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90_HB2721ham004
LRB9010551PTbdam03
1 AMENDMENT TO HOUSE BILL 2721
2 AMENDMENT NO. . Amend House Bill 2721 by replacing
3 the title with the following:
4 "AN ACT to amend the Wildlife Code by changing Sections
5 2.33, 2.36a, and 3.5."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Wildlife Code is amended by changing
9 Sections 2.33, 2.36a, and 3.5 as follows:
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
13 State refuge unless otherwise permitted by administrative
14 rule.
15 (b) It is unlawful to use or possess any snare or
16 snare-like device, deadfall, net, or pit trap to take any
17 species, except that snares not powered by springs or other
18 mechanical devices may be used to trap fur-bearing mammals,
19 in water sets only, if at least one-half of the snare noose
20 is located underwater at all times.
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1 (c) It is unlawful for any person at any time to take a
2 wild mammal protected by this Act from its den by means of
3 any mechanical device, spade, or digging device or to use
4 smoke or other gases to dislodge or remove such mammal except
5 as provided in Section 2.37.
6 (d) It is unlawful to use a ferret or any other small
7 mammal which is used in the same or similar manner for which
8 ferrets are used for the purpose of frightening or driving
9 any mammals from their dens or hiding places.
10 (e) (Blank). It is unlawful to use any recording or
11 electronic calling device to attract or attempt to attract,
12 or to take or attempt to take, any of the wild mammals, wild
13 birds or fur-bearing mammals protected by this Act between
14 sunset and sunrise.
15 (f) It is unlawful to use spears, gigs, hooks or any
16 like device to take any species protected by this Act.
17 (g) It is unlawful to use poisons, chemicals or
18 explosives for the purpose of taking any species protected by
19 this Act.
20 (h) It is unlawful to hunt adjacent to or near any peat,
21 grass, brush or other inflammable substance when it is
22 burning.
23 (i) It is unlawful to take, pursue or intentionally
24 harass or disturb in any manner any wild birds or mammals by
25 use or aid of any vehicle or conveyance. It is also unlawful
26 to use the lights of any vehicle or conveyance or any light
27 from or any light connected to such vehicle or conveyance in
28 any area where wildlife may be found except in accordance
29 with Section 2.37 of this Act, however, nothing in this
30 Section shall prohibit the normal use of headlamps for the
31 purpose of driving upon a roadway and except that striped
32 skunk, opossum, red fox, gray fox, raccoon and coyote may be
33 taken during the open season by use of a small light which is
34 worn on the body or hand-held by a person on foot and not in
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1 any vehicle.
2 (j) It is unlawful to use any shotgun larger than 10
3 gauge while taking or attempting to take any of the species
4 protected by this Act.
5 (k) It is unlawful to use or possess any shotgun shell
6 loaded with a shot size larger than lead BB or steel T (.20
7 diameter) when taking or attempting to take any species of
8 wild game mammals, wild game birds, wild fur-bearing mammals,
9 migratory waterfowl or migratory game birds protected by this
10 Act, except white-tailed deer as provided for in Section 2.26
11 and other species as provided for by administrative rule.
12 (l) It is unlawful to take any species of wild game,
13 except white-tailed deer, with a shotgun loaded with rifled
14 slugs unless otherwise provided for by administrative rule.
15 (m) It is unlawful to use any shotgun capable of holding
16 more than 3 shells in the magazine or chamber combined,
17 except on game breeding and hunting preserve areas licensed
18 under Section 3.27. If the shotgun is capable of holding
19 more than 3 shells, it shall, while being used on an area
20 other than a game breeding and shooting preserve area
21 licensed pursuant to Section 3.27, be fitted with a one piece
22 plug that is irremovable without dismantling the shotgun or
23 otherwise altered to render it incapable of holding more than
24 3 shells in the magazine and chamber, combined.
25 (n) It is unlawful for any person, except persons
26 permitted by law, to have or carry any gun in or on any
27 vehicle, conveyance or aircraft, unless such gun is unloaded
28 and enclosed in a case, except that at field trials
29 authorized by Section 2.34 of this Act, unloaded guns or guns
30 loaded with blank cartridges only, may be carried on
31 horseback while not contained in a case, or to have or carry
32 any bow or arrow device in or on any vehicle unless such bow
33 or arrow device is unstrung or enclosed in a case, or
34 otherwise made inoperable.
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1 (o) It is unlawful to use any crossbow for the purpose
2 of taking any wild birds or mammals, except as provided for
3 in Section 2.33.
4 (p) It is unlawful to take game birds, migratory game
5 birds or migratory waterfowl with a rifle, pistol, revolver
6 or airgun.
7 (q) It is unlawful to fire a rifle, pistol, revolver or
8 airgun on, over or into any waters of this State, including
9 frozen waters.
10 (r) It is unlawful to discharge any gun or bow and arrow
11 device along, upon, across, or from any public right-of-way
12 or highway in this State.
13 (s) It is unlawful to use a silencer or other device to
14 muffle or mute the sound of the explosion or report resulting
15 from the firing of any gun.
16 (t) It is unlawful for any person to trap or hunt, or
17 allow a dog to hunt, within or upon the land of another, or
18 upon waters flowing over or standing on the land of another,
19 without first obtaining permission from the owner or tenant.
20 It shall be prima facie evidence that a person does not have
21 permission of the owner or tenant if the person is unable to
22 demonstrate to the law enforcement officer in the field that
23 permission had been obtained. This provision may only be
24 rebutted by testimony of the owner or tenant that permission
25 had been given. Before enforcing this Section the law
26 enforcement officer must have received notice from the owner
27 or tenant of a violation of this Section. Statements made to
28 the law enforcement officer regarding this notice shall not
29 be rendered inadmissible by the hearsay rule when offered for
30 the purpose of showing the required notice.
31 (u) It is unlawful for any person to discharge any
32 firearm for the purpose of taking any of the species
33 protected by this Act, or hunt with gun or dog, or allow a
34 dog to hunt, within 300 yards of an inhabited dwelling
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1 without first obtaining permission from the owner or tenant,
2 except that while trapping, hunting with bow and arrow,
3 hunting with dog and shotgun using shot shells only, or
4 hunting with shotgun using shot shells only, or on licensed
5 game breeding and hunting preserve areas, as defined in
6 Section 3.27, on property operated under a Migratory
7 Waterfowl Hunting Area Permit, on federally owned and managed
8 lands and on Department owned, managed, leased or controlled
9 lands, a 100 yard restriction shall apply.
10 (v) It is unlawful for any person to remove fur-bearing
11 mammals from, or to move or disturb in any manner, the traps
12 owned by another person without written authorization of the
13 owner to do so.
14 (w) It is unlawful for any owner of a dog to knowingly
15 or wantonly allow his or her dog to pursue, harass or kill
16 deer.
17 (x) It is unlawful for any person to wantonly or
18 carelessly injure or destroy, in any manner whatsoever, any
19 real or personal property on the land of another while
20 engaged in hunting or trapping thereon.
21 (y) It is unlawful to hunt wild game protected by this
22 Act between half hour after sunset and half hour before
23 sunrise except that hunting hours between half hour after
24 sunset and half hour before sunrise may be established by
25 administrative rule for fur-bearing mammals.
26 (z) It is unlawful to take any game bird (excluding wild
27 turkeys), migratory game birds or migratory waterfowl
28 protected by this Act when not flying. Nothing in this
29 Section shall prohibit a person from carrying an uncased,
30 unloaded shotgun in a boat, while in pursuit of a crippled
31 migratory waterfowl that is incapable of normal flight, for
32 the purpose of attempting to reduce the migratory waterfowl
33 to possession, provided that the attempt is made immediately
34 upon downing the migratory waterfowl and is done within 400
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1 200 yards of the blind from which the migratory waterfowl was
2 downed. This exception shall apply only to migratory game
3 birds that are not capable of normal flight. Migratory
4 waterfowl that are crippled may be taken only with a shotgun
5 as regulated by subsection (j) of this Section using shotgun
6 shells as regulated in subsection (k) of this Section.
7 (aa) It is unlawful to use or possess any device that
8 may be used for tree climbing or cutting, while hunting
9 fur-bearing mammals.
10 (bb) It is unlawful for any person, except licensed game
11 breeders, pursuant to Section 2.29 to import, carry into or
12 possess alive in this State, any species of wildlife taken
13 outside of this State without obtaining permission to do so
14 from the Director.
15 (cc) It is unlawful for any person to have in their
16 possession any freshly killed species protected by this Act
17 during the season closed for taking.
18 (dd) It is unlawful to take any species protected by
19 this Act and retain it alive.
20 (ee) It is unlawful to possess any rifle while in the
21 field during gun deer season except as provided in Section
22 2.26 and administrative rules.
23 (ff) It is unlawful for any person to take any species
24 protected by this Act, except migratory waterfowl, during the
25 gun deer hunting season in those counties open to gun deer
26 hunting, unless he wears, when in the field, a cap and upper
27 outer garment of a solid blaze orange color, with such
28 articles of clothing displaying a minimum of 400 square
29 inches of blaze orange material.
30 (gg) It is unlawful during the upland game season for
31 any person to take upland game with a firearm unless he or
32 she wears, while in the field, a cap of solid blaze orange
33 color. For purposes of this Act, upland game is defined as
34 Bobwhite Quail, Hungarian Partridge, Ring-necked Pheasant,
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1 Eastern Cottontail and Swamp Rabbit.
2 (hh) It shall be unlawful to kill or cripple any species
3 protected by this Act for which there is a daily bag limit
4 without making a reasonable effort to retrieve such species
5 and include such in the daily bag limit.
6 This Section shall apply only to those species protected
7 by this Act taken within the State. Any species or any parts
8 thereof, legally taken in and transported from other states
9 or countries may be possessed within the State, except as
10 provided in this Section and Sections 2.35, 2.36 and 3.21.
11 Nothing contained in this Section shall prohibit the use
12 of bow and arrow, or prevent the Director from issuing
13 permits to use a crossbow to take deer to handicapped
14 persons. As used herein, "handicapped persons" means those
15 persons who have a permanent physical impairment due to
16 injury or disease, congenital or acquired, which renders them
17 so severely disabled as to be unable to use a conventional
18 bow and arrow device. Permits will be issued only after the
19 receipt of a physician's statement confirming the applicant
20 is handicapped as defined above.
21 Nothing contained in this Section shall prohibit the
22 Director from issuing permits to paraplegics or persons
23 physically unable to walk, to shoot or hunt from a standing
24 vehicle, provided that such is otherwise in accord with this
25 Act.
26 Nothing contained in this Act shall prohibit the taking
27 of aquatic life protected by the Fish Code or birds and
28 mammals protected by this Act, except deer and fur-bearing
29 mammals, from a boat not camouflaged or disguised to alter
30 its identity or to further provide a place of concealment and
31 not propelled by sail or mechanical power. However, only
32 shotguns not larger than 10 gauge nor smaller than .410 bore
33 loaded with not more than 3 shells of a shot size no larger
34 than lead BB or steel T (.20 diameter) may be used to take
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1 species protected by this Act.
2 Nothing contained in this Act shall prohibit the use of a
3 shotgun, not larger than 10 gauge nor smaller than a 20
4 gauge, with a rifled barrel.
5 (Source: P.A. 88-468; 88-598, eff. 8-31-94; 89-341, eff.
6 8-17-95.)
7 (520 ILCS 5/2.36a) (from Ch. 61, par. 2.36a)
8 Sec. 2.36a. Value of protected species; violations.
9 (a) Any person who, for profit or commercial purposes,
10 knowingly captures or kills, possesses, offers for sale,
11 sells, offers to barter, barters, offers to purchase,
12 purchases, delivers for shipment, ships, exports, imports,
13 causes to be shipped, exported, or imported, delivers for
14 transportation, transports or causes to be transported,
15 carries or causes to be carried, or receives for shipment,
16 transportation, carriage, or export any animal or part of
17 animal of the species protected by this Act, contrary to the
18 provisions of this Act, and such animals, in whole or in
19 part, are valued at or in excess of a total of $300, as per
20 specie value specified in subsection (c) of this Section,
21 commits a Class 3 felony.
22 A person shall be guilty of a Class 4 felony if convicted
23 under this Section for more than one violation within a
24 90-day period where the animals of each violation are not
25 valued at or in excess of $300, but the total value of the
26 animals from the multiple violations is at or in excess of
27 $300. The prosecution for a Class 4 felony for these
28 multiple violations must be alleged in a single charge or
29 indictment and brought in a single prosecution.
30 (b) Possession of animals, in whole or in part, captured
31 or killed in violation of this Act, valued at or in excess of
32 $600, as per specie value specified in subsection (c) of this
33 Section, shall be considered prima facie evidence of
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1 possession for profit or commercial purposes.
2 (c) For purposes of this Section, the fair market value
3 or replacement cost, whichever is greater, shall be used to
4 determine the value of the species protected by this Act, but
5 in no case shall the minimum the value of all species
6 protected by this Act be less than are as follows:
7 (1) Bald Eagle, $500 $200;
8 (2) Whitetail deer and wild turkey, $250 $145;
9 (3) Fur-bearing mammals, $25;
10 (4) Game birds, (except the wild turkey) and,
11 migratory game birds (except Trumpeter swans), $25
12 resident and migratory non-game birds (except bald eagle
13 and those listed in (5) below), game mammals (except
14 whitetail deer), and non-game mammals, $10;
15 (5) Eagles, Owls, hawks, falcons, kites, harriers,
16 and ospreys, and other birds of prey $125;.
17 (6) Game mammals (except whitetail deer), $25;
18 (7) Other mammals, $50;
19 (8) Resident and migratory non-game birds (except
20 birds of prey), $50;
21 (9) Trumpeter swans, $250.
22 (Source: P.A. 87-435.)
23 (520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
24 Sec. 3.5. Penalties; probation.
25 (a) Any person who violates any of the provisions of
26 Section 2.36a, including administrative rules, shall be
27 guilty of a Class 3 felony, except as otherwise provided in
28 subsection (b) of this Section and subsection (a) of Section
29 2.36a.
30 (b) Whenever any person who has not previously been
31 convicted of, or placed on probation or court supervision
32 for, any offense under Section 1.22, 2.4, 2.36, 2.38, or 3.36
33 or subsections (g), (i), (o), (p), (y), or (cc) of Section
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1 2.33, the court may, without entering a judgment and with the
2 person's consent, sentence the person to probation for a
3 violation of subsection (b) of Section 2.36a.
4 (1) When a person is placed on probation, the court
5 shall enter an order specifying a period of probation of
6 24 months and shall defer further proceedings in the case
7 until the conclusion of the period or until the filing of
8 a petition alleging violation of a term or condition of
9 probation.
10 (2) The conditions of probation shall be that the
11 person:
12 (A) Not violate any criminal statute of any
13 jurisdiction.
14 (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
17 county board.
18 (3) The court may, in addition to other conditions:
19 (A) Require that the person make a report to
20 and appear in person before or participate with the
21 court or courts, person, or social service agency as
22 directed by the court in the order of probation.
23 (B) Require that the person pay a fine and
24 costs.
25 (C) Require that the person refrain from
26 possessing a firearm or other dangerous weapon.
27 (D) Prohibit the person from associating with
28 any person who is actively engaged in any of the
29 activities regulated by the permits issued or
30 privileges granted by the Department of Natural
31 Resources.
32 (4) Upon violation of a term or condition of
33 probation, the court may enter a judgment on its original
34 finding of guilt and proceed as otherwise provided.
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1 (5) Upon fulfillment of the terms and conditions of
2 probation, the court shall discharge the person and
3 dismiss the proceedings against the person.
4 (6) A disposition of probation is considered to be
5 a conviction for the purposes of imposing the conditions
6 of probation, for appeal, and for administrative
7 revocation and suspension of licenses and privileges;
8 however, discharge and dismissal under this Section is
9 not a conviction for purposes of disqualification or
10 disabilities imposed by law upon conviction of a crime.
11 (7) Discharge and dismissal under this Section may
12 occur only once with respect to any person.
13 (8) If a person is convicted of an offense under
14 this Act within 5 years subsequent to a discharge and
15 dismissal under this Section, the discharge and dismissal
16 under this Section shall be admissible in the sentencing
17 proceeding for that conviction as a factor in
18 aggravation.
19 (c) Any person who violates any of the provisions of
20 Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,
21 2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),
22 and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 - 3.16, 3.19 - 3.21,
23 and 3.24 - 3.26, including administrative rules, shall be
24 guilty of a Class B misdemeanor.
25 Any person who violates any of the provisions of Sections
26 1.22, 2.4, 2.36 and 2.38, including administrative rules,
27 shall be guilty of a Class A misdemeanor. Any second or
28 subsequent violations of Sections 2.4 and 2.36 shall be a
29 Class 4 felony.
30 Any person who violates any of the provisions of this
31 Act, including administrative rules, during such period when
32 his license, privileges, or permit is revoked or denied by
33 virtue of Section 3.36, shall be guilty of a Class A
34 misdemeanor.
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1 Any person who violates subsection (g), (i), (o), (p),
2 (y), or (cc) of Section 2.33 shall be guilty of a Class A
3 misdemeanor and subject to a fine of no less than $500 and no
4 more than $5,000 in addition to other statutory penalties.
5 Any person who violates any other of the provisions of
6 this Act including administrative rules, unless otherwise
7 stated, shall be guilty of a petty offense. Offenses
8 committed by minors under the direct control or with the
9 consent of a parent or guardian may subject the parent or
10 guardian to the penalties prescribed in this Section.
11 In addition to any fines imposed pursuant to the
12 provisions of this Section or as otherwise provided in this
13 Act, any person found guilty of unlawfully taking or
14 possessing any species protected by this Act, shall be
15 assessed a civil penalty for such species in accordance with
16 the values prescribed in Section 2.36a of this Act. This
17 civil penalty shall be imposed by the Circuit Court for the
18 county within which the offense was committed at the time of
19 the conviction. All penalties provided for in this Section
20 shall be remitted to the Department in accordance with the
21 same provisions provided for in Section 1.18 of this Act.
22 (Source: P.A. 86-354; 86-1039; 87-798.)".