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Public Act 095-0013
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| SB0201 Enrolled |
LRB095 06232 CMK 26326 b |
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AN ACT concerning wildlife.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Wildlife Code is amended by changing |
Sections 2.25, 2.38, and 3.5 as follows:
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(520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
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Sec. 2.25. It shall be unlawful for any person to take deer |
except (i) with
a shotgun, handgun, or muzzleloading rifle or |
(ii) as provided by
administrative rule,
with a bow and arrow, |
or crossbow device for handicapped persons as defined
in |
Section 2.33, during the open season of not more than 14 days |
which will
be set annually by the Director between the dates of
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November 1st and December 31st, both inclusive, or a special |
2-day, youth-only season between the dates of September 1 and |
October 31.
For the purposes of this Section, legal handguns |
include any centerfire
handguns of .30
caliber or larger with a |
minimum barrel length of 4 inches. The only legal
ammunition
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for a centerfire handgun is a cartridge of .30 caliber or |
larger with a
capability of at least
500 foot pounds of energy |
at the muzzle. Full metal jacket bullets may not be
used to
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harvest deer.
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The Department shall make administrative rules concerning |
management
restrictions applicable to the firearm and bow and |
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arrow season.
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It shall be unlawful for any person to take deer except |
with a bow and
arrow, or crossbow device for handicapped |
persons (as defined in Section
2.33), during the open season |
for bow and arrow set annually by the Director
between the |
dates of September 1st and January 31st, both inclusive.
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It shall be unlawful for any person to take deer except |
with (i) a
muzzleloading rifle, or (ii) bow and arrow, or |
crossbow device for
handicapped persons as defined in Section |
2.33, during the open season for
muzzleloading rifles set |
annually by the Director.
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The Director shall cause an administrative rule setting |
forth the
prescribed rules and regulations, including bag and |
possession limits and
those counties of the State where open |
seasons are established, to be
published in accordance with |
Sections 1.3 and 1.13 of this Act.
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The Department may establish separate harvest periods for |
the purpose of
managing or eradicating disease that has been |
found in the deer herd. This
season shall be restricted to gun |
or bow and arrow hunting only. The Department
shall publicly |
announce, via statewide news release, the season dates and
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shooting hours, the counties and sites open to hunting, permit |
requirements,
application dates, hunting rules, legal weapons, |
and reporting requirements.
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The Department is authorized to establish a separate |
harvest period at
specific sites within the State for the |
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purpose of harvesting
surplus deer that cannot be taken during |
the regular season provided for
the taking of deer. This season |
shall be restricted to gun or bow and
arrow hunting only and |
shall be established during the period of September 1st
to |
February 15th, both inclusive. The Department shall publish |
suitable
prescribed rules and regulations established by |
administrative rule pertaining
to management restrictions |
applicable to this special harvest program. The Department |
shall allow unused gun deer permits that are left over from a |
regular season for the taking of deer to be rolled over and |
used during any separate harvest period held within 6 months of |
the season for which those tags were issued at no additional |
cost to the permit holder subject to the management |
restrictions applicable to the special harvest program.
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(Source: P.A. 93-37, eff. 6-25-03; 93-554, eff. 8-20-03; |
94-919, eff. 6-26-06.)
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(520 ILCS 5/2.38) (from Ch. 61, par. 2.38)
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Sec. 2.38. No person shall at any time:
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(1) falsify, alter or change in any manner, or
loan or |
transfer to another, or provide deceptive or false information
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required for, any license, permit or tag issued under the
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provisions hereof;
or
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(2) falsify any record required by this Act; or
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(3) counterfeit any form of license, permit or tag provided |
for by this Act; |
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(4) loan or transfer to another person any license, permit, |
or tag issued under this Act; or |
(5) use in the field any license, permit, or tag issued to |
another person.
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It is unlawful to possess any license, permit or tag issued |
under the
provisions of this Act which was fraudulently |
obtained, or which the
possessor knew, or should have known, |
was falsified, altered, changed in
any manner or fraudulently |
obtained.
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The Department shall suspend the privileges, under this |
Act, of any person found guilty of violating this Section for a |
period of not less than one year.
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(Source: P.A. 85-152.)
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(520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
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Sec. 3.5. Penalties; probation.
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(a) Any person who violates any of the provisions of |
Section
2.36a,
including administrative rules, shall be guilty |
of a Class 3 felony, except
as otherwise provided in subsection |
(b) of this Section and subsection (a) of
Section 2.36a.
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(b) Whenever any person who has not previously been |
convicted of, or
placed
on probation or court supervision for, |
any offense under Section 1.22,
2.36, or 2.36a or subsection |
(i) or (cc) of Section
2.33, the court may, without entering a
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judgment and with the person's consent, sentence the person to |
probation for a
violation of Section 2.36a.
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(1) When a person is placed on probation, the court |
shall enter an order
specifying a period of probation of 24 |
months and shall defer further
proceedings in
the case |
until the conclusion of the period or until the filing of a |
petition
alleging violation of a term or condition of |
probation.
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(2) The conditions of probation shall be that the |
person:
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(A) Not violate
any criminal statute of any |
jurisdiction.
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(B) Perform no less than 30 hours of community |
service, provided
community
service is available in |
the jurisdiction and is funded and approved by the
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county board.
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(3) The court may, in addition to other conditions:
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(A) Require that the person make a report to and |
appear in person before
or participate with the
court |
or courts, person, or social service agency as directed |
by the
court in the order of probation.
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(B) Require that the person pay a fine and costs.
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(C) Require that the person refrain from |
possessing a firearm or other
dangerous weapon.
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(D) Prohibit the person from associating with any |
person who is actively
engaged in any of the activities |
regulated by the permits issued or privileges
granted |
by the Department of Natural Resources.
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(4) Upon violation of a term or condition of probation, |
the
court
may enter a judgment on its original finding of |
guilt and proceed as otherwise
provided.
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(5) Upon fulfillment of the terms and
conditions of |
probation, the court shall discharge the person and dismiss
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the proceedings against the person.
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(6) A disposition of probation is considered to be a |
conviction
for the purposes of imposing the conditions of |
probation, for appeal, and for
administrative revocation |
and suspension of licenses and privileges;
however, |
discharge and dismissal under this Section is not a |
conviction for
purposes of disqualification or |
disabilities imposed by law upon conviction of
a crime.
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(7) Discharge and dismissal under this Section
may |
occur only once
with respect to any person.
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(8) If a person is convicted of an offense under this
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Act within 5 years
subsequent to a discharge and dismissal |
under this Section, the discharge and
dismissal under this |
Section shall be admissible in the sentencing proceeding
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for that conviction
as a factor in aggravation.
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(9) The Circuit Clerk shall notify the Department of |
State Police of all
persons convicted of or placed under |
probation for violations of Section
2.36a.
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(c) Any person who violates any of the provisions of |
Sections 2.9, 2.11,
2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, |
2.31, 2.32, 2.33 (except
subsections (g), (i), (o), (p), (y), |
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and (cc)), 2.33-1, 2.33a, 3.3,
3.4, 3.11 - 3.16, 3.19 - 3.21 |
(except subsections (b), (c), (d), (e), (f), (f.5), (g), (h), |
and (i)), and 3.24 - 3.26, including administrative
rules, |
shall be guilty of a Class B misdemeanor.
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Any person who violates any of the
provisions of Sections |
1.22,
2.4, 2.36 and 2.38, including administrative rules, shall |
be guilty of a
Class A misdemeanor. Any second or subsequent |
violations of Sections
2.4 and 2.36 shall be a Class 4 felony.
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Any person who violates any of the provisions of this Act, |
including
administrative rules, during such period when his |
license, privileges, or
permit is revoked or denied by virtue |
of Section 3.36, shall be guilty of a
Class A misdemeanor.
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Any person who violates subsection (g), (i), (o), (p), (y), |
or (cc)
of Section 2.33 shall be guilty of a Class A |
misdemeanor and subject to a
fine of no less than $500 and no |
more than $5,000 in addition to other
statutory penalties. In |
addition, the Department shall suspend the privileges, under |
this Act, of any person found guilty of violating Section |
2.33(cc) for a period of not less than one year.
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Any person who violates any other of
the provisions of this |
Act
including administrative rules, unless otherwise stated, |
shall be
guilty of a petty offense. Offenses committed by |
minors under the
direct control or with the consent of a parent |
or guardian may subject
the parent or guardian to the penalties |
prescribed in this Section.
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In addition to any fines imposed pursuant to the provisions |
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of this
Section or as otherwise provided in this Act, any |
person found guilty of
unlawfully taking or possessing any |
species protected by this Act, shall be
assessed a civil |
penalty for such species in accordance with the values
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prescribed in Section 2.36a of this Act. This civil penalty |
shall be
imposed by the Circuit Court for the county within |
which the offense was
committed at the time of the conviction. |
All penalties provided for in
this Section shall be remitted to |
the Department in accordance with the
same provisions provided |
for in Section 1.18 of this Act.
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(Source: P.A. 94-222, eff. 7-14-05.)
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