Full Text of HB3908 99th General Assembly
HB3908 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3908 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: |
| 510 ILCS 68/105-40 | | 515 ILCS 5/1-185 | from Ch. 56, par. 1-185 | 520 ILCS 5/1.19 | from Ch. 61, par. 1.19 |
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Amends the Herptiles-Herps Act, the Fish and Aquatic Life Code, and the Wildlife Code. Provides that no employee of the Department of Natural Resources shall search any home or its curtilage without a valid warrant, permission, or probable cause that the home or its curtilage contains evidence of a violation of the Acts. Makes other changes. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning wildlife.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Herptiles-Herps Act is amended by changing | 5 | | Section 105-40 as follows: | 6 | | (510 ILCS 68/105-40)
| 7 | | Sec. 105-40. Power of entry and examination; access to | 8 | | lands and waters. Authorized employees of the Department are | 9 | | empowered, under law, to enter all lands and waters to enforce | 10 | | this Act. Authorized employees with a reasonable suspicion that | 11 | | they will find evidence of a violation of this Act may are | 12 | | further empowered to examine all buildings, private or public | 13 | | clubs (except dwellings), fish markets, reptile shows, pet | 14 | | stores, camps, vessels, cars (except sealed railroad cars or | 15 | | other sealed common carriers), conveyances, vehicles, | 16 | | watercraft, or any other means of transportation or shipping, | 17 | | tents, bags, pillowcases, coats, jackets, or other receptacles | 18 | | and to open any box, barrel, package, or other receptacle in | 19 | | the possession of a common carrier, which might contain that | 20 | | they have reason to believe contains reptile or amphibian life | 21 | | or any part of reptile or amphibian life taken, bought, sold or | 22 | | bartered, shipped, or had in possession contrary to this Act, | 23 | | including administrative rules, or that the receptacle |
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| 1 | | containing the reptile or amphibian is falsely labeled. | 2 | | Authorized employees of the Department shall be given free | 3 | | access to and shall not be hindered or interfered with in | 4 | | making an entry and examination. Any permit or license held by | 5 | | a person preventing free access or interfering with or | 6 | | hindering an employee shall not be issued to that person for | 7 | | the period of one year after his or her action. | 8 | | Employees of the Department, as specifically authorized by | 9 | | the Director, are empowered to enter all lands and waters for | 10 | | the purpose of reptile or amphibian investigations, State and | 11 | | federal permit inspections, as well as reptile or amphibian | 12 | | censuses or inventories, and are further empowered to conduct | 13 | | examination of equipment and devices in the field, under law, | 14 | | to ensure compliance with this Act.
| 15 | | However, no employee of the Department shall search any | 16 | | home or its curtilage without a valid warrant, permission, or | 17 | | probable cause that the home or its curtilage contains evidence | 18 | | of a violation of this Act.
| 19 | | In determining what constitutes "curtilage", the | 20 | | Department shall consider, but is not limited to considering, | 21 | | the proximity of the area to the home, whether the area is | 22 | | included within an enclosure surrounding the home, the nature | 23 | | of the uses to which the area is put, the steps taken by the | 24 | | resident to protect the area from observation by people passing | 25 | | by, or any combination of these factors. | 26 | | (Source: P.A. 98-752, eff. 1-1-15 .) |
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| 1 | | Section 10. The Fish and Aquatic Life Code is amended by | 2 | | changing Section 1-185 as follows:
| 3 | | (515 ILCS 5/1-185) (from Ch. 56, par. 1-185)
| 4 | | Sec. 1-185. Power of entry and examination. Authorized | 5 | | employees of the
Department are empowered, under law, to enter | 6 | | all lands and waters to
enforce this Code. Authorized employees | 7 | | with a reasonable suspicion that they will find evidence of a | 8 | | violation of this Code may are further empowered to examine
all | 9 | | buildings, private or public clubs (except dwellings), fish | 10 | | markets,
cold storage houses, locker plants, camps, vessels, | 11 | | cars (except sealed
railroad cars or other common carriers), | 12 | | conveyances, vehicles, water
craft, or any other means of | 13 | | transportation or shipping, tents, game bags,
game coats, or | 14 | | other receptacles and to open and examine any box, barrel,
| 15 | | package, or other receptacle in the possession of a common | 16 | | carrier, which might contain that
they have reason to believe | 17 | | contains aquatic life or any part of aquatic
life taken, | 18 | | bought, sold or bartered, shipped, or had in possession
| 19 | | contrary to this Code, including administrative rules, or that | 20 | | the
receptacle containing the aquatic life is falsely labeled.
| 21 | | Authorized employees of the Department shall be given free | 22 | | access to
and shall not be hindered or interfered with in | 23 | | making an entry and
examination. Any license held by a person | 24 | | preventing free access or
interfering with or hindering an |
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| 1 | | employee shall not be issued to that
person for the period of | 2 | | one year after his or her action.
| 3 | | Employees of the Department as specifically authorized by | 4 | | the Director
are empowered to enter all lands and waters for | 5 | | purposes of pollution
investigations, State and federal permit | 6 | | inspections, as well as aquatic
life and wildlife censuses or | 7 | | inventories, and are further empowered to
conduct examination | 8 | | of equipment and devices in the field, under law, to
ensure | 9 | | compliance with this Code.
| 10 | | However, no employee of the Department shall search any | 11 | | home or its curtilage without a valid warrant, permission, or | 12 | | probable cause that the home or its curtilage contains evidence | 13 | | of a violation of this Code.
| 14 | | In determining what constitutes "curtilage", the | 15 | | Department shall consider, but is not limited to considering, | 16 | | the proximity of the area to the home, whether the area is | 17 | | included within an enclosure surrounding the home, the nature | 18 | | of the uses to which the area is put, the steps taken by the | 19 | | resident to protect the area from observation by people passing | 20 | | by, or any combination of these factors. | 21 | | (Source: P.A. 87-833.)
| 22 | | Section 15. The Wildlife Code is amended by changing | 23 | | Section 1.19 as follows:
| 24 | | (520 ILCS 5/1.19) (from Ch. 61, par. 1.19)
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| 1 | | Sec. 1.19.
All authorized employees of the Department are | 2 | | empowered, pursuant
to law, to enter all lands and waters to | 3 | | enforce
the provisions of this Code Act . Authorized employees | 4 | | with a reasonable suspicion that they will find evidence of a | 5 | | violation of this Code may are further empowered
to examine all | 6 | | buildings,
private or public clubs (except dwellings), fish | 7 | | markets, cold storage
houses, locker plants, camps, vessels, | 8 | | cars (except sealed railroad cars
or other sealed common | 9 | | carrier), conveyances, vehicles, watercraft or
other means of | 10 | | transportation or shipping whatsoever, tents, game bags,
game | 11 | | coats or other receptacles, and to open and examine any box,
| 12 | | barrel, package, or other receptacle in the possession of a | 13 | | common
carrier, which might contain they have reason to believe | 14 | | contains wild birds or any
part thereof (their nests or eggs), | 15 | | or wild mammals or any part thereof,
taken, destroyed, bought, | 16 | | sold or bartered, shipped , or held in possession
contrary to | 17 | | any of the provisions of this Code Act , including | 18 | | administrative
rules, or that the receptacle containing the | 19 | | same is falsely labeled.
| 20 | | All authorized employees of the Department shall be given | 21 | | free access
to and shall not be hindered or interfered with in | 22 | | making such
examination, and any license issued by the | 23 | | Department held by the person
preventing such free access or | 24 | | interfering with or hindering such
authorized employee shall be | 25 | | subject to confiscation by the Department;
and no license or | 26 | | permit of any kind whatsoever shall be issued to such
person |
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| 1 | | for the period of one year thereafter.
| 2 | | Authorized law enforcement employees of the Department are | 3 | | empowered to
conduct examination of equipment and devices in | 4 | | the field, pursuant to law,
to ensure compliance with the | 5 | | provisions of this Code Act . | 6 | | However, no employee of the Department shall search any | 7 | | home or its curtilage without a valid warrant, permission, or | 8 | | probable cause that the home or its curtilage contains evidence | 9 | | of a violation of this Code.
| 10 | | In determining what constitutes "curtilage", the | 11 | | Department shall consider, but is not limited to considering, | 12 | | the proximity of the area to the home, whether the area is | 13 | | included within an enclosure surrounding the home, the nature | 14 | | of the uses to which the area is put, the steps taken by the | 15 | | resident to protect the area from observation by people passing | 16 | | by, or any combination of these factors. | 17 | | (Source: P.A. 85-152.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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