SB1371 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1371

 

Introduced 2/18/2015, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/1.2e-5 new
520 ILCS 5/1.25  from Ch. 61, par. 1.25
520 ILCS 5/2.33  from Ch. 61, par. 2.33

    Amends the Wildlife Code. Defines the term, "Drone". Prohibits the use of a manned or unmanned vehicle to take, pursue, or intentionally harass or disturb wild birds or mammals. Makes it unlawful to hunt on property where wildlife were spotted using manned or unmanned aircraft, including drones, unless 24 hours have passed since the aircraft has landed. Provides that the use of a drone as a hunting device constitutes a public nuisance, making the drone subject to confiscation.


LRB099 09100 RJF 29293 b

 

 

A BILL FOR

 

SB1371LRB099 09100 RJF 29293 b

1    AN ACT concerning wildlife.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Wildlife Code is amended by changing
5Sections 1.25 and 2.33 and by adding Section 1.2e-5 as follows:
 
6    (520 ILCS 5/1.2e-5 new)
7    Sec. 1.2e-5. Drone. "Drone" means an unmanned aerial
8vehicle.
 
9    (520 ILCS 5/1.25)  (from Ch. 61, par. 1.25)
10    Sec. 1.25. Every hunting or trapping device, drone, vehicle
11or conveyance, when used or operated illegally, or attempted to
12be used or operated illegally by any person in taking,
13transporting, holding, or conveying any wild bird or wild
14mammal, contrary to the provisions of this Act, including
15administrative rules, is a public nuisance and subject to
16seizure and confiscation by any authorized employee of the
17Department; upon the seizure of such item the Department shall
18take and hold the same until disposed of as hereinafter
19provided.
20    Upon the seizure of any property as herein provided, the
21authorized employee of the Department making such seizure shall
22forthwith cause a complaint to be filed before the Circuit

 

 

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1Court and a summons to be issued requiring the person who
2illegally used or operated or attempted to use or operate such
3property and the owner and person in possession of such
4property to appear in court and show cause why the property
5seized should not be forfeited to the State. Upon the return of
6the summons duly served or other notice as herein provided, the
7court shall proceed to determine the question of the illegality
8of the use of the seized property and upon judgment being
9entered to the effect that such property was illegally used, an
10order may be entered providing for the forfeiture of such
11seized property to the Department and shall thereupon become
12the property of the Department; but the owner of such property
13may have a jury determine the illegality of its use, and shall
14have the right of an appeal, as in other cases. Such
15confiscation or forfeiture shall not preclude or mitigate
16against prosecution and assessment of penalties otherwise
17provided in this Act.
18    Upon seizure of any property under circumstances
19supporting a reasonable belief that such property was
20abandoned, lost or stolen or otherwise illegally possessed or
21used contrary to the provisions of this Act, except property
22seized during a search or arrest, and ultimately returned,
23destroyed, or otherwise disposed of pursuant to order of a
24court in accordance with this Act, the authorized employee of
25the Department shall make reasonable inquiry and efforts to
26identify and notify the owner or other person entitled to

 

 

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1possession thereof, and shall return the property after such
2person provides reasonable and satisfactory proof of his
3ownership or right to possession and reimburses the Department
4for all reasonable expenses of such custody. If the identity or
5location of the owner or other person entitled to possession of
6the property has not been ascertained within 6 months after the
7Department obtains such possession, the Department shall
8effectuate the sale of the property for cash to the highest
9bidder at a public auction. The owner or other person entitled
10to possession of such property may claim and recover possession
11of the property at any time before its sale at public auction,
12upon providing reasonable and satisfactory proof of ownership
13or right of possession and reimbursing the Department for all
14reasonable expenses of custody thereof.
15    Any property, including guns, forfeited to the State by
16court order pursuant to this Section, may be disposed of by
17public auction, except that any property which is the subject
18of such a court order shall not be disposed of pending appeal
19of the order. The proceeds of the sales at auction shall be
20deposited in the Wildlife and Fish Fund.
21    The Department shall pay all costs of notices required by
22this Section.
23(Source: P.A. 85-152.)
 
24    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
25    Sec. 2.33. Prohibitions.

 

 

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1    (a) It is unlawful to carry or possess any gun in any State
2refuge unless otherwise permitted by administrative rule.
3    (b) It is unlawful to use or possess any snare or
4snare-like device, deadfall, net, or pit trap to take any
5species, except that snares not powered by springs or other
6mechanical devices may be used to trap fur-bearing mammals, in
7water sets only, if at least one-half of the snare noose is
8located underwater at all times.
9    (c) It is unlawful for any person at any time to take a
10wild mammal protected by this Act from its den by means of any
11mechanical device, spade, or digging device or to use smoke or
12other gases to dislodge or remove such mammal except as
13provided in Section 2.37.
14    (d) It is unlawful to use a ferret or any other small
15mammal which is used in the same or similar manner for which
16ferrets are used for the purpose of frightening or driving any
17mammals from their dens or hiding places.
18    (e) (Blank).
19    (f) It is unlawful to use spears, gigs, hooks or any like
20device to take any species protected by this Act.
21    (g) It is unlawful to use poisons, chemicals or explosives
22for the purpose of taking any species protected by this Act.
23    (h) It is unlawful to hunt adjacent to or near any peat,
24grass, brush or other inflammable substance when it is burning.
25    (i) It is unlawful to take, pursue or intentionally harass
26or disturb in any manner any wild birds or mammals by use or

 

 

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1aid of any vehicle, manned or unmanned, or conveyance, except
2as permitted by the Code of Federal Regulations for the taking
3of waterfowl. It is unlawful to hunt on property where wildlife
4were spotted using manned or unmanned aircraft, including
5drones, unless 24 hours have passed since the aircraft has
6landed. It is also unlawful to use the lights of any vehicle or
7conveyance or any light from or any light connected to the
8vehicle or conveyance in any area where wildlife may be found
9except in accordance with Section 2.37 of this Act; however,
10nothing in this Section shall prohibit the normal use of
11headlamps for the purpose of driving upon a roadway. Striped
12skunk, opossum, red fox, gray fox, raccoon and coyote may be
13taken during the open season by use of a small light which is
14worn on the body or hand-held by a person on foot and not in any
15vehicle.
16    (j) It is unlawful to use any shotgun larger than 10 gauge
17while taking or attempting to take any of the species protected
18by this Act.
19    (k) It is unlawful to use or possess in the field any
20shotgun shell loaded with a shot size larger than lead BB or
21steel T (.20 diameter) when taking or attempting to take any
22species of wild game mammals (excluding white-tailed deer),
23wild game birds, migratory waterfowl or migratory game birds
24protected by this Act, except white-tailed deer as provided for
25in Section 2.26 and other species as provided for by subsection
26(l) or administrative rule.

 

 

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1    (l) It is unlawful to take any species of wild game, except
2white-tailed deer and fur-bearing mammals, with a shotgun
3loaded with slugs unless otherwise provided for by
4administrative rule.
5    (m) It is unlawful to use any shotgun capable of holding
6more than 3 shells in the magazine or chamber combined, except
7on game breeding and hunting preserve areas licensed under
8Section 3.27 and except as permitted by the Code of Federal
9Regulations for the taking of waterfowl. If the shotgun is
10capable of holding more than 3 shells, it shall, while being
11used on an area other than a game breeding and shooting
12preserve area licensed pursuant to Section 3.27, be fitted with
13a one piece plug that is irremovable without dismantling the
14shotgun or otherwise altered to render it incapable of holding
15more than 3 shells in the magazine and chamber, combined.
16    (n) It is unlawful for any person, except persons who
17possess a permit to hunt from a vehicle as provided in this
18Section and persons otherwise permitted by law, to have or
19carry any gun in or on any vehicle, conveyance or aircraft,
20unless such gun is unloaded and enclosed in a case, except that
21at field trials authorized by Section 2.34 of this Act,
22unloaded guns or guns loaded with blank cartridges only, may be
23carried on horseback while not contained in a case, or to have
24or carry any bow or arrow device in or on any vehicle unless
25such bow or arrow device is unstrung or enclosed in a case, or
26otherwise made inoperable.

 

 

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1    (o) It is unlawful to use any crossbow for the purpose of
2taking any wild birds or mammals, except as provided for in
3Section 2.5.
4    (p) It is unlawful to take game birds, migratory game birds
5or migratory waterfowl with a rifle, pistol, revolver or
6airgun.
7    (q) It is unlawful to fire a rifle, pistol, revolver or
8airgun on, over or into any waters of this State, including
9frozen waters.
10    (r) It is unlawful to discharge any gun or bow and arrow
11device along, upon, across, or from any public right-of-way or
12highway in this State.
13    (s) It is unlawful to use a silencer or other device to
14muffle or mute the sound of the explosion or report resulting
15from the firing of any gun.
16    (t) It is unlawful for any person to take or attempt to
17take any species of wildlife or parts thereof, intentionally or
18wantonly allow a dog to hunt, within or upon the land of
19another, or upon waters flowing over or standing on the land of
20another, or to knowingly shoot a gun or bow and arrow device at
21any wildlife physically on or flying over the property of
22another without first obtaining permission from the owner or
23the owner's designee. For the purposes of this Section, the
24owner's designee means anyone who the owner designates in a
25written authorization and the authorization must contain (i)
26the legal or common description of property for such authority

 

 

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1is given, (ii) the extent that the owner's designee is
2authorized to make decisions regarding who is allowed to take
3or attempt to take any species of wildlife or parts thereof,
4and (iii) the owner's notarized signature. Before enforcing
5this Section the law enforcement officer must have received
6notice from the owner or the owner's designee of a violation of
7this Section. Statements made to the law enforcement officer
8regarding this notice shall not be rendered inadmissible by the
9hearsay rule when offered for the purpose of showing the
10required notice.
11    (u) It is unlawful for any person to discharge any firearm
12for the purpose of taking any of the species protected by this
13Act, or hunt with gun or dog, or intentionally or wantonly
14allow a dog to hunt, within 300 yards of an inhabited dwelling
15without first obtaining permission from the owner or tenant,
16except that while trapping, hunting with bow and arrow, hunting
17with dog and shotgun using shot shells only, or hunting with
18shotgun using shot shells only, or providing outfitting
19services under a waterfowl outfitter permit, or on licensed
20game breeding and hunting preserve areas, as defined in Section
213.27, on federally owned and managed lands and on Department
22owned, managed, leased, or controlled lands, a 100 yard
23restriction shall apply.
24    (v) It is unlawful for any person to remove fur-bearing
25mammals from, or to move or disturb in any manner, the traps
26owned by another person without written authorization of the

 

 

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1owner to do so.
2    (w) It is unlawful for any owner of a dog to knowingly or
3wantonly allow his or her dog to pursue, harass or kill deer,
4except that nothing in this Section shall prohibit the tracking
5of wounded deer with a dog in accordance with the provisions of
6Section 2.26 of this Code.
7    (x) It is unlawful for any person to wantonly or carelessly
8injure or destroy, in any manner whatsoever, any real or
9personal property on the land of another while engaged in
10hunting or trapping thereon.
11    (y) It is unlawful to hunt wild game protected by this Act
12between one half hour after sunset and one half hour before
13sunrise, except that hunting hours between one half hour after
14sunset and one half hour before sunrise may be established by
15administrative rule for fur-bearing mammals.
16    (z) It is unlawful to take any game bird (excluding wild
17turkeys and crippled pheasants not capable of normal flight and
18otherwise irretrievable) protected by this Act when not flying.
19Nothing in this Section shall prohibit a person from carrying
20an uncased, unloaded shotgun in a boat, while in pursuit of a
21crippled migratory waterfowl that is incapable of normal
22flight, for the purpose of attempting to reduce the migratory
23waterfowl to possession, provided that the attempt is made
24immediately upon downing the migratory waterfowl and is done
25within 400 yards of the blind from which the migratory
26waterfowl was downed. This exception shall apply only to

 

 

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1migratory game birds that are not capable of normal flight.
2Migratory waterfowl that are crippled may be taken only with a
3shotgun as regulated by subsection (j) of this Section using
4shotgun shells as regulated in subsection (k) of this Section.
5    (aa) It is unlawful to use or possess any device that may
6be used for tree climbing or cutting, while hunting fur-bearing
7mammals, excluding coyotes.
8    (bb) It is unlawful for any person, except licensed game
9breeders, pursuant to Section 2.29 to import, carry into, or
10possess alive in this State any species of wildlife taken
11outside of this State, without obtaining permission to do so
12from the Director.
13    (cc) It is unlawful for any person to have in his or her
14possession any freshly killed species protected by this Act
15during the season closed for taking.
16    (dd) It is unlawful to take any species protected by this
17Act and retain it alive except as provided by administrative
18rule.
19    (ee) It is unlawful to possess any rifle while in the field
20during gun deer season except as provided in Section 2.26 and
21administrative rules.
22    (ff) It is unlawful for any person to take any species
23protected by this Act, except migratory waterfowl, during the
24gun deer hunting season in those counties open to gun deer
25hunting, unless he or she wears, when in the field, a cap and
26upper outer garment of a solid blaze orange color, with such

 

 

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1articles of clothing displaying a minimum of 400 square inches
2of blaze orange material.
3    (gg) It is unlawful during the upland game season for any
4person to take upland game with a firearm unless he or she
5wears, while in the field, a cap of solid blaze orange color.
6For purposes of this Act, upland game is defined as Bobwhite
7Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
8Cottontail and Swamp Rabbit.
9    (hh) It shall be unlawful to kill or cripple any species
10protected by this Act for which there is a bag limit without
11making a reasonable effort to retrieve such species and include
12such in the bag limit. It shall be unlawful for any person
13having control over harvested game mammals, game birds, or
14migratory game birds for which there is a bag limit to wantonly
15waste or destroy the usable meat of the game, except this shall
16not apply to wildlife taken under Sections 2.37 or 3.22 of this
17Code. For purposes of this subsection, "usable meat" means the
18breast meat of a game bird or migratory game bird and the hind
19ham and front shoulders of a game mammal. It shall be unlawful
20for any person to place, leave, dump, or abandon a wildlife
21carcass or parts of it along or upon a public right-of-way or
22highway or on public or private property, including a waterway
23or stream, without the permission of the owner or tenant. It
24shall not be unlawful to discard game meat that is determined
25to be unfit for human consumption.
26    (ii) This Section shall apply only to those species

 

 

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1protected by this Act taken within the State. Any species or
2any parts thereof, legally taken in and transported from other
3states or countries, may be possessed within the State, except
4as provided in this Section and Sections 2.35, 2.36 and 3.21.
5    (jj) (Blank).
6    (kk) Nothing contained in this Section shall prohibit the
7Director from issuing permits to paraplegics or to other
8disabled persons who meet the requirements set forth in
9administrative rule to shoot or hunt from a vehicle as provided
10by that rule, provided that such is otherwise in accord with
11this Act.
12    (ll) Nothing contained in this Act shall prohibit the
13taking of aquatic life protected by the Fish and Aquatic Life
14Code or birds and mammals protected by this Act, except deer
15and fur-bearing mammals, from a boat not camouflaged or
16disguised to alter its identity or to further provide a place
17of concealment and not propelled by sail or mechanical power.
18However, only shotguns not larger than 10 gauge nor smaller
19than .410 bore loaded with not more than 3 shells of a shot
20size no larger than lead BB or steel T (.20 diameter) may be
21used to take species protected by this Act.
22    (mm) Nothing contained in this Act shall prohibit the use
23of a shotgun, not larger than 10 gauge nor smaller than a 20
24gauge, with a rifled barrel.
25    (nn) It shall be unlawful to possess any species of
26wildlife or wildlife parts taken unlawfully in Illinois, any

 

 

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1other state, or any other country, whether or not the wildlife
2or wildlife parts is indigenous to Illinois. For the purposes
3of this subsection, the statute of limitations for unlawful
4possession of wildlife or wildlife parts shall not cease until
52 years after the possession has permanently ended.
6(Source: P.A. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12;
798-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14;
898-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, eff.
91-1-15.)