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90_SB0071enr
520 ILCS 5/2.33 from Ch. 61, par. 2.33
Amends the Wildlife Code. In provisions permitting the
Director of Natural Resources to issue a permit to a
handicapped person to hunt with a crossbow, deletes language
limiting the permit to the taking of deer.
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1 AN ACT in relation to certain unlawful activities.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Wildlife Code is amended by changing
5 Section 2.33 as follows:
6 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
7 Sec. 2.33. Prohibitions.
8 (a) It is unlawful to carry or possess any gun in any
9 State refuge unless otherwise permitted by administrative
10 rule.
11 (b) It is unlawful to use or possess any snare or
12 snare-like device, deadfall, net, or pit trap to take any
13 species, except that snares not powered by springs or other
14 mechanical devices may be used to trap fur-bearing mammals,
15 in water sets only, if at least one-half of the snare noose
16 is located underwater at all times.
17 (c) It is unlawful for any person at any time to take a
18 wild mammal protected by this Act from its den by means of
19 any mechanical device, spade, or digging device or to use
20 smoke or other gases to dislodge or remove such mammal except
21 as provided in Section 2.37.
22 (d) It is unlawful to use a ferret or any other small
23 mammal which is used in the same or similar manner for which
24 ferrets are used for the purpose of frightening or driving
25 any mammals from their dens or hiding places.
26 (e) It is unlawful to use any recording or electronic
27 calling device to attract or attempt to attract, or to take
28 or attempt to take, any of the wild mammals, wild birds or
29 fur-bearing mammals protected by this Act between sunset and
30 sunrise.
31 (f) It is unlawful to use spears, gigs, hooks or any
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1 like device to take any species protected by this Act.
2 (g) It is unlawful to use poisons, chemicals or
3 explosives for the purpose of taking any species protected by
4 this Act.
5 (h) It is unlawful to hunt adjacent to or near any peat,
6 grass, brush or other inflammable substance when it is
7 burning.
8 (i) It is unlawful to take, pursue or intentionally
9 harass or disturb in any manner any wild birds or mammals by
10 use or aid of any vehicle or conveyance. It is also unlawful
11 to use the lights of any vehicle or conveyance or any light
12 from or any light connected to such vehicle or conveyance in
13 any area where wildlife may be found except in accordance
14 with Section 2.37 of this Act, however, nothing in this
15 Section shall prohibit the normal use of headlamps for the
16 purpose of driving upon a roadway and except that striped
17 skunk, opossum, red fox, gray fox, raccoon and coyote may be
18 taken during the open season by use of a small light which is
19 worn on the body or hand-held by a person on foot and not in
20 any vehicle.
21 (j) It is unlawful to use any shotgun larger than 10
22 gauge while taking or attempting to take any of the species
23 protected by this Act.
24 (k) It is unlawful to use or possess any shotgun shell
25 loaded with a shot size larger than lead BB or steel T (.20
26 diameter) when taking or attempting to take any species of
27 wild game mammals, wild game birds, wild fur-bearing mammals,
28 migratory waterfowl or migratory game birds protected by this
29 Act, except white-tailed deer as provided for in Section 2.26
30 and other species as provided for by administrative rule.
31 (l) It is unlawful to take any species of wild game,
32 except white-tailed deer, with a shotgun loaded with rifled
33 slugs unless otherwise provided for by administrative rule.
34 (m) It is unlawful to use any shotgun capable of holding
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1 more than 3 shells in the magazine or chamber combined,
2 except on game breeding and hunting preserve areas licensed
3 under Section 3.27. If the shotgun is capable of holding
4 more than 3 shells, it shall, while being used on an area
5 other than a game breeding and shooting preserve area
6 licensed pursuant to Section 3.27, be fitted with a one piece
7 plug that is irremovable without dismantling the shotgun or
8 otherwise altered to render it incapable of holding more than
9 3 shells in the magazine and chamber, combined.
10 (n) It is unlawful for any person, except persons
11 permitted by law, to have or carry any gun in or on any
12 vehicle, conveyance or aircraft, unless such gun is unloaded
13 and enclosed in a case, except that at field trials
14 authorized by Section 2.34 of this Act, unloaded guns or guns
15 loaded with blank cartridges only, may be carried on
16 horseback while not contained in a case, or to have or carry
17 any bow or arrow device in or on any vehicle unless such bow
18 or arrow device is unstrung or enclosed in a case, or
19 otherwise made inoperable. A handicapped person hunting on a
20 licensed game breeding and hunting preserve who has in his or
21 her possession a permit to hunt from a standing vehicle in
22 accordance with the provisions of this Section may transport
23 a shotgun in or on an all-terrain vehicle provided that the
24 shotgun is unloaded and the breech is open at all times when
25 the vehicle is in motion or the engine is running.
26 (o) It is unlawful to use any crossbow for the purpose
27 of taking any wild birds or mammals, except as provided for
28 in Section 2.33.
29 (p) It is unlawful to take game birds, migratory game
30 birds or migratory waterfowl with a rifle, pistol, revolver
31 or airgun.
32 (q) It is unlawful to fire a rifle, pistol, revolver or
33 airgun on, over or into any waters of this State, including
34 frozen waters.
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1 (r) It is unlawful to discharge any gun or bow and arrow
2 device along, upon, across, or from any public right-of-way
3 or highway in this State.
4 (s) It is unlawful to use a silencer or other device to
5 muffle or mute the sound of the explosion or report resulting
6 from the firing of any gun.
7 (t) It is unlawful for any person to trap or hunt, or
8 allow a dog to hunt, within or upon the land of another, or
9 upon waters flowing over or standing on the land of another,
10 without first obtaining permission from the owner or tenant.
11 It shall be prima facie evidence that a person does not have
12 permission of the owner or tenant if the person is unable to
13 demonstrate to the law enforcement officer in the field that
14 permission had been obtained. This provision may only be
15 rebutted by testimony of the owner or tenant that permission
16 had been given. Before enforcing this Section the law
17 enforcement officer must have received notice from the owner
18 or tenant of a violation of this Section. Statements made to
19 the law enforcement officer regarding this notice shall not
20 be rendered inadmissible by the hearsay rule when offered for
21 the purpose of showing the required notice.
22 (u) It is unlawful for any person to discharge any
23 firearm for the purpose of taking any of the species
24 protected by this Act, or hunt with gun or dog, or allow a
25 dog to hunt, within 300 yards of an inhabited dwelling
26 without first obtaining permission from the owner or tenant,
27 except that while trapping, hunting with bow and arrow,
28 hunting with dog and shotgun using shot shells only, or
29 hunting with shotgun using shot shells only, or on licensed
30 game breeding and hunting preserve areas, as defined in
31 Section 3.27, on property operated under a Migratory
32 Waterfowl Hunting Area Permit, on federally owned and managed
33 lands and on Department owned, managed, leased or controlled
34 lands, a 100 yard restriction shall apply.
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1 (v) It is unlawful for any person to remove fur-bearing
2 mammals from, or to move or disturb in any manner, the traps
3 owned by another person without written authorization of the
4 owner to do so.
5 (w) It is unlawful for any owner of a dog to knowingly
6 or wantonly allow his or her dog to pursue, harass or kill
7 deer.
8 (x) It is unlawful for any person to wantonly or
9 carelessly injure or destroy, in any manner whatsoever, any
10 real or personal property on the land of another while
11 engaged in hunting or trapping thereon.
12 (y) It is unlawful to hunt wild game protected by this
13 Act between half hour after sunset and half hour before
14 sunrise except that hunting hours between half hour after
15 sunset and half hour before sunrise may be established by
16 administrative rule for fur-bearing mammals.
17 (z) It is unlawful to take any game bird (excluding wild
18 turkeys), migratory game birds or migratory waterfowl
19 protected by this Act when not flying. Nothing in this
20 Section shall prohibit a person from carrying an uncased,
21 unloaded shotgun in a boat, while in pursuit of a crippled
22 migratory waterfowl that is incapable of flight, for the
23 purpose of attempting to reduce the migratory waterfowl to
24 possession, provided that the attempt is made immediately
25 upon downing the migratory waterfowl and is done within 200
26 yards of the blind from which the migratory waterfowl was
27 downed. This exception shall apply only to migratory game
28 birds that are not capable of flight. Migratory waterfowl
29 that are crippled may be taken only with a shotgun as
30 regulated by subsection (j) of this Section using shotgun
31 shells as regulated in subsection (k) of this Section.
32 (aa) It is unlawful to use or possess any device that
33 may be used for tree climbing or cutting, while hunting
34 fur-bearing mammals.
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1 (bb) It is unlawful for any person, except licensed game
2 breeders, pursuant to Section 2.29 to import, carry into or
3 possess alive in this State, any species of wildlife taken
4 outside of this State without obtaining permission to do so
5 from the Director.
6 (cc) It is unlawful for any person to have in their
7 possession any freshly killed species protected by this Act
8 during the season closed for taking.
9 (dd) It is unlawful to take any species protected by
10 this Act and retain it alive.
11 (ee) It is unlawful to possess any rifle while in the
12 field during gun deer season except as provided in Section
13 2.26 and administrative rules.
14 (ff) It is unlawful for any person to take any species
15 protected by this Act, except migratory waterfowl, during the
16 gun deer hunting season in those counties open to gun deer
17 hunting, unless he wears, when in the field, a cap and upper
18 outer garment of a solid blaze orange color, with such
19 articles of clothing displaying a minimum of 400 square
20 inches of blaze orange material.
21 (gg) It is unlawful during the upland game season for
22 any person to take upland game with a firearm unless he or
23 she wears, while in the field, a cap of solid blaze orange
24 color. For purposes of this Act, upland game is defined as
25 Bobwhite Quail, Hungarian Partridge, Ring-necked Pheasant,
26 Eastern Cottontail and Swamp Rabbit.
27 (hh) It shall be unlawful to kill or cripple any species
28 protected by this Act for which there is a daily bag limit
29 without making a reasonable effort to retrieve such species
30 and include such in the daily bag limit.
31 This Section shall apply only to those species protected
32 by this Act taken within the State. Any species or any parts
33 thereof, legally taken in and transported from other states
34 or countries may be possessed within the State, except as
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1 provided in this Section and Sections 2.35, 2.36 and 3.21.
2 Nothing contained in this Section shall prohibit the use
3 of bow and arrow, or prevent the Director from issuing
4 permits to use a crossbow to take deer to handicapped
5 persons. As used herein, "handicapped persons" means those
6 persons who have a permanent physical impairment due to
7 injury or disease, congenital or acquired, which renders them
8 so severely disabled as to be unable to use a conventional
9 bow and arrow device. Permits will be issued only after the
10 receipt of a physician's statement confirming the applicant
11 is handicapped as defined above.
12 Nothing contained in this Section shall prohibit the
13 Director from issuing permits to paraplegics or persons
14 physically unable to walk, to shoot or hunt from a standing
15 vehicle, provided that such is otherwise in accord with this
16 Act.
17 Nothing contained in this Act shall prohibit the taking
18 of aquatic life protected by the Fish Code or birds and
19 mammals protected by this Act, except deer and fur-bearing
20 mammals, from a boat not camouflaged or disguised to alter
21 its identity or to further provide a place of concealment and
22 not propelled by sail or mechanical power. However, only
23 shotguns not larger than 10 gauge nor smaller than .410 bore
24 loaded with not more than 3 shells of a shot size no larger
25 than lead BB or steel T (.20 diameter) may be used to take
26 species protected by this Act.
27 Nothing contained in this Act shall prohibit the use of a
28 shotgun, not larger than 10 gauge nor smaller than a 20
29 gauge, with a rifled barrel.
30 (Source: P.A. 88-468; 88-598, eff. 8-31-94; 89-341, eff.
31 8-17-95.)
32 Section 10. The Criminal Code of 1961 is amended by
33 changing Section 24-1 as follows:
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1 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
2 Sec. 24-1. Unlawful Use of Weapons.
3 (a) A person commits the offense of unlawful use of
4 weapons when he knowingly:
5 (1) Sells, manufactures, purchases, possesses or
6 carries any bludgeon, black-jack, slung-shot, sand-club,
7 sand-bag, metal knuckles, throwing star, or any knife,
8 commonly referred to as a switchblade knife, which has a
9 blade that opens automatically by hand pressure applied
10 to a button, spring or other device in the handle of the
11 knife, or a ballistic knife, which is a device that
12 propels a knifelike blade as a projectile by means of a
13 coil spring, elastic material or compressed gas; or
14 (2) Carries or possesses with intent to use the
15 same unlawfully against another, a dagger, dirk, billy,
16 dangerous knife, razor, stiletto, broken bottle or other
17 piece of glass, stun gun or taser or any other dangerous
18 or deadly weapon or instrument of like character; or
19 (3) Carries on or about his person or in any
20 vehicle, a tear gas gun projector or bomb or any object
21 containing noxious liquid gas or substance, other than an
22 object containing a non-lethal noxious liquid gas or
23 substance designed solely for personal defense carried by
24 a person 18 years of age or older; or
25 (4) Carries or possesses in any vehicle or
26 concealed on or about his person except when on his land
27 or in his own abode or fixed place of business any
28 pistol, revolver, stun gun or taser or other firearm; or
29 (5) Sets a spring gun; or
30 (6) Possesses any device or attachment of any kind
31 designed, used or intended for use in silencing the
32 report of any firearm; or
33 (7) Sells, manufactures, purchases, possesses or
34 carries:
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1 (i) a machine gun, which shall be defined for
2 the purposes of this subsection as any weapon, which
3 shoots, is designed to shoot, or can be readily
4 restored to shoot, automatically more than one shot
5 without manually reloading by a single function of
6 the trigger, including the frame or receiver of any
7 such weapon, or sells, manufactures, purchases,
8 possesses, or carries any combination of parts
9 designed or intended for use in converting any
10 weapon into a machine gun, or any combination or
11 parts from which a machine gun can be assembled if
12 such parts are in the possession or under the
13 control of a person;
14 (ii) any rifle having one or more barrels less
15 than 16 inches in length or a shotgun having one or
16 more barrels less than 18 inches in length or any
17 weapon made from a rifle or shotgun, whether by
18 alteration, modification, or otherwise, if such a
19 weapon as modified has an overall length of less
20 than 26 inches; or
21 (iii) any bomb, bomb-shell, grenade, bottle or
22 other container containing an explosive substance of
23 over one-quarter ounce for like purposes, such as,
24 but not limited to, black powder bombs and Molotov
25 cocktails or artillery projectiles; or
26 (8) Carries or possesses any firearm, stun gun or
27 taser or other deadly weapon in any place which is
28 licensed to sell intoxicating beverages, or at any public
29 gathering held pursuant to a license issued by any
30 governmental body or any public gathering at which an
31 admission is charged, excluding a place where a showing,
32 demonstration or lecture involving the exhibition of
33 unloaded firearms is conducted; or
34 (9) Carries or possesses in a vehicle or on or
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1 about his person any pistol, revolver, stun gun or taser
2 or firearm or ballistic knife, when he is hooded, robed
3 or masked in such manner as to conceal his identity; or
4 (10) Carries or possesses on or about his person,
5 upon any public street, alley, or other public lands
6 within the corporate limits of a city, village or
7 incorporated town, except when an invitee thereon or
8 therein, for the purpose of the display of such weapon or
9 the lawful commerce in weapons, or except when on his
10 land or in his own abode or fixed place of business, any
11 pistol, revolver, stun gun or taser or other firearm.
12 A "stun gun or taser", as used in this paragraph (a)
13 means (i) any device which is powered by electrical
14 charging units, such as, batteries, and which fires one
15 or several barbs attached to a length of wire and which,
16 upon hitting a human, can send out a current capable of
17 disrupting the person's nervous system in such a manner
18 as to render him incapable of normal functioning or (ii)
19 any device which is powered by electrical charging units,
20 such as batteries, and which, upon contact with a human
21 or clothing worn by a human, can send out current capable
22 of disrupting the person's nervous system in such a
23 manner as to render him incapable of normal functioning;
24 or
25 (11) Sells, manufactures or purchases any explosive
26 bullet. For purposes of this paragraph (a) "explosive
27 bullet" means the projectile portion of an ammunition
28 cartridge which contains or carries an explosive charge
29 which will explode upon contact with the flesh of a human
30 or an animal. "Cartridge" means a tubular metal case
31 having a projectile affixed at the front thereof and a
32 cap or primer at the rear end thereof, with the
33 propellant contained in such tube between the projectile
34 and the cap; or
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1 (12) (Blank).
2 (b) Sentence. A person convicted of a violation of
3 subsection 24-1(a)(1) through (3), subsection 24-1(a)(5),
4 subsection 24-1(a)(8), or subsection 24-1(a)(11) commits a
5 Class A misdemeanor. A person convicted of a first violation
6 of subsection 24-1(a)(4) or 24-1(a)(10) commits a Class A
7 misdemeanor. A person convicted of a second or subsequent
8 violation of subsection 24-1(a)(4) or 24-1(a)(10) commits a
9 Class 3 felony. A person under 21 years of age who violates
10 subsection 24-1(a)(4) or 24-1(a)(10) by carrying or
11 possessing a handgun commits a Class 3 felony. A member of
12 an organized gang as defined in Section 10 of the Illinois
13 Streetgang Terrorism Omnibus Prevention Act who is convicted
14 of a violation of subsection 24-1(a)(4) or 24-1(a)(10)
15 commits a Class 3 felony. A person convicted of a violation
16 of subsection 24-1(a)(4), 24-1(a)(9), or 24-1(a)(10) commits
17 a Class 4 felony; a person convicted of a violation of
18 subsection 24-1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a
19 Class 3 felony. A person convicted of a violation of
20 subsection 24-1(a)(7)(i) commits a Class 2 felony, unless the
21 weapon is possessed in the passenger compartment of a motor
22 vehicle as defined in Section 1-146 of the Illinois Vehicle
23 Code, or on the person, while the weapon is loaded, in which
24 case it shall be a Class X felony. A person convicted of a
25 second or subsequent violation of subsection 24-1(a)(4),
26 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony.
27 (c) Violations in specific places.
28 (1) A person who violates subsection 24-1(a)(6) or
29 24-1(a)(7) in any school, regardless of the time of day
30 or the time of year, in residential property owned,
31 operated and managed by a public housing agency, in a
32 public park, in a courthouse, on the real property
33 comprising any school, regardless of the time of day or
34 the time of year, on residential property owned,
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1 operated and managed by a public housing agency, on the
2 real property comprising any public park, on the real
3 property comprising any courthouse, in any conveyance
4 owned, leased or contracted by a school to transport
5 students to or from school or a school related activity,
6 or on any public way within 1,000 feet of the real
7 property comprising any school, public park, courthouse,
8 or residential property owned, operated, and managed by a
9 public housing agency commits a Class 2 felony.
10 (1.5) A person who violates subsection 24-1(a)(4),
11 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
12 the time of day or the time of year, in residential
13 property owned, operated, and managed by a public housing
14 agency, in a public park, in a courthouse, on the real
15 property comprising any school, regardless of the time of
16 day or the time of year, on residential property owned,
17 operated, and managed by a public housing agency, on the
18 real property comprising any public park, on the real
19 property comprising any courthouse, in any conveyance
20 owned, leased, or contracted by a school to transport
21 students to or from school or a school related activity,
22 or on any public way within 1,000 feet of the real
23 property comprising any school, public park, courthouse,
24 or residential property owned, operated, and managed by a
25 public housing agency commits a Class 3 felony.
26 (2) A person who violates subsection 24-1(a)(1) or
27 24-1(a)(3) in any school, regardless of the time of day
28 or the time of year, in residential property owned,
29 operated and managed by a public housing agency, in a
30 public park, in a courthouse, on the real property
31 comprising any school, regardless of the time of day or
32 the time of year, on residential property owned, operated
33 and managed by a public housing agency, on the real
34 property comprising any public park, on the real property
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1 comprising any courthouse, in any conveyance owned,
2 leased or contracted by a school to transport students to
3 or from school or a school related activity, or on any
4 public way within 1,000 feet of the real property
5 comprising any school, public park, courthouse, or
6 residential property owned, operated, and managed by a
7 public housing agency commits a Class 4 felony.
8 "Courthouse" means any building that is used by the
9 Circuit, Appellate, or Supreme Court of this State for
10 the conduct of official business.
11 (3) Paragraphs (1), (1.5), and (2) of this
12 subsection (c) shall not apply to law enforcement
13 officers or security officers of such school, college, or
14 university or to students carrying or possessing firearms
15 for use in training courses, parades, hunting, target
16 shooting on school ranges, or otherwise with the consent
17 of school authorities and which firearms are transported
18 unloaded enclosed in a suitable case, box, or
19 transportation package.
20 (4) For the purposes of this subsection (c),
21 "school" means any public or private elementary or
22 secondary school, community college, college, or
23 university.
24 (d) The presence in an automobile other than a public
25 omnibus of any weapon, instrument or substance referred to in
26 subsection (a)(7) is prima facie evidence that it is in the
27 possession of, and is being carried by, all persons occupying
28 such automobile at the time such weapon, instrument or
29 substance is found, except under the following circumstances:
30 (i) if such weapon, instrument or instrumentality is found
31 upon the person of one of the occupants therein; or (ii) if
32 such weapon, instrument or substance is found in an
33 automobile operated for hire by a duly licensed driver in the
34 due, lawful and proper pursuit of his trade, then such
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1 presumption shall not apply to the driver.
2 (e) Exemptions. Crossbows, Common or Compound bows and
3 Underwater Spearguns are exempted from the definition of
4 ballistic knife as defined in paragraph (1) of subsection (a)
5 of this Section.
6 (Source: P.A. 87-524; 87-930; 88-156; 88-467; 88-670, eff.
7 12-2-94; 88-680, eff. 1-1-95.)