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| Public Act 094-0222 |
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AN ACT concerning animals.
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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 Fish and Aquatic Life Code is amended by | ||||
changing Section 20-35 as follows:
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(515 ILCS 5/20-35) (from Ch. 56, par. 20-35)
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Sec. 20-35. Offenses.
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(a) Except as prescribed in Section 5-25 and unless | ||||
otherwise provided in
this Code, any person who is found guilty | ||||
of violating any of the provisions
of this Code, including | ||||
administrative rules, is guilty of a petty offense.
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Any person who violates any of the provisions of Section | ||||
5-20, 10-5,
10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-50, | ||||
10-60, 10-70, 10-75, 10-95,
10-115, 10-135, 15-5, 15-10, 15-15, | ||||
15-20, 15-30, 15-32, 15-40, 15-45, 15-55,
15-60, 15-65, 15-75, | ||||
15-80, 15-85, 15-90, 15-95, 15-100, 15-105, 15-110,
15-115, | ||||
15-120, 15-130, 15-140, 20-70, 20-75, 20-80, 20-85 (except | ||||
subsections (b), (c), (d), (e), (f), and (g)), 25-10, 25-15, or
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25-20 of this Code, including administrative rules relating to | ||||
those Sections,
is guilty of a Class B misdemeanor.
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Any person who violates any of the provisions of Section | ||||
1-200, 1-205,
10-55, 10-80, 15-35, or 20-120 of this Code, | ||||
including administrative rules
relating to those Sections, is | ||||
guilty of a Class A misdemeanor.
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Any person who violates any of the provisions of this Code, | ||||
including
administrative rules, during the 5 years following | ||||
the revocation of his or
her license, permit, or privileges | ||||
under Section 20-105 is guilty of a Class
A misdemeanor.
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Any person who violates Section 5-25 of this Code, | ||||
including administrative
rules, is guilty of a Class 3 felony.
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(b)(1) It is unlawful for any person to take or attempt to | ||||
take aquatic
life from any aquatic life farm except with the | ||||
consent of the owner of the
aquatic life farm. Any person | ||
possessing fishing tackle on the premises of an
aquatic life | ||
farm is presumed to be fishing. The presumption may be rebutted
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by clear and convincing evidence. All fishing tackle, | ||
apparatus, and vehicles
used in the violation of this | ||
subsection (b) shall be confiscated by the
arresting officer. | ||
Except as otherwise provided in this subsection, the
seizure | ||
and confiscation procedures set forth in Section 1-215 of this | ||
Code
shall apply. If the confiscated property is determined by | ||
the circuit court
to have been used in the violation of this | ||
subsection (b), the confiscated
property shall be sold at | ||
public auction by the county sheriff of the county
where the | ||
violation occurred. The proceeds of the sale shall be deposited | ||
in
the county general fund; provided that the auction may be | ||
stayed by an
appropriate court order.
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(2) A violation of paragraph (1) of this subsection (b) is | ||
a Class A
misdemeanor for a first offense and a Class 4 felony | ||
for a second or subsequent
offense.
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(c)(1) It is unlawful for any person to trespass or fish on | ||
an aquatic life
farm located on a strip mine lake or other body | ||
of water used for aquatic life
farming operations, or within a | ||
200 foot buffer zone surrounding cages or
netpens that are | ||
clearly delineated by buoys of a posted aquatic life farm, by
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swimming, scuba diving, or snorkeling in, around, or under the | ||
aquatic life
farm or by operating a watercraft over, around, or | ||
in the aquatic life farm
without the consent of the owner of | ||
the aquatic life farm.
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(2) A violation of paragraph (1) of this subsection (c) is | ||
a Class B
misdemeanor for a first offense and a Class A | ||
misdemeanor for a second or
subsequent offense. All fishing | ||
tackle, apparatus, and watercraft used in a
second or | ||
subsequent violation of this subsection (c) shall be | ||
confiscated by
the arresting officer. Except as otherwise | ||
provided in this subsection, the
seizure and confiscation | ||
procedures set forth in Section 1-215 of this Code
shall apply. | ||
If the confiscated property is determined by the circuit court
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to have been used in a violation of this subsection (c), the | ||
confiscated
property shall be sold at public auction by the | ||
county sheriff of the county
where the violation occurred. The | ||
proceeds of the sale shall be deposited
in the county general | ||
fund; provided that the auction may be stayed by an
appropriate | ||
court order.
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(d) 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 | ||
or as otherwise provided in this Code.
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(e) In addition to any fines imposed under this Section, or | ||
as otherwise
provided in this Code, any person found guilty of | ||
unlawfully taking or
possessing any aquatic life protected by | ||
this Code shall be assessed a
civil penalty for that aquatic | ||
life in accordance with the values
prescribed in Section 5-25 | ||
of this Code. This civil penalty shall be
imposed at the time | ||
of the conviction by the Circuit Court for the county
where the | ||
offense was committed. Except as otherwise provided for in
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subsections (b) and (c) of this Section, all penalties provided | ||
for in this
Section shall be remitted to the Department in | ||
accordance with the provisions
of Section 1-180 of this Code.
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(Source: P.A. 92-385, eff. 8-16-01; 92-513, eff. 6-1-02; | ||
92-651, eff.
7-11-02.)
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Section 10. The Wildlife Code is amended by changing | ||
Section 3.5 as follows:
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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), | ||
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.
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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 | ||
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. 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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