HB3908 99TH GENERAL ASSEMBLY

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99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3908

Introduced , by Rep. John M. Cabello

SYNOPSIS AS INTRODUCED:

510 ILCS 68/105-40
515 ILCS 5/1-185	from Ch. 56, par. 1-185
520 ILCS 5/1.19	from Ch. 61, par. 1.19

Amends the Herptiles-Herps Act, the Fish and Aquatic Life Code, and the Wildlife Code. Provides that no employee of the Department of Natural Resources shall search any home or its curtilage without a valid warrant, permission, or probable cause that the home or its curtilage contains evidence of a violation of the Acts. Makes other changes. Effective immediately.

A BILL FOR

AN ACT concerning wildlife.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Herptiles-Herps Act is amended by changing Section 105-40 as follows:

(510 ILCS 68/105-40)

Sec. 105-40. Power of entry and examination; access to lands and waters. Authorized employees of the Department are empowered, under law, to enter all lands and waters to enforce this Act. Authorized employees with a reasonable suspicion that they will find evidence of a violation of this Act may are further empowered to examine all buildings, private or public clubs (except dwellings), fish markets, reptile shows, pet stores, camps, vessels, cars (except sealed railroad cars or other sealed common carriers), conveyances, vehicles, watercraft, or any other means of transportation or shipping, tents, bags, pillowcases, coats, jackets, or other receptacles and to open any box, barrel, package, or other receptacle in the possession of a common carrier, which might contain that they have reason to believe contains reptile or amphibian life or any part of reptile or amphibian life taken, bought, sold or bartered, shipped, or had in possession contrary to this Act, including administrative rules, or that the receptacle containing the reptile or amphibian is falsely labeled.

Authorized employees of the Department shall be given free access to and shall not be hindered or interfered with in making an entry and examination. Any permit or license held by a person preventing free access or interfering with or hindering an employee shall not be issued to that person for the period of one year after his or her action.

Employees of the Department, as specifically authorized by the Director, are empowered to enter all lands and waters for the purpose of reptile or amphibian investigations, State and federal permit inspections, as well as reptile or amphibian censuses or inventories, and are further empowered to conduct examination of equipment and devices in the field, under law, to ensure compliance with this Act.

However, no employee of the Department shall search any home or its curtilage without a valid warrant, permission, or probable cause that the home or its curtilage contains evidence of a violation of this Act.

In determining what constitutes "curtilage", the Department shall consider, but is not limited to considering, the proximity of the area to the home, whether the area is included within an enclosure surrounding the home, the nature of the uses to which the area is put, the steps taken by the resident to protect the area from observation by people passing by, or any combination of these factors.

(Source: P.A. 98-752, eff. 1-1-15.)

Section 10. The Fish and Aquatic Life Code is amended by changing Section 1-185 as follows:

(515 ILCS 5/1-185) (from Ch. 56, par. 1-185)

Sec. 1-185. Power of entry and examination. Authorized employees of the Department are empowered, under law, to enter all lands and waters to enforce this Code. Authorized employees with a reasonable suspicion that they will find evidence of a violation of this Code may are further empowered to examine all buildings, private or public clubs (except dwellings), fish markets, cold storage houses, locker plants, camps, vessels, cars (except sealed railroad cars or other common carriers), conveyances, vehicles, water craft, or any other means of transportation or shipping, tents, game bags, game coats, or other receptacles and to open and examine any box, barrel, package, or other receptacle in the possession of a common carrier, which might contain that they have reason to believe contains aquatic life or any part of aquatic life taken, bought, sold or bartered, shipped, or had in possession contrary to this Code, including administrative rules, or that the receptacle containing the aquatic life is falsely labeled.

Authorized employees of the Department shall be given free access to and shall not be hindered or interfered with in making an entry and examination. Any license held by a person preventing free access or interfering with or hindering an employee shall not be issued to that person for the period of one year after his or her action.

Employees of the Department as specifically authorized by the Director are empowered to enter all lands and waters for purposes of pollution investigations, State and federal permit inspections, as well as aquatic life and wildlife censuses or inventories, and are further empowered to conduct examination of equipment and devices in the field, under law, to ensure compliance with this Code.

However, no employee of the Department shall search any home or its curtilage without a valid warrant, permission, or probable cause that the home or its curtilage contains evidence of a violation of this Code.

In determining what constitutes "curtilage", the Department shall consider, but is not limited to considering, the proximity of the area to the home, whether the area is included within an enclosure surrounding the home, the nature of the uses to which the area is put, the steps taken by the resident to protect the area from observation by people passing by, or any combination of these factors.

(Source: P.A. 87-833.)

Section 15. The Wildlife Code is amended by changing Section 1.19 as follows:

(520 ILCS 5/1.19) (from Ch. 61, par. 1.19)

Sec. 1.19. All authorized employees of the Department are empowered, pursuant to law, to enter all lands and waters to enforce the provisions of this Code Act. Authorized employees with a reasonable suspicion that they will find evidence of a violation of this Code may are further empowered to examine all buildings, private or public clubs (except dwellings), fish markets, cold storage houses, locker plants, camps, vessels, cars (except sealed railroad cars or other sealed common carrier), conveyances, vehicles, watercraft or other means of transportation or shipping whatsoever, tents, game bags, game coats or other receptacles, and to open and examine any box, barrel, package, or other receptacle in the possession of a common carrier, which might contain they have reason to believe contains wild birds or any part thereof (their nests or eggs), or wild mammals or any part thereof, taken, destroyed, bought, sold or bartered, shipped, or held in possession contrary to any of the provisions of this Code Act, including administrative rules, or that the receptacle containing the same is falsely labeled.

All authorized employees of the Department shall be given free access to and shall not be hindered or interfered with in making such examination, and any license issued by the Department held by the person preventing such free access or interfering with or hindering such authorized employee shall be subject to confiscation by the Department; and no license or permit of any kind whatsoever shall be issued to such person for the period of one year thereafter.

Authorized law enforcement employees of the Department are empowered to conduct examination of equipment and devices in the field, pursuant to law, to ensure compliance with the provisions of this Code Act.

However, no employee of the Department shall search any home or its curtilage without a valid warrant, permission, or probable cause that the home or its curtilage contains evidence of a violation of this Code.

In determining what constitutes "curtilage", the Department shall consider, but is not limited to considering, the proximity of the area to the home, whether the area is included within an enclosure surrounding the home, the nature of the uses to which the area is put, the steps taken by the resident to protect the area from observation by people passing by, or any combination of these factors.

(Source: P.A. 85-152.)

Section 99. Effective date. This Act takes effect upon becoming law.