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| 1 | AN ACT concerning wildlife.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Wildlife Code is amended by changing Section | ||||||
| 5 | 2.36a as follows:
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| 6 | (520 ILCS 5/2.36a) (from Ch. 61, par. 2.36a)
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| 7 | Sec. 2.36a. Value of protected species; violations.
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| 8 | (a) Any person who, for profit or commercial purposes, | ||||||
| 9 | knowingly
captures or kills, possesses, offers for sale, sells, | ||||||
| 10 | offers to barter,
barters, offers to purchase, purchases, | ||||||
| 11 | delivers for shipment, ships, exports,
imports, causes to be | ||||||
| 12 | shipped, exported, or imported, delivers for
transportation, | ||||||
| 13 | transports or causes to be transported,
carries or causes to be | ||||||
| 14 | carried, or receives for shipment, transportation,
carriage, | ||||||
| 15 | or export any animal or part of animal of the species protected
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| 16 | by this Act, contrary to the provisions of this Act, and such | ||||||
| 17 | animals, in
whole or in part, are valued at or in excess of a | ||||||
| 18 | total of $300, as per
specie value
specified in subsection (c) | ||||||
| 19 | of this Section, commits a Class 3 felony.
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| 20 | A person shall be guilty of a Class 4 felony if convicted | ||||||
| 21 | under this
Section for more than one violation within a 90-day | ||||||
| 22 | period where the animals of
each violation are not valued at or | ||||||
| 23 | in excess of $300, but the total value of
the animals from the | ||||||
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| 1 | multiple violations is at or in excess of $300. The
prosecution | ||||||
| 2 | for a Class 4 felony for these multiple violations must be | ||||||
| 3 | alleged
in a single charge or indictment and brought in a | ||||||
| 4 | single prosecution.
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| 5 | (b) Possession of animals, in whole or in part, captured or | ||||||
| 6 | killed in
violation of this Act, valued at or in excess of | ||||||
| 7 | $600, as per specie value
specified
in subsection (c) of this | ||||||
| 8 | Section, shall be considered prima facie evidence
of possession | ||||||
| 9 | for profit or commercial purposes.
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| 10 | (c) For purposes of this Section,
the fair market value or | ||||||
| 11 | replacement cost, whichever is greater, shall be
used to | ||||||
| 12 | determine the value of the species protected by this Act, but | ||||||
| 13 | in no
case shall the minimum value of all species protected by
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| 14 | this Act be less than as follows:
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| 15 | (1) Eagle, $1,000 $500;
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| 16 | (2) Whitetail deer, $1,000 and wild turkey, $500 $250;
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| 17 | (3) Fur-bearing mammals, $50 $25;
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| 18 | (4) Game birds (except the wild turkey) and migratory | ||||||
| 19 | game
birds (except Trumpeter swans), $50 $25;
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| 20 | (5) Owls, hawks, falcons, kites, harriers, and | ||||||
| 21 | ospreys, and
other birds of prey $250 $125;
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| 22 | (6) Game mammals (except whitetail deer), $50 $25;
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| 23 | (7) Other mammals, $100 $50;
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| 24 | (8) Resident and migratory non-game birds (except | ||||||
| 25 | birds of prey), $100 $50;
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| 26 | (9) Trumpeter swans, $1,000 $250.
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| 1 | (d) In this subsection (d), "point" means a projection on | ||||||
| 2 | the antler of a whitetail antlered deer that is at least | ||||||
| 3 | one-inch long as measured from the tip to the nearest edge of | ||||||
| 4 | antler beam and the length of which exceeds the length of its | ||||||
| 5 | base. A person who possesses whitetail antlered deer, in whole | ||||||
| 6 | or in part, captured or killed in violation of this Act, shall | ||||||
| 7 | pay restitution to the Department in the amount of $1,000 per | ||||||
| 8 | whitetail antlered deer and an additional $500 per antler | ||||||
| 9 | point, for each whitetail antlered deer with at least 8 but not | ||||||
| 10 | more than 10 antler points. For whitetail antlered deer with 11 | ||||||
| 11 | or more antler points, restitution of $1,000 shall be paid to | ||||||
| 12 | the Department per whitetail antlered deer plus $750 per antler | ||||||
| 13 | point. | ||||||
| 14 | (Source: P.A. 90-743, eff. 1-1-99.)
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| 15 | Section 99. Effective date. This Act takes effect upon | ||||||
| 16 | becoming law.
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