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 
        Act.


            (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 
        Act.


            (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

Resources.

    "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 
trespass.

    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 
animal.

    (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.)