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90_HB1051eng
720 ILCS 125/1 from Ch. 61, par. 301
720 ILCS 125/2 from Ch. 61, par. 302
720 ILCS 125/3 from Ch. 61, par. 303
Amends the Hunter Interference Prohibition Act. Defines
"interferes with"; changes definition of "wild animal" to
include species lawfully released by permittees of the
Department of Natural Resources. Replaces provisions
specifying actions that constitute a violation of the Act;
authorizes an affirmative defense based on freedom of speech.
Makes other changes. Effective immediately.
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1 AN ACT to amend the Hunter Interference Prohibition Act
2 by changing Sections 1, 2, and 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Hunter Interference Prohibition Act is
6 amended by changing Sections 1, 2, and 3 as follows:
7 (720 ILCS 125/1) (from Ch. 61, par. 301)
8 Sec. 1. Definitions. As used in this Act:
9 "Interfere with" means to take any action that physically
10 impedes, hinders, or obstructs the lawful taking of a wild
11 animal.
12 a. "Wild animal" means any wild creature the taking of
13 which is authorized by the Fish and Aquatic Life Code or the
14 wildlife, fish, and game laws of this the State and includes
15 those species that are lawfully released by properly licensed
16 permittees of the Department of Natural Resources.
17 b. "Taking", means the capture or killing of a wild
18 animal and includes travel, camping, and other acts
19 preparatory to taking which occur on lands or waters upon
20 which the affected person has the right or privilege to take
21 such wild animal.
22 (Source: P.A. 83-153.)
23 (720 ILCS 125/2) (from Ch. 61, par. 302)
24 Sec. 2. Any person who performs any of the following is
25 guilty of a Class B misdemeanor:
26 (a) Wilfully obstructs or interferes with the lawful
27 taking of a wild animals animal by another person with the
28 specific intent to prevent that lawful the taking.
29 (b) (Blank). Disturbs or engages in an activity that
30 will tend to disturb wild animals, with intent to prevent
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1 their lawful taking.
2 (c) (Blank). Disturbs another person who is engaged in
3 the lawful taking of a wild animal or who is engaged in the
4 process of taking, with intent to dissuade or otherwise
5 prevent the taking.
6 (d) (Blank). Enters or remains upon public lands, or
7 upon private lands without permission of the owner or his
8 agent or a lessee, with intent to violate this Section.
9 A person violates this Section when he or she
10 intentionally or knowingly engages in any of the following
11 acts:
12 (1) Drives or disturbs wild animals for the purpose
13 of disrupting a lawful taking of wild animals.
14 (2) Blocks, impedes, or physically harasses another
15 person who is engaged in the process of lawfully taking a
16 wild animal.
17 (3) Uses natural or artificial visual, aural,
18 olfactory, gustatory, or physical stimuli to affect
19 animal behavior in order to hinder or prevent the lawful
20 taking of a wild animal.
21 (4) Erects barriers with the intent to deny ingress
22 or egress to or from areas where the lawful taking of
23 wild animals may occur.
24 (5) Intentionally interjects himself or herself
25 into the line of fire of a person lawfully taking wild
26 animals.
27 (6) Affects the physical condition or placement of
28 personal or public property intended for use in the
29 lawful taking of a wild animal in order to impair the
30 usefulness of the property or prevent the use of the
31 property.
32 (7) Enters or remains upon or over private lands
33 without the permission of the owner or the owner's agent,
34 with the intent to violate this Section.
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1 This Section does not apply to actions performed by
2 authorized employees of the Department of Natural Resources,
3 duly accredited officers of the U.S. Fish and Wildlife
4 Service, sheriffs, deputy sheriffs, or other peace officers
5 if the actions are authorized by law and are necessary for
6 the performance of their official duties.
7 This Section does not apply to landowners, tenants, or
8 lease holders exercising their legal rights to the enjoyment
9 of land, including, but not limited to, farming and
10 restricting trespass.
11 It is an affirmative defense to a prosecution for a
12 violation of this Section that the defendant's conduct is
13 protected by his or her right to freedom of speech under the
14 constitution of this State or the United States.
15 Any interested parties may engage in protests or other
16 free speech activities adjacent to or on the perimeter of the
17 location where the lawful taking of wild animals is taking
18 place, provided that none of the provisions of this Section
19 are being violated.
20 (Source: P.A. 88-397.)
21 (720 ILCS 125/3) (from Ch. 61, par. 303)
22 Sec. 3. Any person who knowingly performs any of the
23 following acts is guilty of a Class A misdemeanor:
24 (a) Fails to obey the order of a peace officer to desist
25 from conduct in violation of Section 2 of this Act if the
26 officer observes such conduct, or has reasonable grounds to
27 believe that the person has engaged in such conduct that day
28 or that the person plans or intends to engage in such conduct
29 that day on a specific premises.
30 (b) Is guilty convicted of a second or subsequent
31 violation of Section 2. For purposes of this Section, a
32 "second or subsequent violation" means a conviction under
33 this Act within 2 years of a prior violation arising from a
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1 separate set of circumstances. The sentence of any person
2 convicted of a second or subsequent violation shall include
3 imprisonment for not less than 7 days. A person guilty
4 convicted of a second or subsequent violation is not eligible
5 for court supervision.
6 (Source: P.A. 88-397.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.