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| Public Act 100-0960 | ||||
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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 Section | ||||
2.36a as follows:
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(520 ILCS 5/2.36a) (from Ch. 61, par. 2.36a)
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Sec. 2.36a. Value of protected species; violations.
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(a) Any person who, for profit or commercial purposes, | ||||
knowingly
captures or kills, possesses, offers for sale, sells, | ||||
offers to barter,
barters, offers to purchase, purchases, | ||||
delivers for shipment, ships, exports,
imports, causes to be | ||||
shipped, exported, or imported, delivers for
transportation, | ||||
transports or causes to be transported,
carries or causes to be | ||||
carried, or receives for shipment, transportation,
carriage, | ||||
or export any animal or part of animal of the species protected
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by this Act, contrary to the provisions of this Act, and such | ||||
animals, in
whole or in part, are valued at or in excess of a | ||||
total of $300, as per
specie value
specified in subsection (c) | ||||
of this Section, commits a Class 3 felony.
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A person shall be guilty of a Class 4 felony if convicted | ||||
under this
Section for more than one violation within a 90-day | ||||
period where the animals of
each violation are not valued at or | ||||
in excess of $300, but the total value of
the animals from the | ||||
multiple violations is at or in excess of $300. The
prosecution | ||
for a Class 4 felony for these multiple violations must be | ||
alleged
in a single charge or indictment and brought in a | ||
single prosecution.
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(b) Possession of animals, in whole or in part, captured or | ||
killed in
violation of this Act, valued at or in excess of | ||
$600, as per specie value
specified
in subsection (c) of this | ||
Section, shall be considered prima facie evidence
of possession | ||
for profit or commercial purposes.
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(c) For purposes of this Section,
the fair market value or | ||
replacement cost, whichever is greater, shall be
used to | ||
determine the value of the species protected by this Act, but | ||
in no
case shall the minimum value of all species protected by
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this Act be less than as follows:
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(1) Eagle, $1,000 $500;
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(2) Whitetail deer, $1,000 and wild turkey, $500 $250;
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(3) Fur-bearing mammals, $50 $25;
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(4) Game birds (except the wild turkey) and migratory | ||
game
birds (except Trumpeter swans), $50 $25;
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(5) Owls, hawks, falcons, kites, harriers, and | ||
ospreys, and
other birds of prey $250 $125;
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(6) Game mammals (except whitetail deer), $50 $25;
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(7) Other mammals, $100 $50;
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(8) Resident and migratory non-game birds (except | ||
birds of prey), $100 $50;
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(9) Trumpeter swans, $1,000 $250.
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(d) In this subsection (d), "point" means a projection on | ||
the antler of a whitetail antlered deer that is at least | ||
one-inch long as measured from the tip to the nearest edge of | ||
antler beam and the length of which exceeds the length of its | ||
base. A person who possesses whitetail antlered deer, in whole | ||
or in part, captured or killed in violation of this Act, shall | ||
pay restitution to the Department in the amount of $1,000 per | ||
whitetail antlered deer and an additional $500 per antler | ||
point, for each whitetail antlered deer with at least 8 but not | ||
more than 10 antler points. For whitetail antlered deer with 11 | ||
or more antler points, restitution of $1,000 shall be paid to | ||
the Department per whitetail antlered deer plus $750 per antler | ||
point. | ||
(Source: P.A. 90-743, eff. 1-1-99.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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