Public Act 098-0402
 
HB1652 EnrolledLRB098 05803 MRW 35842 b

    AN ACT concerning wildlife.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 2. The Fish and Aquatic Life Code is amended by
changing Section 20-105 as follows:
 
    (515 ILCS 5/20-105)  (from Ch. 56, par. 20-105)
    Sec. 20-105. Revocation and suspension; refusal to issue.
    (a) Whenever a license or permit is issued to any person
under this Code and its holder is found guilty of any
misrepresentation in obtaining the license or permit or of a
violation of Section 48-3 of the Criminal Code of 2012 or a
violation of any of the provisions of this Code, including
administrative rules, the license or permit may be revoked by
the Department and the Department may refuse to issue any
permit or license to that person and may suspend the person
from engaging in the activity requiring the permit or license
for a period of time not to exceed 5 years following the
revocation. Department revocation procedure shall be
established by administrative rule.
    (b) Whenever any person who has not been issued a license
or a permit under the provisions of this Code is found guilty
of a violation of Section 48-3 of the Criminal Code of 2012 or
a violation of the provisions of this Code, including
administrative rules, the Department may refuse to issue any
permit or license to that person, and suspend that person from
engaging in the activity requiring the permit or license for a
period of time not to exceed 5 years.
    (c) Any person who knowingly or intentionally violates any
of the provisions of this Code, including administrative rules,
during the 5 years following the revocation of his or her
license or permit under subsection (a) or during the time he is
suspended under subsection (b), shall be guilty of a Class A
misdemeanor as provided in Section 20-35. The penalties for a
violation of Section 48-3 of the Criminal Code of 2012 shall be
as provided in that Section.
    (d) A person whose license or permit to engage in any
activity regulated by this Code has been suspended or revoked
may not, during the period of the suspension or revocation or
until obtaining such a license or permit, (i) be in the company
of any person engaging in the activity covered by the
suspension or revocation or (ii) serve as a guide, outfitter,
or facilitator for a person who is engaged or prepared to
engage in the activity covered by the suspension or revocation.
    (e) No person may be issued or obtain a license or permit
or engage in any activity regulated by this Code during the
time that the person's privilege to engage in the same or
similar activities is suspended or revoked by another state, by
a federal agency, or by a province of Canada.
(Source: P.A. 91-545, eff. 8-14-99.)
 
    Section 3. The Wildlife Code is amended by changing Section
3.36 as follows:
 
    (520 ILCS 5/3.36)  (from Ch. 61, par. 3.36)
    Sec. 3.36. Revocation and suspension.
    (a) Whenever a license or permit is issued to any person
under this Act, and the holder thereof is found guilty of any
misrepresentation in obtaining such license or permit or of a
violation of Section 48-3 of the Criminal Code of 2012 or a
violation of any of the provisions of this Act, including
administrative rules, his license or permit may be revoked by
the Department, and the Department may refuse to issue any
permit or license to such person and may suspend the person
from engaging in the activity requiring the permit or license
for a period of time not to exceed 5 years following such
revocation.
    Department revocation procedures shall be established by
Administrative rule.
    (b) Whenever any person who has not been issued a license
or a permit under the provisions of this Code is found guilty
of a violation of Section 48-3 of the Criminal Code of 2012 or
a violation of the provisions of this Code, including
administrative rules, the Department may refuse to issue any
permit or license to that person, and suspend that person from
engaging in the activity requiring the permit or license for a
period of time not to exceed 5 years.
    (c) Any person who knowingly or intentionally violates any
of the provisions of this Act, including administrative rules,
during such period when his license or permit is revoked or
denied by virtue of this Section or during the time he is
suspended under subsection (b), shall be guilty of a Class A
misdemeanor. The penalties for a violation of Section 48-3 of
the Criminal Code of 2012 shall be as provided in that Section.
    (d) Licenses and permits authorized to be issued under the
provisions of this Act shall be prepared by the Department and
be in such form as prescribed by the Department. The
information required on each license shall be completed thereon
by the issuing agent or his sub-agent at the time of issuance
and each license shall be signed by the licensee, or initialed
by the designated purchaser and then signed immediately upon
receipt by the licensee, and countersigned by the issuing agent
or his sub-agent at the time of issuance. All such licenses
shall be supplied by the Department, subject to such rules and
regulations as the Department may prescribe. Any license not
properly prepared, obtained and signed as required by this Act
shall be void.
    (e) A person whose license or permit to engage in any
activity regulated by this Code has been suspended or revoked
may not, during the period of the suspension or revocation or
until obtaining such a license or permit, (i) be in the company
of any person engaging in the activity covered by the
suspension or revocation or (ii) serve as a guide, outfitter,
or facilitator for a person who is engaged or prepared to
engage in the activity covered by the suspension or revocation.
    (f) No person may be issued or obtain a license or permit
or engage in any activity regulated by this Code during the
time that the person's privilege to engage in the same or
similar activities is suspended or revoked by another state, by
a federal agency, or by a province of Canada.
(Source: P.A. 90-225, eff. 7-25-97; 91-545, eff. 8-14-99.)
 
    Section 5. The Criminal Code of 2012 is amended by changing
Section 48-3 as follows:
 
    (720 ILCS 5/48-3)
    Sec. 48-3. Hunter or fisherman interference.
    (a) Definitions. As used in this Section:
        "Aquatic life" means all fish, reptiles, amphibians,
    crayfish, and mussels the taking of which is authorized by
    the Fish and Aquatic Life Code.
        "Interfere with" means to take any action that
    physically impedes, hinders, or obstructs the lawful
    taking of wildlife or aquatic life.
        "Taking" means the capture or killing of wildlife or
    aquatic life and includes travel, camping, and other acts
    preparatory to taking which occur on lands or waters upon
    which the affected person has the right or privilege to
    take such wildlife or aquatic life.
        "Wildlife" means any wildlife the taking of which is
    authorized by the Wildlife Code and includes those species
    that are lawfully released by properly licensed permittees
    of the Department of Natural Resources.
    (b) A person commits hunter or fisherman interference when
he or she intentionally or knowingly:
        (1) obstructs or interferes with the lawful taking of
    wildlife or aquatic life by another person with the
    specific intent to prevent that lawful taking;
        (2) drives or disturbs wildlife or aquatic life for the
    purpose of disrupting a lawful taking of wildlife or
    aquatic life;
        (3) blocks, impedes, or physically harasses another
    person who is engaged in the process of lawfully taking
    wildlife or aquatic life;
        (4) uses natural or artificial visual, aural,
    olfactory, gustatory, or physical stimuli to affect
    wildlife or aquatic life behavior in order to hinder or
    prevent the lawful taking of wildlife or aquatic life;
        (5) erects barriers with the intent to deny ingress or
    egress to or from areas where the lawful taking of wildlife
    or aquatic life may occur;
        (6) intentionally interjects himself or herself into
    the line of fire or fishing lines of a person lawfully
    taking wildlife or aquatic life;
        (7) affects the physical condition or placement of
    personal or public property intended for use in the lawful
    taking of wildlife or aquatic life in order to impair the
    usefulness of the property or prevent the use of the
    property;
        (8) enters or remains upon or over private lands
    without the permission of the owner or the owner's agent,
    with the intent to violate this subsection; or
        (9) fails to obey the order of a peace officer to
    desist from conduct in violation of this subsection (b) if
    the officer observes the conduct, or has reasonable grounds
    to believe that the person has engaged in the conduct that
    day or that the person plans or intends to engage in the
    conduct that day on a specific premises; or .
        (10) uses a drone in a way that interferes with another
    person's lawful taking of wildlife or aquatic life. For the
    purposes of this paragraph (10), "drone" means any aerial
    vehicle that does not carry a human operator.
    (c) Exemptions; defenses.
        (1) This Section does not apply to actions performed by
    authorized employees of the Department of Natural
    Resources, duly accredited officers of the U.S. Fish and
    Wildlife Service, sheriffs, deputy sheriffs, or other
    peace officers if the actions are authorized by law and are
    necessary for the performance of their official duties.
        (2) This Section does not apply to landowners, tenants,
    or lease holders exercising their legal rights to the
    enjoyment of land, including, but not limited to, farming
    and restricting trespass.
        (3) It is an affirmative defense to a prosecution for a
    violation of this Section that the defendant's conduct is
    protected by his or her right to freedom of speech under
    the constitution of this State or the United States.
        (4) Any interested parties may engage in protests or
    other free speech activities adjacent to or on the
    perimeter of the location where the lawful taking of
    wildlife or aquatic life is taking place, provided that
    none of the provisions of this Section are being violated.
    (d) Sentence. A first violation of paragraphs (1) through
(8) of subsection (b) is a Class B misdemeanor. A second or
subsequent violation of paragraphs (1) through (8) of
subsection (b) is a Class A misdemeanor for which imprisonment
for not less than 7 days shall be imposed. A person guilty of a
second or subsequent violation of paragraphs (1) through (8) of
subsection (b) is not eligible for court supervision. A
violation of paragraph (9) or (10) of subsection (b) is a Class
A misdemeanor. A court shall revoke, for a period of one year
to 5 years, any Illinois hunting, fishing, or trapping
privilege, license or permit of any person convicted of
violating any provision of this Section. For purposes of this
subsection, a "second or subsequent violation" means a
conviction under paragraphs (1) through (8) of subsection (b)
of this Section within 2 years of a prior violation arising
from a separate set of circumstances.
    (e) Injunctions; damages.
        (1) Any court may enjoin conduct which would be in
    violation of paragraphs (1) through (8) or (10) of
    subsection (b) upon petition by a person affected or who
    reasonably may be affected by the conduct, upon a showing
    that the conduct is threatened or that it has occurred on a
    particular premises in the past and that it is not
    unreasonable to expect that under similar circumstances it
    will be repeated.
        (2) A court shall award all resulting costs and damages
    to any person adversely affected by a violation of
    paragraphs (1) through (8) or (10) of subsection (b), which
    may include an award for punitive damages. In addition to
    other items of special damage, the measure of damages may
    include expenditures of the affected person for license and
    permit fees, travel, guides, special equipment and
    supplies, to the extent that these expenditures were
    rendered futile by prevention of the taking of wildlife or
    aquatic life.
(Source: P.A. 97-1108, eff. 1-1-13.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.