Public Act 096-0397
HB2546 Enrolled LRB096 09839 RLC 20002 b

    AN ACT concerning criminal law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of Illinois
is amended by changing Section 805-540 as follows:
    (20 ILCS 805/805-540)  (was 20 ILCS 805/63b2.6)
    Sec. 805-540. Enforcement of adjoining state's laws. The
Director may grant authority to the officers of any adjoining
state who are authorized and directed to enforce the laws of
that state relating to the protection of flora and fauna to
take any of the following actions and have the following powers
within the State of Illinois:
        (1) To follow, seize, and return to the adjoining state
    any flora or fauna or part thereof shipped or taken from
    the adjoining state in violation of the laws of that state
    and brought into this State.
        (2) To dispose of any such flora or fauna or part
    thereof under the supervision of an Illinois Conservation
    Police Officer.
        (3) To enforce as an agent of this State, with the same
    powers as an Illinois Conservation Police Officer, each of
    the following laws of this State:
            (i) The Illinois Endangered Species Protection
            (ii) The Fish and Aquatic Life Code.
            (iii) The Wildlife Code.
            (iv) The Wildlife Habitat Management Areas Act.
            (v) The Hunter and Fishermen Interference
        Prohibition Act.
            (vi) The Illinois Non-Game Wildlife Protection
            (vii) The Ginseng Harvesting Act.
            (viii) The State Forest Act.
            (ix) The Forest Products Transportation Act.
            (x) The Timber Buyers Licensing Act.
    Any officer of an adjoining state acting under a power or
authority granted by the Director pursuant to this Section
shall act without compensation or other benefits from this
State and without this State having any liability for the acts
or omissions of that officer.
(Source: P.A. 91-239, eff. 1-1-00.)
    Section 10. The Hunter Interference Prohibition Act is
amended by changing Sections 0.01, 1, 2, and 4 as follows:
    (720 ILCS 125/0.01)  (from Ch. 61, par. 300)
    Sec. 0.01. Short title. This Act may be cited as the Hunter
and Fishermen Interference Prohibition Act.
(Source: P.A. 86-1324.)
    (720 ILCS 125/1)  (from Ch. 61, par. 301)
    Sec. 1. Definitions. As used in this Act:
    "Interfere with" means to take any action that physically
impedes, hinders, or obstructs the lawful taking of wildlife or
aquatic life a wild animal.
     "Wildlife" "Wild animal" means any wildlife wild creature
the taking of which is authorized by the Wildlife Code Fish and
Aquatic Life Code or the wildlife, fish, and game laws of this
State and includes those species that are lawfully released by
properly licensed permittees of the Department of Natural
    "Aquatic life" means all fish, reptiles, amphibians,
crayfish, and mussels the taking of which is authorized by the
Fish and Aquatic Life Code.
     "Taking" means the capture or killing of wildlife or
aquatic life a wild animal 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 wild animal.
(Source: P.A. 90-555, eff. 12-12-97.)
    (720 ILCS 125/2)  (from Ch. 61, par. 302)
    Sec. 2. Any person who performs any of the following is
guilty of a Class B misdemeanor:
    (a) Wilfully obstructs or interferes with the lawful taking
of wildlife or aquatic life wild animals by another person with
the specific intent to prevent that lawful taking.
    (b) (Blank).
    (c) (Blank).
    (d) (Blank).
    A person violates this Section when he or she intentionally
or knowingly engages in any of the following acts:
        (1) Drives or disturbs wildlife or aquatic life wild
    animals for the purpose of disrupting a lawful taking of
    wildlife or aquatic life wild animals.
        (2) Blocks, impedes, or physically harasses another
    person who is engaged in the process of lawfully taking
    wildlife or aquatic life a wild animal.
        (3) Uses natural or artificial visual, aural,
    olfactory, gustatory, or physical stimuli to affect
    wildlife or aquatic life animal behavior in order to hinder
    or prevent the lawful taking of wildlife or aquatic life a
    wild animal.
        (4) Erects barriers with the intent to deny ingress or
    egress to or from areas where the lawful taking of wildlife
    or aquatic life wild animals may occur.
        (5) Intentionally interjects himself or herself into
    the line of fire or fishing lines of a person lawfully
    taking wildlife or aquatic life wild animals.
        (6) Affects the physical condition or placement of
    personal or public property intended for use in the lawful
    taking of wildlife or aquatic life a wild animal in order
    to impair the usefulness of the property or prevent the use
    of the property.
        (7) 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 Section.
    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.
    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
    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.
    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
wild animals is taking place, provided that none of the
provisions of this Section are being violated.
(Source: P.A. 90-555, eff. 12-12-97.)
    (720 ILCS 125/4)  (from Ch. 61, par. 304)
    Sec. 4. (a) Any court may enjoin conduct which would be in
violation of Section 2 of this Act upon petition by a person
affected or who reasonably may be affected by such conduct,
upon a showing that such 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.
    (b) A court shall award all resulting costs and damages to
any person adversely affected by a violation of Section 2,
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 such expenditures were rendered futile by
prevention of the taking of wildlife or aquatic life a wild
    (c) 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 Act.
(Source: P.A. 88-397.)

Effective Date: 1/1/2010