Full Text of HB3785 94th General Assembly
HB3785enr 94TH GENERAL ASSEMBLY
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HB3785 Enrolled |
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| AN ACT concerning animals.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Fish and Aquatic Life Code is amended by | 5 |
| changing Section 20-35 as follows:
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| (515 ILCS 5/20-35) (from Ch. 56, par. 20-35)
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| Sec. 20-35. Offenses.
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| (a) Except as prescribed in Section 5-25 and unless | 9 |
| otherwise provided in
this Code, any person who is found guilty | 10 |
| of violating any of the provisions
of this Code, including | 11 |
| administrative rules, is guilty of a petty offense.
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| Any person who violates any of the provisions of Section | 13 |
| 5-20, 10-5,
10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-50, | 14 |
| 10-60, 10-70, 10-75, 10-95,
10-115, 10-135, 15-5, 15-10, 15-15, | 15 |
| 15-20, 15-30, 15-32, 15-40, 15-45, 15-55,
15-60, 15-65, 15-75, | 16 |
| 15-80, 15-85, 15-90, 15-95, 15-100, 15-105, 15-110,
15-115, | 17 |
| 15-120, 15-130, 15-140, 20-70, 20-75, 20-80, 20-85 (except | 18 |
| subsections (b), (c), (d), (e), (f), and (g)) , 25-10, 25-15, or
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| 25-20 of this Code, including administrative rules relating to | 20 |
| those Sections,
is guilty of a Class B misdemeanor.
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| Any person who violates any of the provisions of Section | 22 |
| 1-200, 1-205,
10-55, 10-80, 15-35, or 20-120 of this Code, | 23 |
| including administrative rules
relating to those Sections, is | 24 |
| guilty of a Class A misdemeanor.
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| Any person who violates any of the provisions of this Code, | 26 |
| including
administrative rules, during the 5 years following | 27 |
| the revocation of his or
her license, permit, or privileges | 28 |
| under Section 20-105 is guilty of a Class
A misdemeanor.
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| Any person who violates Section 5-25 of this Code, | 30 |
| including administrative
rules, is guilty of a Class 3 felony.
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| (b)(1) It is unlawful for any person to take or attempt to | 32 |
| take aquatic
life from any aquatic life farm except with the |
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| consent of the owner of the
aquatic life farm. Any person | 2 |
| possessing fishing tackle on the premises of an
aquatic life | 3 |
| farm is presumed to be fishing. The presumption may be rebutted
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| by clear and convincing evidence. All fishing tackle, | 5 |
| apparatus, and vehicles
used in the violation of this | 6 |
| subsection (b) shall be confiscated by the
arresting officer. | 7 |
| Except as otherwise provided in this subsection, the
seizure | 8 |
| and confiscation procedures set forth in Section 1-215 of this | 9 |
| Code
shall apply. If the confiscated property is determined by | 10 |
| the circuit court
to have been used in the violation of this | 11 |
| subsection (b), the confiscated
property shall be sold at | 12 |
| public auction by the county sheriff of the county
where the | 13 |
| violation occurred. The proceeds of the sale shall be deposited | 14 |
| in
the county general fund; provided that the auction may be | 15 |
| stayed by an
appropriate court order.
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| (2) A violation of paragraph (1) of this subsection (b) is | 17 |
| a Class A
misdemeanor for a first offense and a Class 4 felony | 18 |
| for a second or subsequent
offense.
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| (c)(1) It is unlawful for any person to trespass or fish on | 20 |
| an aquatic life
farm located on a strip mine lake or other body | 21 |
| of water used for aquatic life
farming operations, or within a | 22 |
| 200 foot buffer zone surrounding cages or
netpens that are | 23 |
| clearly delineated by buoys of a posted aquatic life farm, by
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| swimming, scuba diving, or snorkeling in, around, or under the | 25 |
| aquatic life
farm or by operating a watercraft over, around, or | 26 |
| in the aquatic life farm
without the consent of the owner of | 27 |
| the aquatic life farm.
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| (2) A violation of paragraph (1) of this subsection (c) is | 29 |
| a Class B
misdemeanor for a first offense and a Class A | 30 |
| misdemeanor for a second or
subsequent offense. All fishing | 31 |
| tackle, apparatus, and watercraft used in a
second or | 32 |
| subsequent violation of this subsection (c) shall be | 33 |
| confiscated by
the arresting officer. Except as otherwise | 34 |
| provided in this subsection, the
seizure and confiscation | 35 |
| procedures set forth in Section 1-215 of this Code
shall apply. | 36 |
| If the confiscated property is determined by the circuit court
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| to have been used in a violation of this subsection (c), the | 2 |
| confiscated
property shall be sold at public auction by the | 3 |
| county sheriff of the county
where the violation occurred. The | 4 |
| proceeds of the sale shall be deposited
in the county general | 5 |
| fund; provided that the auction may be stayed by an
appropriate | 6 |
| court order.
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| (d) Offenses committed by minors under the direct control | 8 |
| or with the
consent of a parent or guardian may subject the | 9 |
| parent or guardian to the
penalties prescribed in this Section | 10 |
| or as otherwise provided in this Code.
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| (e) In addition to any fines imposed under this Section, or | 12 |
| as otherwise
provided in this Code, any person found guilty of | 13 |
| unlawfully taking or
possessing any aquatic life protected by | 14 |
| this Code shall be assessed a
civil penalty for that aquatic | 15 |
| life in accordance with the values
prescribed in Section 5-25 | 16 |
| of this Code. This civil penalty shall be
imposed at the time | 17 |
| of the conviction by the Circuit Court for the county
where the | 18 |
| offense was committed. Except as otherwise provided for in
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| subsections (b) and (c) of this Section, all penalties provided | 20 |
| for in this
Section shall be remitted to the Department in | 21 |
| accordance with the provisions
of Section 1-180 of this Code.
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| (Source: P.A. 92-385, eff. 8-16-01; 92-513, eff. 6-1-02; | 23 |
| 92-651, eff.
7-11-02.)
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| Section 10. The Wildlife Code is amended by changing | 25 |
| Section 3.5 as follows:
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| (520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
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| Sec. 3.5. Penalties; probation.
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| (a) Any person who violates any of the provisions of | 29 |
| Section
2.36a,
including administrative rules, shall be guilty | 30 |
| of a Class 3 felony, except
as otherwise provided in subsection | 31 |
| (b) of this Section and subsection (a) of
Section 2.36a.
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| (b) Whenever any person who has not previously been | 33 |
| convicted of, or
placed
on probation or court supervision for, | 34 |
| any offense under Section 1.22,
2.36, or 2.36a or subsection |
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| (i) or (cc) of Section
2.33, the court may, without entering a
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| judgment and with the person's consent, sentence the person to | 3 |
| probation for a
violation of Section 2.36a.
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| (1) When a person is placed on probation, the court | 5 |
| shall enter an order
specifying a period of probation of 24 | 6 |
| months and shall defer further
proceedings in
the case | 7 |
| until the conclusion of the period or until the filing of a | 8 |
| petition
alleging violation of a term or condition of | 9 |
| probation.
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| (2) The conditions of probation shall be that the | 11 |
| person:
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| (A) Not violate
any criminal statute of any | 13 |
| jurisdiction.
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| (B) Perform no less than 30 hours of community | 15 |
| service, provided
community
service is available in | 16 |
| the jurisdiction and is funded and approved by the
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| county board.
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| (3) The court may, in addition to other conditions:
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| (A) Require that the person make a report to and | 20 |
| appear in person before
or participate with the
court | 21 |
| or courts, person, or social service agency as directed | 22 |
| by the
court in the order of probation.
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| (B) Require that the person pay a fine and costs.
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| (C) Require that the person refrain from | 25 |
| possessing a firearm or other
dangerous weapon.
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| (D) Prohibit the person from associating with any | 27 |
| person who is actively
engaged in any of the activities | 28 |
| regulated by the permits issued or privileges
granted | 29 |
| by the Department of Natural Resources.
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| (4) Upon violation of a term or condition of probation, | 31 |
| the
court
may enter a judgment on its original finding of | 32 |
| guilt and proceed as otherwise
provided.
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| (5) Upon fulfillment of the terms and
conditions of | 34 |
| probation, the court shall discharge the person and dismiss
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| the proceedings against the person.
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| (6) A disposition of probation is considered to be a |
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| conviction
for the purposes of imposing the conditions of | 2 |
| probation, for appeal, and for
administrative revocation | 3 |
| and suspension of licenses and privileges;
however, | 4 |
| discharge and dismissal under this Section is not a | 5 |
| conviction for
purposes of disqualification or | 6 |
| disabilities imposed by law upon conviction of
a crime.
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| (7) Discharge and dismissal under this Section
may | 8 |
| occur only once
with respect to any person.
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| (8) If a person is convicted of an offense under this
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| Act within 5 years
subsequent to a discharge and dismissal | 11 |
| under this Section, the discharge and
dismissal under this | 12 |
| Section shall be admissible in the sentencing proceeding
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| for that conviction
as a factor in aggravation.
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| (9) The Circuit Clerk shall notify the Department of | 15 |
| State Police of all
persons convicted of or placed under | 16 |
| probation for violations of Section
2.36a.
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| (c) Any person who violates any of the provisions of | 18 |
| Sections 2.9, 2.11,
2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, | 19 |
| 2.31, 2.32, 2.33 (except
subsections (g), (i), (o), (p), (y), | 20 |
| and (cc)), 2.33-1, 2.33a, 3.3,
3.4, 3.11 - 3.16, 3.19 - 3.21 | 21 |
| (except subsections (b), (c), (d), (e), (f), (f.5), (g), (h), | 22 |
| and (i)) , and 3.24 - 3.26, including administrative
rules, | 23 |
| shall be guilty of a Class B misdemeanor.
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| Any person who violates any of the
provisions of Sections | 25 |
| 1.22,
2.4, 2.36 and 2.38, including administrative rules, shall | 26 |
| be guilty of a
Class A misdemeanor. Any second or subsequent | 27 |
| violations of Sections
2.4 and 2.36 shall be a Class 4 felony.
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| Any person who violates any of the provisions of this Act, | 29 |
| including
administrative rules, during such period when his | 30 |
| license, privileges, or
permit is revoked or denied by virtue | 31 |
| of Section 3.36, shall be guilty of a
Class A misdemeanor.
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| Any person who violates subsection (g), (i), (o), (p), (y), | 33 |
| or (cc)
of Section 2.33 shall be guilty of a Class A | 34 |
| misdemeanor and subject to a
fine of no less than $500 and no | 35 |
| more than $5,000 in addition to other
statutory penalties.
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| Any person who violates any other of
the provisions of this |
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HB3785 Enrolled |
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LRB094 08505 RCE 42536 b |
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| Act
including administrative rules, unless otherwise stated, | 2 |
| shall be
guilty of a petty offense. Offenses committed by | 3 |
| minors under the
direct control or with the consent of a parent | 4 |
| or guardian may subject
the parent or guardian to the penalties | 5 |
| prescribed in this Section.
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| In addition to any fines imposed pursuant to the provisions | 7 |
| of this
Section or as otherwise provided in this Act, any | 8 |
| person found guilty of
unlawfully taking or possessing any | 9 |
| species protected by this Act, shall be
assessed a civil | 10 |
| penalty for such species in accordance with the values
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| prescribed in Section 2.36a of this Act. This civil penalty | 12 |
| shall be
imposed by the Circuit Court for the county within | 13 |
| which the offense was
committed at the time of the conviction. | 14 |
| All penalties provided for in
this Section shall be remitted to | 15 |
| the Department in accordance with the
same provisions provided | 16 |
| for in Section 1.18 of this Act.
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| (Source: P.A. 90-743, eff. 1-1-99.)
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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.
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