|
|
Public Act 095-0283
|
| HB0201 Enrolled |
LRB095 04223 CMK 24264 b |
|
|
AN ACT concerning wildlife.
|
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
|
Section 5. The Wildlife Code is amended by changing Section |
3.5 and by adding Section 2.33b as follows:
|
(520 ILCS 5/2.33b new) |
Sec. 2.33b. Computer-assisted remote hunting; prohibition.
|
A person shall not operate, provide, sell, use, or offer to
|
operate, provide, sell, or use any computer software or service
|
that allows a person not physically present at the hunt site to
|
remotely control a weapon that could be used to take wildlife |
by remote operation, including, but not limited to,
weapons or |
devices set up to fire through the use of the
Internet or |
through a remote control device.
|
(520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
|
Sec. 3.5. Penalties; probation.
|
(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.
|
(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
|
judgment and with the person's consent, sentence the person to |
probation for a
violation of Section 2.36a.
|
(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.
|
(2) The conditions of probation shall be that the |
person:
|
(A) Not violate
any criminal statute of any |
jurisdiction.
|
(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
|
county board.
|
(3) The court may, in addition to other conditions:
|
(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.
|
(B) Require that the person pay a fine and costs.
|
(C) Require that the person refrain from |
possessing a firearm or other
dangerous weapon.
|
|
(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.
|
(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.
|
(5) Upon fulfillment of the terms and
conditions of |
probation, the court shall discharge the person and dismiss
|
the proceedings against the person.
|
(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.
|
(7) Discharge and dismissal under this Section
may |
occur only once
with respect to any person.
|
(8) If a person is convicted of an offense under this
|
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
|
for that conviction
as a factor in aggravation.
|
(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.
|
(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), |
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.
|
A person who violates Section 2.33b by using any computer |
software or service to remotely control a weapon that takes |
wildlife by remote operation is guilty of a Class B |
misdemeanor. A person who violates Section 2.33b by |
facilitating a violation of Section 2.33b, including an owner |
of land in which remote control hunting occurs, a computer |
programmer who designs a program or software to facilitate |
remote control hunting, or a person who provides weapons or |
equipment to facilitate remote control hunting, is guilty of a |
Class A misdemeanor.
|
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.
|
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.
|
|
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.
|
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.
|
In addition to any fines imposed pursuant to the provisions |
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
|
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.
|
(Source: P.A. 94-222, eff. 7-14-05.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|