm and propels a
14singular globular projectile or pellet constructed of steel,
15lead, or other hard materials by the use of compressed air,
16compressed gas, or spring power.
 
17    (515 ILCS 5/1-18 new)
18    Sec. 1-18. Angling methods. "Angling methods" means the
19action of sport fishing by hook and line.
 
20    (515 ILCS 5/1-26 new)
21    Sec. 1-26. Blow gun. "Blow gun" means a weapon, hunting,
22or fishing device consisting of a tube through which an arrow,

 

 

SB3184- 6 -LRB102 22923 CMG 32077 b

1dart, or projectile is propelled by force of the breath of a
2person.
 
3    (515 ILCS 5/5-20)  (from Ch. 56, par. 5-20)
4    Sec. 5-20. Taking aquatic life on private property. Any
5person taking or attempting to take aquatic life by means of
6any device within waters other than public waters of the State
7shall first obtain the consent of the owner, or tenant, or
8designee of the owner or tenant of the premises where the
9taking is done or attempted to be done. In addition, the
10persons taking or attempting to take aquatic life on another's
11property shall do so in a manner that does not cause wanton or
12careless injury to or destruction of any real or personal
13property on the premises.
14    It shall be prima facie evidence that a person does not
15have the consent of the owner or tenant if the person is unable
16to demonstrate to the law enforcement officer in the field
17that consent had been obtained. This provision may only be
18rebutted by testimony of the owner or tenant that consent had
19been given. Before enforcing this Section, the law enforcement
20officer must have received notice from the owner or tenant of a
21violation of this Section. Statements made to the law
22enforcement officer regarding this notice shall not be
23rendered inadmissible by the hearsay rule when offered for the
24purpose of showing the required notice.
25(Source: P.A. 87-114; 87-833; 87-895.)
 

 

 

SB3184- 7 -LRB102 22923 CMG 32077 b

1    (515 ILCS 5/10-80)  (from Ch. 56, par. 10-80)
2    Sec. 10-80. Illegal methods of taking. Except as otherwise
3authorized in this Code or administrative rule, it It shall be
4unlawful to take any aquatic life except by angling methods.
5Illegal methods include, but are not limited to, the use of
6electricity or any electrical device; a lime, acid, medical,
7chemical, or mechanical compound or dope of any medicated
8drug; any drug or any fishberry; any dynamite, giant powder,
9nitro glycerine, or other explosives; or by means of a snare,
10treated grain, firearms of any kind, air rifle or blow gun or
11gas gun, wire basket, wire seine, wire net, wire trotline, or
12limb lines of any kind.
13(Source: P.A. 87-833.)
 
14    (515 ILCS 5/10-140)  (from Ch. 56, par. 10-140)
15    Sec. 10-140. Dip nets, casting nets, and shad scoops.
16    (a) Any individual possessing a valid sport fishing
17license may use a dip net, casting net, or shad scoop to take
18certain species carp, buffalo, carpsuckers, or shad for
19personal consumption. The taking of aquatic life these fish
20with a dip net, casting net, or shad scoop shall not be
21permitted within 100 feet of the base of any dam.
22    (b) Dip nets may be used to take carp, buffalo,
23carpsuckers, or shad for personal consumption.
24    (c) Bighead carp (Hypophthalmichthys nobilis), black carp

 

 

SB3184- 8 -LRB102 22923 CMG 32077 b

1(Mylopharyngodon piceus), grass carp (Ctenopharyngodon
2idella), and silver carp (Hypophthalmichthys molitrix) may be
3taken with a casting net or shad scoop and used for bait on the
4body of water where they are collected if they are killed
5immediately.
6    (d) Mooneye (Hiodon tergisus), goldeye (Hiodon alosoides),
7skipjack herring (Alosa chrysochloris), carp (other than
8bighead carp (Hypophthalmichthys nobilis), black carp
9(Mylopharyngodon piceus), grass carp (Ctenopharyngodon
10idella), and silver carp (Hypophthalmichthys molitrix)), and
11any other fish listed in Section 10-110 of this Code may be
12taken with a casting net or shad scoop and used for live or
13dead bait on the body of water where they are collected.
14    (e) All casting nets shall not be (1) larger than 24 feet
15in diameter or (2) of a mesh larger than 1 inch bar
16measurement. All shad scoops shall not be (1) larger than 30
17inches in diameter, (2) of a mesh not larger than 1/2 inch bar
18measurement, or (3) longer than 4 feet in length.
19    (f) Fish taken by this means listed in this Section shall
20not be sold or bartered. Except as otherwise provided by law,
21the taking of game fish by dip net without a commercial license
22shall be a petty offense punishable by a minimum fine of $100,
23plus confiscation of illegally used equipment under Article 1
24of this Code.
25(Source: P.A. 89-66, eff. 1-1-96.)
 

 

 

SB3184- 9 -LRB102 22923 CMG 32077 b

1    (515 ILCS 5/20-45)  (from Ch. 56, par. 20-45)
2    Sec. 20-45. License fees for residents. Fees for licenses
3for residents of the State of Illinois shall be as follows:
4        (a) Except as otherwise provided in this Section, for
5    sport fishing devices as defined in Section 10-95 or
6    spearing devices as defined in Section 10-110, the fee is
7    $14.50 for individuals 16 to 64 years old, one-half of the
8    current fishing license fee for individuals age 65 or
9    older, and, commencing with the 2012 license year,
10    one-half of the current fishing license fee for resident
11    veterans of the United States Armed Forces after returning
12    from service abroad or mobilization by the President of
13    the United States. Veterans must provide, to the
14    Department at one of the Department's 5 regional offices,
15    verification of their service. The Department shall
16    establish what constitutes suitable verification of
17    service for the purpose of issuing fishing licenses to
18    resident veterans at a reduced fee.
19        (a-5) The fee for all sport fishing licenses shall be
20    $1 for residents over 75 years of age.
21        (b) All residents before using any commercial fishing
22    device shall obtain a commercial fishing license, the fee
23    for which shall be $60 and a resident fishing license, the
24    fee for which is $14.50. Each and every commercial device
25    used shall be licensed by a resident commercial fisherman
26    as follows:

 

 

SB3184- 10 -LRB102 22923 CMG 32077 b

1            (1) For each 100 lineal yards, or fraction
2        thereof, of seine the fee is $18. For each minnow
3        seine, minnow trap, or net for commercial purposes the
4        fee is $20.
5            (2) For each device to fish with a 100 hook trot
6        line device, basket trap, hoop net, or dip net the fee
7        is $3.
8            (3) When used in the waters of Lake Michigan, for
9        the first 2000 lineal feet, or fraction thereof, of
10        gill net the fee is $10; and for each 1000 additional
11        lineal feet, or fraction thereof, the fee is $10.
12        These fees shall apply to all gill nets in use in the
13        water or on drying reels on the shore.
14            (4) For each 100 lineal yards, or fraction
15        thereof, of gill net or trammel net the fee is $18.
16        (c) Residents of the State of Illinois may obtain a
17    sportsmen's combination license that shall entitle the
18    holder to the same non-commercial fishing privileges as
19    residents holding a license as described in subsection (a)
20    of this Section and to the same hunting privileges as
21    residents holding a license to hunt all species as
22    described in Section 3.1 of the Wildlife Code. No
23    sportsmen's combination license shall be issued to any
24    individual who would be ineligible for either the fishing
25    or hunting license separately. The sportsmen's combination
26    license fee shall be $25.50. For residents age 65 or

 

 

SB3184- 11 -LRB102 22923 CMG 32077 b

1    older, the fee is one-half of the fee charged for a
2    sportsmen's combination license. For resident veterans of
3    the United States Armed Forces after returning from
4    service abroad or mobilization by the President of the
5    United States, the fee, commencing with the 2012 license
6    year, is one-half of the fee charged for a sportsmen's
7    combination license. Veterans must provide to the
8    Department, at one of the Department's 5 regional offices,
9    verification of their service. The Department shall
10    establish what constitutes suitable verification of
11    service for the purpose of issuing sportsmen's combination
12    licenses to resident veterans at a reduced fee.
13        (d) For 24 hours of fishing by sport fishing devices
14    as defined in Section 10-95 or by spearing devices as
15    defined in Section 10-110 the fee is $5. This license does
16    not exempt the licensee from the requirement for a salmon
17    or inland trout stamp. The licenses provided for by this
18    subsection are not required for residents of the State of
19    Illinois who have obtained the license provided for in
20    subsection (a) of this Section.
21        (e) All residents before using any commercial mussel
22    device shall obtain a commercial mussel license, the fee
23    for which shall be $50.
24        (f) Residents of this State, upon establishing
25    residency as required by the Department, may obtain a
26    lifetime hunting or fishing license or lifetime

 

 

SB3184- 12 -LRB102 22923 CMG 32077 b

1    sportsmen's combination license which shall entitle the
2    holder to the same non-commercial fishing privileges as
3    residents holding a license as described in paragraph (a)
4    of this Section and to the same hunting privileges as
5    residents holding a license to hunt all species as
6    described in Section 3.1 of the Wildlife Code. No lifetime
7    sportsmen's combination license shall be issued to or
8    retained by any individual who would be ineligible for
9    either the fishing or hunting license separately, either
10    upon issuance, or in any year a violation would subject an
11    individual to have either or both fishing or hunting
12    privileges rescinded. The lifetime hunting and fishing
13    license fees shall be as follows:
14            (1) Lifetime fishing: 30 x the current fishing
15        license fee.
16            (2) Lifetime hunting: 30 x the current hunting
17        license fee.
18            (3) Lifetime sportsmen's combination license: 30 x
19        the current sportsmen's combination license fee.
20    Lifetime licenses shall not be refundable. A $10 fee shall
21be charged for reissuing any lifetime license. The Department
22may establish rules and regulations for the issuance and use
23of lifetime licenses and may suspend or revoke any lifetime
24license issued under this Section for violations of those
25rules or regulations or other provisions under this Code, or
26the Wildlife Code, or a violation of the United States Code

 

 

SB3184- 13 -LRB102 22923 CMG 32077 b

1that involves the taking, possessing, killing, harvesting,
2transportation, selling, exporting, or importing any fish or
3aquatic life protected by this Code or the taking, possessing,
4killing, harvesting, transportation, selling, exporting, or
5importing any fauna protected by the Wildlife Code when any
6part of the United States Code violation occurred in Illinois.
7Individuals under 16 years of age who possess a lifetime
8hunting or sportsmen's combination license shall have in their
9possession, while in the field, a certificate of competency as
10required under Section 3.2 of the Wildlife Code. Any lifetime
11license issued under this Section shall not exempt individuals
12from obtaining additional stamps or permits required under the
13provisions of this Code or the Wildlife Code. Individuals
14required to purchase additional stamps shall sign the stamps
15and have them in their possession while fishing or hunting
16with a lifetime license. All fees received from the issuance
17of lifetime licenses shall be deposited in the Fish and
18Wildlife Endowment Fund.
19    Except for licenses issued under subsection (e) of this
20Section, all licenses provided for in this Section shall
21expire on March 31 of each year, except that the license
22provided for in subsection (d) of this Section shall expire 24
23hours after the effective date and time listed on the face of
24the license.
25    All individuals required to have and failing to have the
26license provided for in subsection (a) or (d) of this Section

 

 

SB3184- 14 -LRB102 22923 CMG 32077 b

1shall be fined according to the provisions of Section 20-35 of
2this Code.
3    All individuals required to have and failing to have the
4licenses provided for in subsections (b) and (e) of this
5Section shall be guilty of a Class B misdemeanor.
6(Source: P.A. 97-498, eff. 4-1-12; 97-1136, eff. 1-1-13;
798-800, eff. 8-1-14.)
 
8    (515 ILCS 5/20-105)  (from Ch. 56, par. 20-105)
9    Sec. 20-105. Revocation and suspension; refusal to issue.
10    (a) Whenever a license or permit is issued to any person
11under this Code and its holder is found guilty of any
12misrepresentation in obtaining the license or permit or of a
13violation of Section 48-3 of the Criminal Code of 2012 or a
14violation of any of the provisions of this Code, including
15administrative rules, or a violation of the United States Code
16that involves the taking, possessing, killing, harvesting,
17transportation, selling, exporting, or importing any aquatic
18life protected by this Code when any part of the United States
19Code violation occurred in Illinois, the license or permit may
20be revoked by the Department and the Department may refuse to
21issue any permit or license to that person and may suspend the
22person from engaging in the activity requiring the permit or
23license for a period of time not to exceed 5 years following
24the revocation. Department revocation procedure shall be
25established by administrative rule.

 

 

SB3184- 15 -LRB102 22923 CMG 32077 b

1    (b) Whenever any person who has not been issued a license
2or a permit under the provisions of this Code is found guilty
3of a violation of Section 48-3 of the Criminal Code of 2012 or
4a violation of the provisions of this Code, including
5administrative rules, or a violation of the United States Code
6that involves the taking, possessing, killing, harvesting,
7transportation, selling, exporting, or importing any aquatic
8life protected by this Code when any part of the United States
9Code violation occurred in Illinois, the Department may refuse
10to issue any permit or license to that person, and suspend that
11person from engaging in the activity requiring the permit or
12license for a period of time not to exceed 5 years.
13    (c) Any person who knowingly or intentionally violates any
14of the provisions of this Code, including administrative
15rules, during the 5 years following the revocation of his or
16her license or permit under subsection (a) or during the time
17he is suspended under subsection (b), shall be guilty of a
18Class A misdemeanor as provided in Section 20-35. The
19penalties for a violation of Section 48-3 of the Criminal Code
20of 2012 shall be as provided in that Section.
21    (d) A person whose license or permit to engage in any
22activity regulated by this Code has been suspended or revoked
23may not, during the period of the suspension or revocation or
24until obtaining such a license or permit, (i) be in the company
25of any person engaging in the activity covered by the
26suspension or revocation or (ii) serve as a guide, outfitter,

 

 

SB3184- 16 -LRB102 22923 CMG 32077 b

1or facilitator for a person who is engaged or prepared to
2engage in the activity covered by the suspension or
3revocation.
4    (e) No person may be issued or obtain a license or permit
5or engage in any activity regulated by this Code during the
6time that the person's privilege to engage in the same or
7similar activities is suspended or revoked by another state,
8by a federal agency, or by a province of Canada.
9(Source: P.A. 98-402, eff. 8-16-13.)
 
10    (515 ILCS 5/10-47 rep.)
11    (515 ILCS 5/10-45 rep.)
12    Section 20. The Fish and Aquatic Life Code is amended by
13repealing Sections 10-45 and 10-47.
 
14    Section 25. The Wildlife Code is amended by changing
15Sections 1.2j, 2.30, 2.33, 2.36a, 3.1, 3.1-2, 3.25, and 3.36
16and by adding Section 1.2j-2 as follows:
 
17    (520 ILCS 5/1.2j)  (from Ch. 61, par. 1.2j)
18    Sec. 1.2j. "Gun" means shotgun, rifle, handgun, or air
19rifle gun.
20(Source: P.A. 81-382.)
 
21    (520 ILCS 5/1.2j-2 new)
22    Sec. 1.2j-2. Air rifle. "Air Rifle" means an air gun, air

 

 

SB3184- 17 -LRB102 22923 CMG 32077 b

1pistol, spring gun, gas gun, spring pistol, B-B gun, pellet
2gun, or any implement that is not a firearm and propels a
3singular globular projectile or pellet constructed of steel,
4lead, or other hard materials by the use of compressed air,
5compressed gas, or spring power.
 
6    (520 ILCS 5/2.30)  (from Ch. 61, par. 2.30)
7    Sec. 2.30. Except as provided in this Section, it shall be
8unlawful for any person to trap or to hunt with gun, dog, dog
9and gun, or bow and arrow, gray fox, red fox, raccoon, weasel,
10mink, muskrat, badger, bobcat, and opossum except during the
11open season which will be set annually by the Director between
1212:01 a.m., November 1 to 12:00 midnight, February 15, both
13inclusive.
14    It shall be unlawful for any person to hunt or trap bobcat
15in this State on and after the effective date of this
16amendatory Act of the 100th General Assembly in the counties
17of Boone, Bureau, Champaign, Cook, DeKalb, DeWitt, DuPage,
18Ford, Grundy, Henry, Iroquois, Kane, Kankakee, Kendall, Knox,
19Lake, LaSalle, Lee, Livingston, Logan, Marshall, McHenry,
20McLean, Ogle, Peoria, Piatt, Putnam, Stark, Stephenson,
21Vermilion, Will, Winnebago, and Woodford and north of U.S.
22Route 36 in Edgar and Douglas and north of U.S. Route 36 to the
23junction with Illinois Route 121 and north or east of Illinois
24Route 121 in Macon. For the season beginning in 2017, a total
25number of 350 bobcats may be hunted or trapped lawfully, or the

 

 

SB3184- 18 -LRB102 22923 CMG 32077 b

1conclusion of the season occurs, whichever is earlier. For the
2season beginning in 2018, a total number of 375 bobcats may be
3hunted or trapped lawfully, or the conclusion of the season
4occurs, whichever is earlier. The changes added to this
5Section by this amendatory Act of the 100th General Assembly,
6except for this sentence, are inoperative on and after June
730, 2019.
8    It is unlawful to pursue any fur-bearing mammal with a dog
9or dogs between the hours of sunset and sunrise during the 10
10day period preceding the opening date of the raccoon hunting
11season and the 10 day period following the closing date of the
12raccoon hunting season except that the Department may issue
13field trial permits in accordance with Section 2.34 of this
14Act. A non-resident from a state with more restrictive
15fur-bearer pursuit regulations for any particular species than
16provided for that species in this Act may not pursue that
17species in Illinois except during the period of time that
18Illinois residents are allowed to pursue that species in the
19non-resident's state of residence. Hound running areas
20approved by the Department shall be exempt from the provisions
21of this Section.
22    It shall be unlawful to take beaver, river otter, weasel,
23mink, or muskrat except during the open season set annually by
24the Director, and then, only with traps, except that a
25firearm, pistol, or air rifle airgun of a caliber not larger
26than a .22 long rifle may be used to remove the animal from the

 

 

SB3184- 19 -LRB102 22923 CMG 32077 b

1trap.
2    It shall be unlawful for any person to trap beaver or river
3otter with traps except during the open season which will be
4set annually by the Director between 12:01 a.m., November 1st
5and 12:00 midnight, March 31, both inclusive.
6    Coyote may be taken by trapping methods only during the
7period from September 1 to March 1, both inclusive, and by
8hunting methods at any time.
9    Striped skunk may be taken by trapping methods only during
10the period from September 1 to March 1, both inclusive, and by
11hunting methods at any time.
12    Muskrat may be taken by trapping methods during an open
13season set annually by the Director.
14    For the purpose of taking fur-bearing mammals, the State
15may be divided into management zones by administrative rule.
16    It shall be unlawful to take or possess more than the
17season limit or possession limit of fur-bearing mammals that
18shall be set annually by the Director. The season limit for
19bobcat shall not exceed one bobcat per permit. Possession
20limits shall not apply to fur buyers, tanners, manufacturers,
21and taxidermists, as defined by this Act, who possess
22fur-bearing mammals in accordance with laws governing such
23activities.
24    Nothing in this Section shall prohibit the taking or
25possessing of fur-bearing mammals found dead or
26unintentionally killed by a vehicle along a roadway during the

 

 

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1open season provided the person who possesses such fur-bearing
2mammals has all appropriate licenses, stamps, or permits; the
3season for which the species possessed is open; and that such
4possession and disposal of such fur-bearing mammals is
5otherwise subject to the provisions of this Section.
6    The provisions of this Section are subject to modification
7by administrative rule.
8(Source: P.A. 99-33, eff. 1-1-16; 100-524, eff. 9-22-17;
9100-779, eff. 8-10-18.)
 
10    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
11    Sec. 2.33. Prohibitions.
12    (a) It is unlawful to carry or possess any gun in any State
13refuge unless otherwise permitted by administrative rule.
14    (b) It is unlawful to use or possess any snare or
15snare-like device, deadfall, net, or pit trap to take any
16species, except that snares not powered by springs or other
17mechanical devices may be used to trap fur-bearing mammals, in
18water sets only, if at least one-half of the snare noose is
19located underwater at all times.
20    (c) It is unlawful for any person at any time to take a
21wild mammal protected by this Act from its den by means of any
22mechanical device, spade, or digging device or to use smoke or
23other gases to dislodge or remove such mammal except as
24provided in Section 2.37.
25    (d) It is unlawful to use a ferret or any other small

 

 

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1mammal which is used in the same or similar manner for which
2ferrets are used for the purpose of frightening or driving any
3mammals from their dens or hiding places.
4    (e) (Blank).
5    (f) It is unlawful to use spears, gigs, hooks or any like
6device to take any species protected by this Act.
7    (g) It is unlawful to use poisons, chemicals or explosives
8for the purpose of taking any species protected by this Act.
9    (h) It is unlawful to hunt adjacent to or near any peat,
10grass, brush or other inflammable substance when it is
11burning.
12    (i) It is unlawful to take, pursue or intentionally harass
13or disturb in any manner any wild birds or mammals by use or
14aid of any vehicle, or conveyance, or unmanned aircraft as
15defined by the Illinois Aeronautics Act, except as permitted
16by the Code of Federal Regulations for the taking of
17waterfowl. It is also unlawful to use the lights of any vehicle
18or conveyance, or any light from or any light connected to any
19the vehicle or conveyance, or any other lighting device or
20mechanism from inside or on a vehicle or conveyance in any area
21where wildlife may be found except in accordance with Section
222.37 of this Act; however, nothing in this Section shall
23prohibit the normal use of headlamps for the purpose of
24driving upon a roadway. For purposes of this Section, any
25other lighting device or mechanism shall include, but not be
26limited to, any device that uses infrared or other light not

 

 

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1visible to the naked eye, electronic image intensification,
2active illumination, thermal imaging, or night vision. Striped
3skunk, opossum, red fox, gray fox, raccoon, bobcat, and coyote
4may be taken during the open season by use of a small light
5which is worn on the body or hand-held by a person on foot and
6not in any vehicle.
7    (j) It is unlawful to use any shotgun larger than 10 gauge
8while taking or attempting to take any of the species
9protected by this Act.
10    (k) It is unlawful to use or possess in the field any
11shotgun shell loaded with a shot size larger than lead BB or
12steel T (.20 diameter) when taking or attempting to take any
13species of wild game mammals (excluding white-tailed deer),
14wild game birds, migratory waterfowl or migratory game birds
15protected by this Act, except white-tailed deer as provided
16for in Section 2.26 and other species as provided for by
17subsection (l) or administrative rule.
18    (l) It is unlawful to take any species of wild game, except
19white-tailed deer and fur-bearing mammals, with a shotgun
20loaded with slugs unless otherwise provided for by
21administrative rule.
22    (m) It is unlawful to use any shotgun capable of holding
23more than 3 shells in the magazine or chamber combined, except
24on game breeding and hunting preserve areas licensed under
25Section 3.27 and except as permitted by the Code of Federal
26Regulations for the taking of waterfowl. If the shotgun is

 

 

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1capable of holding more than 3 shells, it shall, while being
2used on an area other than a game breeding and shooting
3preserve area licensed pursuant to Section 3.27, be fitted
4with a one piece plug that is irremovable without dismantling
5the shotgun or otherwise altered to render it incapable of
6holding more than 3 shells in the magazine and chamber,
7combined.
8    (n) It is unlawful for any person, except persons who
9possess a permit to hunt from a vehicle as provided in this
10Section and persons otherwise permitted by law, to have or
11carry any gun in or on any vehicle, conveyance or aircraft,
12unless such gun is unloaded and enclosed in a case, except that
13at field trials authorized by Section 2.34 of this Act,
14unloaded guns or guns loaded with blank cartridges only, may
15be carried on horseback while not contained in a case, or to
16have or carry any bow or arrow device in or on any vehicle
17unless such bow or arrow device is unstrung or enclosed in a
18case, or otherwise made inoperable unless in accordance with
19the Firearm Concealed Carry Act.
20    (o) (Blank).
21    (p) It is unlawful to take game birds, migratory game
22birds or migratory waterfowl with a rifle, pistol, revolver,
23or air rifle airgun.
24    (q) It is unlawful to fire a rifle, pistol, revolver, or
25air rifle airgun on, over, or into any waters of this State,
26including frozen waters.

 

 

SB3184- 24 -LRB102 22923 CMG 32077 b

1    (r) It is unlawful to discharge any gun or bow and arrow
2device along, upon, across, or from any public right-of-way or
3highway in this State.
4    (s) It is unlawful to use a silencer or other device to
5muffle or mute the sound of the explosion or report resulting
6from the firing of any gun.
7    (t) It is unlawful for any person to take or attempt to
8take any species of wildlife or parts thereof, intentionally
9or wantonly allow a dog to hunt, within or upon the land of
10another, or upon waters flowing over or standing on the land of
11another, or to knowingly shoot a gun or bow and arrow device at
12any wildlife physically on or flying over the property of
13another without first obtaining permission from the owner or
14the owner's designee. For the purposes of this Section, the
15owner's designee means anyone who the owner designates in a
16written authorization and the authorization must contain (i)
17the legal or common description of property for such authority
18is given, (ii) the extent that the owner's designee is
19authorized to make decisions regarding who is allowed to take
20or attempt to take any species of wildlife or parts thereof,
21and (iii) the owner's notarized signature. Before enforcing
22this Section the law enforcement officer must have received
23notice from the owner or the owner's designee of a violation of
24this Section. Statements made to the law enforcement officer
25regarding this notice shall not be rendered inadmissible by
26the hearsay rule when offered for the purpose of showing the

 

 

SB3184- 25 -LRB102 22923 CMG 32077 b

1required notice.
2    (u) It is unlawful for any person to discharge any firearm
3for the purpose of taking any of the species protected by this
4Act, or hunt with gun or dog, or intentionally or wantonly
5allow a dog to hunt, within 300 yards of an inhabited dwelling
6without first obtaining permission from the owner or tenant,
7except that while trapping, hunting with bow and arrow,
8hunting with dog and shotgun using shot shells only, or
9hunting with shotgun using shot shells only, or providing
10outfitting services under a waterfowl outfitter permit, or on
11licensed game breeding and hunting preserve areas, as defined
12in Section 3.27, on federally owned and managed lands and on
13Department owned, managed, leased, or controlled lands, a 100
14yard restriction shall apply.
15    (v) It is unlawful for any person to remove fur-bearing
16mammals from, or to move or disturb in any manner, the traps
17owned by another person without written authorization of the
18owner to do so.
19    (w) It is unlawful for any owner of a dog to knowingly or
20wantonly allow his or her dog to pursue, harass or kill deer,
21except that nothing in this Section shall prohibit the
22tracking of wounded deer with a dog in accordance with the
23provisions of Section 2.26 of this Code.
24    (x) It is unlawful for any person to wantonly or
25carelessly injure or destroy, in any manner whatsoever, any
26real or personal property on the land of another while engaged

 

 

SB3184- 26 -LRB102 22923 CMG 32077 b

1in hunting or trapping thereon.
2    (y) It is unlawful to hunt wild game protected by this Act
3between one half hour after sunset and one half hour before
4sunrise, except that hunting hours between one half hour after
5sunset and one half hour before sunrise may be established by
6administrative rule for fur-bearing mammals.
7    (z) It is unlawful to take any game bird (excluding wild
8turkeys and crippled pheasants not capable of normal flight
9and otherwise irretrievable) protected by this Act when not
10flying. Nothing in this Section shall prohibit a person from
11carrying an uncased, unloaded shotgun in a boat, while in
12pursuit of a crippled migratory waterfowl that is incapable of
13normal flight, for the purpose of attempting to reduce the
14migratory waterfowl to possession, provided that the attempt
15is made immediately upon downing the migratory waterfowl and
16is done within 400 yards of the blind from which the migratory
17waterfowl was downed. This exception shall apply only to
18migratory game birds that are not capable of normal flight.
19Migratory waterfowl that are crippled may be taken only with a
20shotgun as regulated by subsection (j) of this Section using
21shotgun shells as regulated in subsection (k) of this Section.
22    (aa) It is unlawful to use or possess any device that may
23be used for tree climbing or cutting, while hunting
24fur-bearing mammals, excluding coyotes. However, coyotes may
25not be hunted utilizing these devices during open season for
26deer except by properly licensed deer hunters.

 

 

SB3184- 27 -LRB102 22923 CMG 32077 b

1    (bb) It is unlawful for any person, except licensed game
2breeders, pursuant to Section 2.29 to import, carry into, or
3possess alive in this State any species of wildlife taken
4outside of this State, without obtaining permission to do so
5from the Director.
6    (cc) It is unlawful for any person to have in his or her
7possession any freshly killed species protected by this Act
8during the season closed for taking.
9    (dd) It is unlawful to take any species protected by this
10Act and retain it alive except as provided by administrative
11rule.
12    (ee) It is unlawful to possess any rifle while in the field
13during gun deer season except as provided in Section 2.26 and
14administrative rules.
15    (ff) It is unlawful for any person to take any species
16protected by this Act, except migratory waterfowl, during the
17gun deer hunting season in those counties open to gun deer
18hunting, unless he or she wears, when in the field, a cap and
19upper outer garment of a solid blaze orange color or solid
20blaze pink color, with such articles of clothing displaying a
21minimum of 400 square inches of blaze orange or solid blaze
22pink color material.
23    (gg) It is unlawful during the upland game season for any
24person to take upland game with a firearm unless he or she
25wears, while in the field, a cap of solid blaze orange color or
26solid blaze pink color. For purposes of this Act, upland game

 

 

SB3184- 28 -LRB102 22923 CMG 32077 b

1is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
2Pheasant, Eastern Cottontail and Swamp Rabbit.
3    (hh) It shall be unlawful to kill or cripple any species
4protected by this Act for which there is a bag limit without
5making a reasonable effort to retrieve such species and
6include such in the bag limit. It shall be unlawful for any
7person having control over harvested game mammals, game birds,
8or migratory game birds for which there is a bag limit to
9wantonly waste or destroy the usable meat of the game, except
10this shall not apply to wildlife taken under Sections 2.37 or
113.22 of this Code. For purposes of this subsection, "usable
12meat" means the breast meat of a game bird or migratory game
13bird and the hind ham and front shoulders of a game mammal. It
14shall be unlawful for any person to place, leave, dump, or
15abandon a wildlife carcass or parts of it along or upon a
16public right-of-way or highway or on public or private
17property, including a waterway or stream, without the
18permission of the owner or tenant. It shall not be unlawful to
19discard game meat that is determined to be unfit for human
20consumption.
21    (ii) This Section shall apply only to those species
22protected by this Act taken within the State. Any species or
23any parts thereof, legally taken in and transported from other
24states or countries, may be possessed within the State, except
25as provided in this Section and Sections 2.35, 2.36 and 3.21.
26    (jj) (Blank).

 

 

SB3184- 29 -LRB102 22923 CMG 32077 b

1    (kk) Nothing contained in this Section shall prohibit the
2Director from issuing permits to paraplegics or to other
3persons with disabilities who meet the requirements set forth
4in administrative rule to shoot or hunt from a vehicle as
5provided by that rule, provided that such is otherwise in
6accord with this Act.
7    (ll) Nothing contained in this Act shall prohibit the
8taking of aquatic life protected by the Fish and Aquatic Life
9Code or birds and mammals protected by this Act, except deer
10and fur-bearing mammals, from a boat not camouflaged or
11disguised to alter its identity or to further provide a place
12of concealment and not propelled by sail or mechanical power.
13However, only shotguns not larger than 10 gauge nor smaller
14than .410 bore loaded with not more than 3 shells of a shot
15size no larger than lead BB or steel T (.20 diameter) may be
16used to take species protected by this Act.
17    (mm) Nothing contained in this Act shall prohibit the use
18of a shotgun, not larger than 10 gauge nor smaller than a 20
19gauge, with a rifled barrel.
20    (nn) It shall be unlawful to possess any species of
21wildlife or wildlife parts taken unlawfully in Illinois, any
22other state, or any other country, whether or not the wildlife
23or wildlife parts is indigenous to Illinois. For the purposes
24of this subsection, the statute of limitations for unlawful
25possession of wildlife or wildlife parts shall not cease until
262 years after the possession has permanently ended.

 

 

SB3184- 30 -LRB102 22923 CMG 32077 b

1(Source: P.A. 102-237, eff. 1-1-22.)
 
2    (520 ILCS 5/2.36a)  (from Ch. 61, par. 2.36a)
3    Sec. 2.36a. Value of protected species; violations.
4    (a) A Any person commits a Class 3 felony if the person
5who, for profit or commercial purposes, knowingly captures or
6kills, possesses, offers for sale, sells, offers to barter,
7barters, offers to purchase, purchases, delivers for shipment,
8ships, exports, imports, causes to be shipped, exported, or
9imported, delivers for transportation, transports or causes to
10be transported, carries or causes to be carried, or receives
11for shipment, transportation, carriage, or export any animal
12or part of animal of the species protected by this Act,
13contrary to the provisions of this Act, and such animals, in
14whole or in part, are (1) valued at or in excess of a total of
15$500 $300, as per specie value specified in paragraph (3),
16(4), (5), (6), (7), or (8) of subsection (c) of this Section,
17or (2) valued at or in excess of a total of $3,000 as per
18specie value specified in paragraph (1), (2), or (9) of
19subsection (c) or subsection (d) commits a Class 3 felony.
20    (a-5) A person shall be guilty of a Class 4 felony if
21convicted under this Section for more than one violation of
22subsection (a) where the offenses occurred on different days
23and within a 90-day period and:
24        (1) where the animals as per specie value specified in
25    paragraph (3), (4), (5), (6), (7), or (8) of subsection

 

 

SB3184- 31 -LRB102 22923 CMG 32077 b

1    (c) of this Section of each violation are not valued at or
2    in excess of $500 $300, but the total value of the animals
3    from the multiple violations is at or in excess of $500; or
4    $300.
5        (2) where the animals as per specie value specified in
6    paragraph (1), (2), or (9) of subsection (c) or subsection
7    (d) of this Section of each violation are not valued at or
8    in excess of $3,000, but the total value of the animals
9    from the multiple violations is at or in excess of $3,000.
10    The prosecution for a Class 4 felony for these multiple
11violations must be alleged in a single charge or indictment
12and brought in a single prosecution.
13    (b) Possession of animals, in whole or in part, captured
14or killed in violation of this Act, valued at or in excess of
15$500 $600, as per specie value specified in paragraph (3),
16(4), (5), (6), (7), or (8) of subsection (c) of this Section,
17shall be considered prima facie evidence of possession for
18profit or commercial purposes. Possession of animals, in whole
19or in part, captured or killed in violation of this Act, valued
20at or in excess of $3,000 as per specie value specified in
21subsection (c) or $700 as specified in subsection (d) of this
22Section, shall be considered prima facie evidence of
23possession for profit or commercial purposes.
24    (c) For purposes of this Section, the fair market value or
25replacement cost, whichever is greater, shall be used to
26determine the value of the species protected by this Act, but

 

 

SB3184- 32 -LRB102 22923 CMG 32077 b

1in no case shall the minimum value of all species protected by
2this Act be less than as follows:
3        (1) Eagle, $1,000;
4        (2) Whitetail deer, $1,000, subject to any additional
5    value for antlered whitetail deer as indicated in
6    subsection (d), and wild turkey, $500;
7        (3) Fur-bearing mammals, $50;
8        (4) Game birds (except the wild turkey) and migratory
9    game birds (except Trumpeter swans), $50;
10        (5) Owls, hawks, falcons, kites, harriers, and
11    ospreys, and other birds of prey, $250;
12        (6) Game mammals (except whitetail deer), $50;
13        (7) Other mammals, $100;
14        (8) Resident and migratory non-game birds (except
15    birds of prey), $100;
16        (9) Trumpeter swans, $1,000.
17    (d) In this subsection (d), "point" means a projection on
18the antler of a whitetail antlered deer that is at least
19one-inch long as measured from the tip to the nearest edge of
20antler beam and the length of which exceeds the length of its
21base. A person who possesses whitetail antlered deer, in whole
22or in part, captured or killed in violation of this Act, shall
23pay restitution to the Department in the amount of $1,000 per
24whitetail antlered deer and an additional $500 per antler
25point for each whitetail antlered deer with at least 8 but not
26more than 10 antler points. For whitetail antlered deer with

 

 

SB3184- 33 -LRB102 22923 CMG 32077 b

111 or more antler points, restitution of $1,000 shall be paid
2to the Department per whitetail antlered deer plus $750 per
3antler point. The restitution amount listed in this subsection
4(d) shall be the fair market value of an antlered whitetail
5deer for purposes of this Section.
6(Source: P.A. 100-960, eff. 8-19-18; 101-81, eff. 7-12-19.)
 
7    (520 ILCS 5/3.1)  (from Ch. 61, par. 3.1)
8    Sec. 3.1. License and stamps required.
9    (a) Before any person shall take or attempt to take any of
10the species protected by Section 2.2 for which an open season
11is established under this Act, he shall first have procured
12and possess a valid hunting license, except as provided in
13Section 3.1-5 of this Code.
14    Before any person 18 years of age or older shall take or
15attempt to take any bird of the species defined as migratory
16waterfowl by Section 2.2, including coots, he shall first have
17procured a State Migratory Waterfowl Stamp.
18    Before any person 18 years of age or older takes, attempts
19to take, or pursues any species of wildlife protected by this
20Code, except migratory waterfowl, coots, and hand-reared birds
21on licensed game breeding and hunting preserve areas and state
22controlled pheasant hunting areas, he or she shall first
23obtain a State Habitat Stamp. Veterans with disabilities and
24former prisoners of war shall not be required to obtain State
25Habitat Stamps. Any person who obtained a lifetime license

 

 

SB3184- 34 -LRB102 22923 CMG 32077 b

1before January 1, 1993, shall not be required to obtain State
2Habitat Stamps. Income from the sale of State Furbearer Stamps
3and State Pheasant Stamps received after the effective date of
4this amendatory Act of 1992 shall be deposited into the State
5Furbearer Fund and State Pheasant Fund, respectively.
6    Before any person 18 years of age or older shall take,
7attempt to take, or sell the green hide of any mammal of the
8species defined as fur-bearing mammals by Section 2.2 for
9which an open season is established under this Act, he shall
10first have procured a State Habitat Stamp.
11    (b) Before any person who is a non-resident of the State of
12Illinois shall take or attempt to take any of the species
13protected by Section 2.2 for which an open season is
14established under this Act, he shall, unless specifically
15exempted by law, first procure a non-resident license as
16provided by this Act for the taking of any wild game.
17    Before a nonresident shall take or attempt to take
18white-tailed deer, he shall first have procured a Deer Hunting
19Permit as defined in Section 2.26 of this Code.
20    Before a nonresident shall take or attempt to take wild
21turkeys, he shall have procured a Wild Turkey Hunting Permit
22as defined in Section 2.11 of this Code.
23    (c) The owners residing on, or bona fide tenants of, farm
24lands and their children, parents, brothers, and sisters
25actually permanently residing on their lands shall have the
26right to hunt any of the species protected by Section 2.2 upon

 

 

SB3184- 35 -LRB102 22923 CMG 32077 b

1their lands and waters without procuring hunting licenses; but
2the hunting shall be done only during periods of time and with
3devices and by methods as are permitted by this Act. Any person
4on active duty with the Armed Forces of the United States who
5is now and who was at the time of entering the Armed Forces a
6resident of Illinois and who entered the Armed Forces from
7this State, and who is presently on ordinary or emergency
8leave from the Armed Forces, and any resident of Illinois who
9has a disability may hunt any of the species protected by
10Section 2.2 without procuring a hunting license, but the
11hunting shall be done only during such periods of time and with
12devices and by methods as are permitted by this Act. For the
13purpose of this Section a person is a person with a disability
14when that person has a Type 1 or Type 4, Class 2 disability as
15defined in Section 4A of the Illinois Identification Card Act.
16For purposes of this Section, an Illinois Person with a
17Disability Identification Card issued pursuant to the Illinois
18Identification Card Act indicating that the person named has a
19Type 1 or Type 4, Class 2 disability shall be adequate
20documentation of the disability.
21    (d) A courtesy non-resident license, permit, or stamp for
22taking game may be issued at the discretion of the Director,
23without fee, to any person officially employed in the game and
24fish or conservation department of another state or of the
25United States who is within the State to assist or consult or
26cooperate with the Director; or to the officials of other

 

 

SB3184- 36 -LRB102 22923 CMG 32077 b

1states, the United States, foreign countries, or officers or
2representatives of conservation organizations or publications
3while in the State as guests of the Governor or Director. The
4Director may provide to nonresident participants and official
5gunners at field trials an exemption from licensure while
6participating in a field trial.
7    (e) State Migratory Waterfowl Stamps shall be required for
8those persons qualifying under subsections (c) and (d) who
9intend to hunt migratory waterfowl, including coots, to the
10extent that hunting licenses of the various types are
11authorized and required by this Section for those persons.
12    (f) Registration in the U.S. Fish and Wildlife Migratory
13Bird Harvest Information Program shall be required for those
14persons who are required to have a hunting license before
15taking or attempting to take any bird of the species defined as
16migratory game birds by Section 2.2, except that this
17subsection shall not apply to crows in this State or
18hand-reared birds on licensed game breeding and hunting
19preserve areas, for which an open season is established by
20this Act. Persons registering with the Program must carry
21proof of registration with them while migratory bird hunting.
22    The Department shall publish suitable prescribed
23regulations pertaining to registration by the migratory bird
24hunter in the U.S. Fish and Wildlife Service Migratory Bird
25Harvest Information Program.
26(Source: P.A. 99-143, eff. 7-27-15; 100-638, eff. 1-1-19.)
 

 

 

SB3184- 37 -LRB102 22923 CMG 32077 b

1    (520 ILCS 5/3.1-2)  (from Ch. 61, par. 3.1-2)
2    Sec. 3.1-2. Veterans who, according to the determination
3of the Veterans' Administration as certified by the Department
4of Veterans' Affairs, are at least 10% disabled with
5service-related disabilities or in receipt of total disability
6pensions and former prisoners of war may hunt and trap any of
7the species protected by Section 2.2, during such times, with
8such devices and by such methods as are permitted by this Act,
9without procuring hunting and trapping licenses, State Habitat
10Stamps, and State Waterfowl Stamps on the condition that their
11respective disabilities do not prevent them from hunting and
12trapping in a manner which is safe to themselves and others.
13(Source: P.A. 102-524, eff. 8-20-21.)
 
14    (520 ILCS 5/3.25)  (from Ch. 61, par. 3.25)
15    Sec. 3.25. Any individual who, within the State of
16Illinois, holds, possesses or engages in the breeding or
17raising of live fur-bearing mammals, protected by this Act,
18except as provided in Sections 1.6 or 1.7, shall be a
19fur-bearing mammal breeder in the meaning of this Act. Before
20any individual shall hold, possess or engage in the breeding
21or raising of live fur-bearing mammals, he shall first procure
22a fur-bearing mammal breeder permit. Fur-bearing mammal
23breeder permits shall be issued by the Department. The annual
24fee for each fur-bearing mammal breeder permit shall be $25.

 

 

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1All fur-bearing mammal breeder permits shall expire on March
231 of each year.
3    Holders of fur-bearing mammal breeder permits may hold,
4possess, engage in the breeding or raising, sell, or otherwise
5dispose of live fur-bearing mammals or their green hides,
6possessed thereunder, at any time of the year.
7    Fur-bearing mammal breeders shall keep a record for 2
8years from the date of the acquisition, sale or other
9disposition of each live fur-bearing mammal or its green hide
10so raised or propagated, showing the date of such transaction,
11the name and address of the individual receiving or buying
12such live fur-bearing mammal or its green hide, and when
13requested to do so, shall furnish such individual with a
14certificate of purchase showing the number and kinds of live
15fur-bearing mammals or green hides so disposed of, the date of
16the transaction, the name and permit number of the breeder,
17and the name of the individual receiving, collecting, or
18buying such live fur-bearing mammals or green hides, and such
19other information as the Department may require. Such records
20and certificates of purchase shall be immediately presented to
21officers or authorized employees of the Department, any
22sheriff, deputy sheriff, or other peace officer when request
23is made for same. Failure to produce such records or
24certificates of purchase shall be prima facie evidence that
25such live fur-bearing mammals or green hides are contraband
26with the State of Illinois. The holder of a fur-bearing mammal

 

 

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1breeder permit may exhibit fur-bearing mammals commercially.
2    Nothing in this Section shall be construed to give any
3such permittee authority to take fur-bearing mammals in their
4wild state contrary to other provisions of this Act, or to
5remove such permittee from responsibility for the observance
6of any Federal Laws, rules or regulations which may apply to
7such fur-bearing mammals.
8    Holders of fur-bearing mammal breeder permits may import
9fur-bearing mammals into the State of Illinois but may release
10the same only after health and disease prevention requirements
11set forth by the Director and other State agencies have been
12met and permission of the Director has been granted.
13    The breeding, raising and producing in captivity, and the
14marketing, by the producer, of mink (Mustela vison), red fox
15(Vulpes vulpes) or arctic fox (Alopex lagopus), as live
16animals, or as animal pelts or carcasses shall be deemed an
17agricultural pursuit, and all such animals so raised in
18captivity shall be deemed domestic animals, subject to all the
19laws of the State with reference to possession and ownership
20as are applicable at any time to domestic animals. All
21individuals engaged in the foregoing activities are fur
22farmers and engaged in farming for all statutory purposes.
23Such individuals are exempt from the fur-bearing mammal
24breeder permit requirements set forth in this Section if: (1)
25they are defined as farmers for Federal income tax purposes,
26and (2) at least 20 percent of their gross farm income as

 

 

SB3184- 40 -LRB102 22923 CMG 32077 b

1reported on Federal tax form Schedule F (Form 1040) for the
2previous year is generated from the sale of mink, red fox or
3arctic fox as live animals, animal pelts or carcasses.
4    No fur-bearing mammal breeder permits will be issued to
5hold, possess, or engage in the breeding and raising of
6striped skunks acquired after July 1, 1975, or coyotes
7acquired after July 1, 1978, except for coyotes that are held
8or possessed by a person who holds a hound running area permit
9under Section 3.26 of this Act. No fur-bearing mammal breeder
10permits will be issued to hold, possess, or engage in the
11breeding and raising of any dangerous animal as defined in
12Section 48-10 of the Criminal Code of 2012 acquired after July
131, 2022 except for coyotes that are held or possessed by a
14person who holds a hound running area permit under Section
153.26.
16(Source: P.A. 95-196, eff. 1-1-08.)
 
17    (520 ILCS 5/3.36)  (from Ch. 61, par. 3.36)
18    Sec. 3.36. Revocation and suspension.
19    (a) Whenever a license or permit is issued to any person
20under this Act, and the holder thereof is found guilty of any
21misrepresentation in obtaining such license or permit or of a
22violation of Section 48-3 of the Criminal Code of 2012 or a
23violation of any of the provisions of this Act, including
24administrative rules, or a violation of the United States Code
25that involves the taking, possessing, killing, harvesting,

 

 

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1transportation, selling, exporting, or importing any wildlife
2protected by this Code when any part of the United States Code
3violation occurred in Illinois, his license or permit may be
4revoked by the Department, and the Department may refuse to
5issue any permit or license to such person and may suspend the
6person from engaging in the activity requiring the permit or
7license for a period of time not to exceed 5 years following
8such revocation.
9    Department revocation procedures shall be established by
10Administrative rule.
11    (b) Whenever any person who has not been issued a license
12or a permit under the provisions of this Code is found guilty
13of a violation of Section 48-3 of the Criminal Code of 2012 or
14a violation of the provisions of this Code, including
15administrative rules, or a violation of the United States Code
16that involves the taking, possessing, killing, harvesting,
17transportation, selling, exporting, or importing any wildlife
18protected by this Code when any part of the United States Code
19violation occurred in Illinois, the Department may refuse to
20issue any permit or license to that person, and suspend that
21person from engaging in the activity requiring the permit or
22license for a period of time not to exceed 5 years.
23    (c) Any person who knowingly or intentionally violates any
24of the provisions of this Act, including administrative rules,
25during such period when his license or permit is revoked or
26denied by virtue of this Section or during the time he is

 

 

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1suspended under subsection (b), shall be guilty of a Class A
2misdemeanor. The penalties for a violation of Section 48-3 of
3the Criminal Code of 2012 shall be as provided in that Section.
4    (d) Licenses and permits authorized to be issued under the
5provisions of this Act shall be prepared by the Department and
6be in such form as prescribed by the Department. The
7information required on each license shall be completed
8thereon by the issuing agent or his sub-agent at the time of
9issuance and each license shall be signed by the licensee, or
10initialed by the designated purchaser and then signed
11immediately upon receipt by the licensee, and countersigned by
12the issuing agent or his sub-agent at the time of issuance. All
13such licenses shall be supplied by the Department, subject to
14such rules and regulations as the Department may prescribe.
15Any license not properly prepared, obtained and signed as
16required by this Act shall be void.
17    (e) A person whose license or permit to engage in any
18activity regulated by this Code has been suspended or revoked
19may not, during the period of the suspension or revocation or
20until obtaining such a license or permit, (i) be in the company
21of any person engaging in the activity covered by the
22suspension or revocation or (ii) serve as a guide, outfitter,
23or facilitator for a person who is engaged or prepared to
24engage in the activity covered by the suspension or
25revocation.
26    (f) No person may be issued or obtain a license or permit

 

 

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1or engage in any activity regulated by this Code during the
2time that the person's privilege to engage in the same or
3similar activities is suspended or revoked by another state,
4by a federal agency, or by a province of Canada.
5(Source: P.A. 98-402, eff. 8-16-13.)
 
6    Section 30. The Ginseng Harvesting Act is amended by
7changing Section 6 as follows:
 
8    (525 ILCS 20/6)
9    Sec. 6. Additional license revocation and denial
10provisions.
11    (a) If a license has been issued to any person under this
12Act and that person is found guilty of any misrepresentation
13in obtaining that license or a violation of any of the
14provisions of this Act or its rules or a violation of the
15United States Code that involves the possession, use, sale,
16transportation, or harvesting of ginseng when any part of the
17United States Code violation occurred in Illinois, the license
18may be revoked by the Department. The Department may also
19refuse to issue any license to that person and may suspend that
20person from engaging in any activity requiring the license for
21a period of time not to exceed 5 years following the
22revocation.
23    (b) If a person who has not been issued a license under
24this Act is found guilty of a violation of any of the

 

 

SB3184- 44 -LRB102 22923 CMG 32077 b

1provisions of this Act or its rules or a violation of the
2United States Code that involves the possession, use, sale,
3transportation, or harvesting of ginseng when any part of the
4United States Code violation occurred in Illinois, the
5Department may refuse to issue any license to that person and
6may suspend that person from engaging in any activity
7requiring the license for a period of time not to exceed 5
8years.
9    (c) The Department's license revocation procedures must be
10established by administrative rule.
11    (d) Any person who violates any of the provisions of this
12Act or its rules during any period when his or her license is
13revoked or denied by virtue of this Section, or during the time
14he or she is suspended under subsection (b), is guilty of a
15Class A misdemeanor.
16    (e) A person whose license to engage in any activity
17regulated under this Act has been suspended or revoked may
18not, during the period of the suspension or revocation or
19until obtaining the proper license, (i) be in the company of
20any person engaging in the activity covered by the license or
21(ii) serve as a guide or facilitator for a person who is
22engaged or prepared to engage in the activity covered by the
23license.
24(Source: P.A. 92-385, eff. 8-16-01.)
 
25    Section 35. The Criminal Code of 2012 is amended by

 

 

SB3184- 45 -LRB102 22923 CMG 32077 b

1changing Section 24-2 as follows:
 
2    (720 ILCS 5/24-2)
3    Sec. 24-2. Exemptions.
4    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
524-1(a)(13) and Section 24-1.6 do not apply to or affect any of
6the following:
7        (1) Peace officers, and any person summoned by a peace
8    officer to assist in making arrests or preserving the
9    peace, while actually engaged in assisting such officer.
10        (2) Wardens, superintendents and keepers of prisons,
11    penitentiaries, jails and other institutions for the
12    detention of persons accused or convicted of an offense,
13    while in the performance of their official duty, or while
14    commuting between their homes and places of employment.
15        (3) Members of the Armed Services or Reserve Forces of
16    the United States or the Illinois National Guard or the
17    Reserve Officers Training Corps, while in the performance
18    of their official duty.
19        (4) Special agents employed by a railroad or a public
20    utility to perform police functions, and guards of armored
21    car companies, while actually engaged in the performance
22    of the duties of their employment or commuting between
23    their homes and places of employment; and watchmen while
24    actually engaged in the performance of the duties of their
25    employment.

 

 

SB3184- 46 -LRB102 22923 CMG 32077 b

1        (5) Persons licensed as private security contractors,
2    private detectives, or private alarm contractors, or
3    employed by a private security contractor, private
4    detective, or private alarm contractor agency licensed by
5    the Department of Financial and Professional Regulation,
6    if their duties include the carrying of a weapon under the
7    provisions of the Private Detective, Private Alarm,
8    Private Security, Fingerprint Vendor, and Locksmith Act of
9    2004, while actually engaged in the performance of the
10    duties of their employment or commuting between their
11    homes and places of employment. A person shall be
12    considered eligible for this exemption if he or she has
13    completed the required 20 hours of training for a private
14    security contractor, private detective, or private alarm
15    contractor, or employee of a licensed private security
16    contractor, private detective, or private alarm contractor
17    agency and 28 hours of required firearm training, and has
18    been issued a firearm control card by the Department of
19    Financial and Professional Regulation. Conditions for the
20    renewal of firearm control cards issued under the
21    provisions of this Section shall be the same as for those
22    cards issued under the provisions of the Private
23    Detective, Private Alarm, Private Security, Fingerprint
24    Vendor, and Locksmith Act of 2004. The firearm control
25    card shall be carried by the private security contractor,
26    private detective, or private alarm contractor, or

 

 

SB3184- 47 -LRB102 22923 CMG 32077 b

1    employee of the licensed private security contractor,
2    private detective, or private alarm contractor agency at
3    all times when he or she is in possession of a concealable
4    weapon permitted by his or her firearm control card.
5        (6) Any person regularly employed in a commercial or
6    industrial operation as a security guard for the
7    protection of persons employed and private property
8    related to such commercial or industrial operation, while
9    actually engaged in the performance of his or her duty or
10    traveling between sites or properties belonging to the
11    employer, and who, as a security guard, is a member of a
12    security force registered with the Department of Financial
13    and Professional Regulation; provided that such security
14    guard has successfully completed a course of study,
15    approved by and supervised by the Department of Financial
16    and Professional Regulation, consisting of not less than
17    48 hours of training that includes the theory of law
18    enforcement, liability for acts, and the handling of
19    weapons. A person shall be considered eligible for this
20    exemption if he or she has completed the required 20 hours
21    of training for a security officer and 28 hours of
22    required firearm training, and has been issued a firearm
23    control card by the Department of Financial and
24    Professional Regulation. Conditions for the renewal of
25    firearm control cards issued under the provisions of this
26    Section shall be the same as for those cards issued under

 

 

SB3184- 48 -LRB102 22923 CMG 32077 b

1    the provisions of the Private Detective, Private Alarm,
2    Private Security, Fingerprint Vendor, and Locksmith Act of
3    2004. The firearm control card shall be carried by the
4    security guard at all times when he or she is in possession
5    of a concealable weapon permitted by his or her firearm
6    control card.
7        (7) Agents and investigators of the Illinois
8    Legislative Investigating Commission authorized by the
9    Commission to carry the weapons specified in subsections
10    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
11    any investigation for the Commission.
12        (8) Persons employed by a financial institution as a
13    security guard for the protection of other employees and
14    property related to such financial institution, while
15    actually engaged in the performance of their duties,
16    commuting between their homes and places of employment, or
17    traveling between sites or properties owned or operated by
18    such financial institution, and who, as a security guard,
19    is a member of a security force registered with the
20    Department; provided that any person so employed has
21    successfully completed a course of study, approved by and
22    supervised by the Department of Financial and Professional
23    Regulation, consisting of not less than 48 hours of
24    training which includes theory of law enforcement,
25    liability for acts, and the handling of weapons. A person
26    shall be considered to be eligible for this exemption if

 

 

SB3184- 49 -LRB102 22923 CMG 32077 b

1    he or she has completed the required 20 hours of training
2    for a security officer and 28 hours of required firearm
3    training, and has been issued a firearm control card by
4    the Department of Financial and Professional Regulation.
5    Conditions for renewal of firearm control cards issued
6    under the provisions of this Section shall be the same as
7    for those issued under the provisions of the Private
8    Detective, Private Alarm, Private Security, Fingerprint
9    Vendor, and Locksmith Act of 2004. The firearm control
10    card shall be carried by the security guard at all times
11    when he or she is in possession of a concealable weapon
12    permitted by his or her firearm control card. For purposes
13    of this subsection, "financial institution" means a bank,
14    savings and loan association, credit union or company
15    providing armored car services.
16        (9) Any person employed by an armored car company to
17    drive an armored car, while actually engaged in the
18    performance of his duties.
19        (10) Persons who have been classified as peace
20    officers pursuant to the Peace Officer Fire Investigation
21    Act.
22        (11) Investigators of the Office of the State's
23    Attorneys Appellate Prosecutor authorized by the board of
24    governors of the Office of the State's Attorneys Appellate
25    Prosecutor to carry weapons pursuant to Section 7.06 of
26    the State's Attorneys Appellate Prosecutor's Act.

 

 

SB3184- 50 -LRB102 22923 CMG 32077 b

1        (12) Special investigators appointed by a State's
2    Attorney under Section 3-9005 of the Counties Code.
3        (12.5) Probation officers while in the performance of
4    their duties, or while commuting between their homes,
5    places of employment or specific locations that are part
6    of their assigned duties, with the consent of the chief
7    judge of the circuit for which they are employed, if they
8    have received weapons training according to requirements
9    of the Peace Officer and Probation Officer Firearm
10    Training Act.
11        (13) Court Security Officers while in the performance
12    of their official duties, or while commuting between their
13    homes and places of employment, with the consent of the
14    Sheriff.
15        (13.5) A person employed as an armed security guard at
16    a nuclear energy, storage, weapons or development site or
17    facility regulated by the Nuclear Regulatory Commission
18    who has completed the background screening and training
19    mandated by the rules and regulations of the Nuclear
20    Regulatory Commission.
21        (14) Manufacture, transportation, or sale of weapons
22    to persons authorized under subdivisions (1) through
23    (13.5) of this subsection to possess those weapons.
24    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
25to or affect any person carrying a concealed pistol, revolver,
26or handgun and the person has been issued a currently valid

 

 

SB3184- 51 -LRB102 22923 CMG 32077 b

1license under the Firearm Concealed Carry Act at the time of
2the commission of the offense.
3     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
4to or affect a qualified current or retired law enforcement
5officer qualified under the laws of this State or under the
6federal Law Enforcement Officers Safety Act.
7    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
824-1.6 do not apply to or affect any of the following:
9        (1) Members of any club or organization organized for
10    the purpose of practicing shooting at targets upon
11    established target ranges, whether public or private, and
12    patrons of such ranges, while such members or patrons are
13    using their firearms on those target ranges.
14        (2) Duly authorized military or civil organizations
15    while parading, with the special permission of the
16    Governor.
17        (3) Hunters, trappers, or fishermen with a license or
18    permit while engaged in lawful hunting, trapping, or
19    fishing under the provisions of the Wildlife Code or the
20    Fish and Aquatic Life Code.
21        (4) Transportation of weapons that are broken down in
22    a non-functioning state or are not immediately accessible.
23        (5) Carrying or possessing any pistol, revolver, stun
24    gun or taser or other firearm on the land or in the legal
25    dwelling of another person as an invitee with that
26    person's permission.

 

 

SB3184- 52 -LRB102 22923 CMG 32077 b

1    (c) Subsection 24-1(a)(7) does not apply to or affect any
2of the following:
3        (1) Peace officers while in performance of their
4    official duties.
5        (2) Wardens, superintendents and keepers of prisons,
6    penitentiaries, jails and other institutions for the
7    detention of persons accused or convicted of an offense.
8        (3) Members of the Armed Services or Reserve Forces of
9    the United States or the Illinois National Guard, while in
10    the performance of their official duty.
11        (4) Manufacture, transportation, or sale of machine
12    guns to persons authorized under subdivisions (1) through
13    (3) of this subsection to possess machine guns, if the
14    machine guns are broken down in a non-functioning state or
15    are not immediately accessible.
16        (5) Persons licensed under federal law to manufacture
17    any weapon from which 8 or more shots or bullets can be
18    discharged by a single function of the firing device, or
19    ammunition for such weapons, and actually engaged in the
20    business of manufacturing such weapons or ammunition, but
21    only with respect to activities which are within the
22    lawful scope of such business, such as the manufacture,
23    transportation, or testing of such weapons or ammunition.
24    This exemption does not authorize the general private
25    possession of any weapon from which 8 or more shots or
26    bullets can be discharged by a single function of the

 

 

SB3184- 53 -LRB102 22923 CMG 32077 b

1    firing device, but only such possession and activities as
2    are within the lawful scope of a licensed manufacturing
3    business described in this paragraph.
4        During transportation, such weapons shall be broken
5    down in a non-functioning state or not immediately
6    accessible.
7        (6) The manufacture, transport, testing, delivery,
8    transfer or sale, and all lawful commercial or
9    experimental activities necessary thereto, of rifles,
10    shotguns, and weapons made from rifles or shotguns, or
11    ammunition for such rifles, shotguns or weapons, where
12    engaged in by a person operating as a contractor or
13    subcontractor pursuant to a contract or subcontract for
14    the development and supply of such rifles, shotguns,
15    weapons or ammunition to the United States government or
16    any branch of the Armed Forces of the United States, when
17    such activities are necessary and incident to fulfilling
18    the terms of such contract.
19        The exemption granted under this subdivision (c)(6)
20    shall also apply to any authorized agent of any such
21    contractor or subcontractor who is operating within the
22    scope of his employment, where such activities involving
23    such weapon, weapons or ammunition are necessary and
24    incident to fulfilling the terms of such contract.
25        (7) A person possessing a rifle with a barrel or
26    barrels less than 16 inches in length if: (A) the person

 

 

SB3184- 54 -LRB102 22923 CMG 32077 b

1    has been issued a Curios and Relics license from the U.S.
2    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
3    (B) the person is an active member of a bona fide,
4    nationally recognized military re-enacting group and the
5    modification is required and necessary to accurately
6    portray the weapon for historical re-enactment purposes;
7    the re-enactor is in possession of a valid and current
8    re-enacting group membership credential; and the overall
9    length of the weapon as modified is not less than 26
10    inches.
11    (d) Subsection 24-1(a)(1) does not apply to the purchase,
12possession or carrying of a black-jack or slung-shot by a
13peace officer.
14    (e) Subsection 24-1(a)(8) does not apply to any owner,
15manager or authorized employee of any place specified in that
16subsection nor to any law enforcement officer.
17    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
18Section 24-1.6 do not apply to members of any club or
19organization organized for the purpose of practicing shooting
20at targets upon established target ranges, whether public or
21private, while using their firearms on those target ranges.
22    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
23to:
24        (1) Members of the Armed Services or Reserve Forces of
25    the United States or the Illinois National Guard, while in
26    the performance of their official duty.

 

 

SB3184- 55 -LRB102 22923 CMG 32077 b

1        (2) Bonafide collectors of antique or surplus military
2    ordnance.
3        (3) Laboratories having a department of forensic
4    ballistics, or specializing in the development of
5    ammunition or explosive ordnance.
6        (4) Commerce, preparation, assembly or possession of
7    explosive bullets by manufacturers of ammunition licensed
8    by the federal government, in connection with the supply
9    of those organizations and persons exempted by subdivision
10    (g)(1) of this Section, or like organizations and persons
11    outside this State, or the transportation of explosive
12    bullets to any organization or person exempted in this
13    Section by a common carrier or by a vehicle owned or leased
14    by an exempted manufacturer.
15    (g-5) Subsection 24-1(a)(6) does not apply to or affect
16persons licensed under federal law to manufacture any device
17or attachment of any kind designed, used, or intended for use
18in silencing the report of any firearm, firearms, or
19ammunition for those firearms equipped with those devices, and
20actually engaged in the business of manufacturing those
21devices, firearms, or ammunition, but only with respect to
22activities that are within the lawful scope of that business,
23such as the manufacture, transportation, or testing of those
24devices, firearms, or ammunition. This exemption does not
25authorize the general private possession of any device or
26attachment of any kind designed, used, or intended for use in

 

 

SB3184- 56 -LRB102 22923 CMG 32077 b

1silencing the report of any firearm, but only such possession
2and activities as are within the lawful scope of a licensed
3manufacturing business described in this subsection (g-5).
4During transportation, these devices shall be detached from
5any weapon or not immediately accessible.
6    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
724-1.6 do not apply to or affect any parole agent or parole
8supervisor who meets the qualifications and conditions
9prescribed in Section 3-14-1.5 of the Unified Code of
10Corrections.
11    (g-7) Subsection 24-1(a)(6) does not apply to a peace
12officer while serving as a member of a tactical response team
13or special operations team. A peace officer may not personally
14own or apply for ownership of a device or attachment of any
15kind designed, used, or intended for use in silencing the
16report of any firearm. These devices shall be owned and
17maintained by lawfully recognized units of government whose
18duties include the investigation of criminal acts.
19    (g-10) (Blank).
20    (h) An information or indictment based upon a violation of
21any subsection of this Article need not negative any
22exemptions contained in this Article. The defendant shall have
23the burden of proving such an exemption.
24    (i) Nothing in this Article shall prohibit, apply to, or
25affect the transportation, carrying, or possession, of any
26pistol or revolver, stun gun, taser, or other firearm

 

 

SB3184- 57 -LRB102 22923 CMG 32077 b

1consigned to a common carrier operating under license of the
2State of Illinois or the federal government, where such
3transportation, carrying, or possession is incident to the
4lawful transportation in which such common carrier is engaged;
5and nothing in this Article shall prohibit, apply to, or
6affect the transportation, carrying, or possession of any
7pistol, revolver, stun gun, taser, or other firearm, not the
8subject of and regulated by subsection 24-1(a)(7) or
9subsection 24-2(c) of this Article, which is unloaded and
10enclosed in a case, firearm carrying box, shipping box, or
11other container, by the possessor of a valid Firearm Owners
12Identification Card.
13(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.