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HB0297 Engrossed |
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LRB095 04287 CMK 24328 b |
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| AN ACT concerning wildlife.
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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 Wildlife Code is amended by changing |
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| Sections 2.30, 2.33, 2.36, 3.5, 3.25, 3.33, and 3.35 and by |
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| adding Sections 1.2y, 1.2z, and 3.26 as follows: |
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| (520 ILCS 5/1.2y new) |
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| Sec. 1.2y. "Hound running" means pursuing any fox, coyote, |
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| raccoon, or rabbit with a hound. |
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| (520 ILCS 5/1.2z new)
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| Sec. 1.2z. "Authorized species" means any fox, coyote, |
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| raccoon, or rabbit associated with a hound running area.
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| (520 ILCS 5/2.30) (from Ch. 61, par. 2.30)
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| Sec. 2.30. It shall be unlawful for any person to trap or |
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| to hunt
with gun, dog, dog and gun, or bow and arrow, gray fox, |
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| red fox,
raccoon, weasel, mink, muskrat, badger, and opossum |
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| except during
the open season which will be set annually by the |
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| Director between 12:01
a.m., November 1 to 12:00 midnight, |
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| February 15, both inclusive.
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| It is unlawful for any person to take bobcat or river otter
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| in this State at any time.
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HB0297 Engrossed |
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LRB095 04287 CMK 24328 b |
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| It is unlawful to pursue any fur-bearing mammal with a dog |
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| or dogs
between the hours of sunset and sunrise during the 10 |
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| day period
preceding the opening date of the raccoon hunting |
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| season and the 10 day
period following the closing date of the |
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| raccoon hunting season except
that the Department may issue |
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| field trial permits in accordance with Section
2.34 of this |
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| Act. A non-resident from a state with more restrictive
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| fur-bearer pursuit regulations for any particular species than |
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| provided for
that species in this Act may not pursue that |
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| species in Illinois except
during the period of time that |
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| Illinois residents are allowed to pursue
that species in the |
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| non-resident's state of residence. Hound running areas
Fenced |
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| fox hound
training enclosures approved by the Department shall |
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| be exempt from the
provisions of this Section.
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| It shall be unlawful to take beaver, weasel, mink or |
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| muskrat except during
the open season set annually by the |
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| Director, and then, only with traps.
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| It shall be unlawful for any person to trap beaver with |
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| traps except during
the open season which will be set annually |
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| by the Director between 12:01
a.m., November 1st and 12:00 |
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| midnight, March 31.
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| Coyote may be taken by trapping methods only during the |
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| period from
September 1 to March 1, both inclusive, and by |
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| hunting methods at any time.
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| Striped skunk may be taken by trapping methods only during |
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| the period
from September 1 to March 1, both inclusive, and by |
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HB0297 Engrossed |
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LRB095 04287 CMK 24328 b |
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| hunting methods at
any time.
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| For the purpose of taking fur-bearing mammals, the State |
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| may be
divided into management zones by administrative rule.
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| The provisions of this Section are subject to modification |
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| by
administrative rule.
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| (Source: P.A. 89-341, eff. 8-17-95.)
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| (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
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| Sec. 2.33. Prohibitions.
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| (a) It is unlawful to carry or possess any gun in any
State |
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| refuge unless otherwise permitted by administrative rule.
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| (b) It is unlawful to use or possess any snare or |
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| snare-like device,
deadfall, net, or pit trap to take any |
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| species, except that snares not
powered by springs or other |
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| mechanical devices may be used to trap
fur-bearing mammals, in |
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| water sets only, if at least one-half of the snare
noose is |
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| located underwater at all times.
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| (c) It is unlawful for any person at any time to take a |
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| wild mammal
protected by this Act from its den by means of any |
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| mechanical device,
spade, or digging device or to use smoke or |
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| other gases to dislodge or
remove such mammal except as |
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| provided in Section 2.37.
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| (d) It is unlawful to use a ferret or any other small |
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| mammal which is
used in the same or similar manner for which |
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| ferrets are used for the
purpose of frightening or driving any |
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| mammals from their dens or hiding places.
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HB0297 Engrossed |
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LRB095 04287 CMK 24328 b |
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| (e) (Blank).
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| (f) It is unlawful to use spears, gigs, hooks or any like |
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| device to
take any species protected by this Act.
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| (g) It is unlawful to use poisons, chemicals or explosives |
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| for the
purpose of taking any species protected by this Act.
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| (h) It is unlawful to hunt adjacent to or near any peat, |
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| grass,
brush or other inflammable substance when it is burning.
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| (i) It is unlawful to take, pursue or intentionally harass |
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| or disturb
in any manner any wild birds or mammals by use or |
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| aid of any vehicle or
conveyance, except as permitted by the |
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| Code of Federal Regulations for the
taking of waterfowl. It is |
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| also unlawful to use the lights of any vehicle
or conveyance or |
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| any light from or any light connected to the
vehicle or |
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| conveyance in any area where wildlife may be found except in
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| accordance with Section 2.37 of this Act; however, nothing in |
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| this
Section shall prohibit the normal use of headlamps for the |
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| purpose of driving
upon a roadway. Striped skunk, opossum, red |
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| fox, gray
fox, raccoon and coyote may be taken during the open |
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| season by use of a small
light which is worn on the body or |
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| hand-held by a person on foot and not in any
vehicle.
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| (j) It is unlawful to use any shotgun larger than 10 gauge |
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| while
taking or attempting to take any of the species protected |
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| by this Act.
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| (k) It is unlawful to use or possess in the field any |
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| shotgun shell loaded
with a shot size larger than lead BB or |
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| steel T (.20 diameter) when taking or
attempting to take any |
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HB0297 Engrossed |
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LRB095 04287 CMK 24328 b |
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| species of wild game mammals (excluding white-tailed
deer), |
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| wild game birds, migratory waterfowl or migratory game birds |
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| protected
by this Act, except white-tailed deer as provided for |
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| in Section 2.26 and other
species as provided for by subsection |
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| (l) or administrative rule.
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| (l) It is unlawful to take any species of wild game, except
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| white-tailed deer, with a shotgun loaded with slugs unless |
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| otherwise
provided for by administrative rule.
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| (m) It is unlawful to use any shotgun capable of holding |
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| more than 3
shells in the magazine or chamber combined, except |
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| on game breeding and
hunting preserve areas licensed under |
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| Section 3.27 and except as permitted by
the Code of Federal |
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| Regulations for the taking of waterfowl. If the shotgun
is |
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| capable of holding more than 3 shells, it shall, while being |
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| used on an
area other than a game breeding and shooting |
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| preserve area licensed
pursuant to Section 3.27, be fitted with |
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| a one piece plug that is
irremovable without dismantling the |
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| shotgun or otherwise altered to
render it incapable of holding |
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| more than 3 shells in the magazine and
chamber, combined.
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| (n) It is unlawful for any person, except persons who |
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| possess a permit to
hunt from a vehicle as provided in this |
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| Section and persons otherwise permitted
by law, to have or |
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| carry any gun in or on any vehicle, conveyance or aircraft,
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| unless such gun is unloaded and enclosed in a case, except that |
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| at field trials
authorized by Section 2.34 of this Act, |
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| unloaded guns or guns loaded with blank
cartridges only, may be |
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HB0297 Engrossed |
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LRB095 04287 CMK 24328 b |
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| carried on horseback while not contained in a case, or
to have |
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| or carry any bow or arrow device in or on any vehicle unless |
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| such bow
or arrow device is unstrung or enclosed in a case, or |
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| otherwise made
inoperable.
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| (o) It is unlawful to use any crossbow for the purpose of |
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| taking any
wild birds or mammals, except as provided for in |
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| Section 2.33.
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| (p) It is unlawful to take game birds, migratory game birds |
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| or
migratory waterfowl with a rifle, pistol, revolver or |
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| airgun.
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| (q) It is unlawful to fire a rifle, pistol, revolver or |
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| airgun on,
over or into any waters of this State, including |
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| frozen waters.
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| (r) It is unlawful to discharge any gun or bow and arrow |
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| device
along, upon, across, or from any public right-of-way or |
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| highway in this State.
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| (s) It is unlawful to use a silencer or other device to |
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| muffle or
mute the sound of the explosion or report resulting |
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| from the firing of
any gun.
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| (t) It is unlawful for any person to trap or hunt, or |
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| intentionally or wantonly allow a dog to
hunt, within or upon |
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| the land of another, or upon waters flowing over or
standing on |
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| the land of another, without first obtaining permission from
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| the owner or tenant. It shall be prima facie evidence that a |
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| person does
not have permission of the owner or tenant if the |
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| person is unable to
demonstrate to the law enforcement officer |
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HB0297 Engrossed |
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LRB095 04287 CMK 24328 b |
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| in the field that permission had
been obtained. This provision |
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| may only be rebutted by testimony of the
owner or tenant that |
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| permission had been given. Before enforcing this
Section the |
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| law enforcement officer must have received notice from the
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| owner or tenant of a violation of this Section. Statements made |
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| to the
law enforcement officer regarding this notice shall not |
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| be rendered
inadmissible by the hearsay rule when offered for |
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| the purpose of showing the
required notice.
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| (u) It is unlawful for any person to discharge any firearm |
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| for the purpose
of taking any of the species protected by this |
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| Act, or hunt with gun or
dog, or intentionally or wantonly |
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| allow a dog to hunt, within 300 yards of an inhabited dwelling |
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| without
first obtaining permission from the owner or tenant, |
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| except that while
trapping, hunting with bow and arrow, hunting |
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| with dog and shotgun using shot
shells only, or hunting with |
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| shotgun using shot shells only, or
on licensed game breeding |
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| and hunting preserve areas, as defined in Section
3.27, on |
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| property operated under a Migratory Waterfowl Hunting Area |
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| Permit, on
federally owned and managed lands and on Department |
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| owned, managed, leased or
controlled lands, a 100 yard |
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| restriction shall apply.
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| (v) It is unlawful for any person to remove fur-bearing |
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| mammals from, or
to move or disturb in any manner, the traps |
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| owned by another person without
written authorization of the |
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| owner to do so.
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| (w) It is unlawful for any owner of a dog to knowingly or |
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HB0297 Engrossed |
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LRB095 04287 CMK 24328 b |
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| wantonly allow
his or her dog to pursue, harass or kill deer, |
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| except that nothing in this Section shall prohibit the tracking |
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| of wounded deer with a dog in accordance with the provisions of |
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| Section 2.26 of this Code.
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| (x) It is unlawful for any person to wantonly or carelessly |
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| injure
or destroy, in any manner whatsoever, any real or |
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| personal property on
the land of another while engaged in |
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| hunting or trapping thereon.
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| (y) It is unlawful to hunt wild game protected by this Act |
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| between one
half hour after sunset and one half hour before |
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| sunrise, except that
hunting hours between one half hour after |
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| sunset and one half hour
before sunrise may be established by |
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| administrative rule for fur-bearing
mammals.
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| (z) It is unlawful to take any game bird (excluding wild |
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| turkeys and
crippled pheasants not capable of normal flight and |
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| otherwise irretrievable)
protected by this Act when not flying. |
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| Nothing in this Section shall prohibit
a person from carrying |
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| an uncased, unloaded shotgun in a boat, while in pursuit
of a |
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| crippled migratory waterfowl that is incapable of normal |
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| flight, for the
purpose of attempting to reduce the migratory |
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| waterfowl to possession, provided
that the attempt is made |
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| immediately upon downing the migratory waterfowl and
is done |
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| within 400 yards of the blind from which the migratory |
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| waterfowl was
downed. This exception shall apply only to |
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| migratory game birds that are not
capable of normal flight. |
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| Migratory waterfowl that are crippled may be taken
only with a |
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HB0297 Engrossed |
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LRB095 04287 CMK 24328 b |
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| shotgun as regulated by subsection (j) of this Section using
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| shotgun shells as regulated in subsection (k) of this Section.
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| (aa) It is unlawful to use or possess any device that may |
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| be used for
tree climbing or cutting, while hunting fur-bearing |
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| mammals.
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| (bb) It is unlawful for any person, except licensed game |
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| breeders,
pursuant to Section 2.29 to import, carry into, or |
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| possess alive in this
State any species of wildlife taken |
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| outside of this State, without
obtaining permission to do so |
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| from the Director.
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| (cc) It is unlawful for any person to have in his or her
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| possession any freshly killed species protected by this Act |
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| during the season
closed for taking.
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| (dd) It is unlawful to take any species protected by this |
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| Act and retain
it alive except as provided by administrative |
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| rule .
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| (ee) It is unlawful to possess any rifle while in the field |
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| during gun
deer season except as provided in Section 2.26 and |
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| administrative rules.
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| (ff) It is unlawful for any person to take any species |
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| protected by
this Act, except migratory waterfowl, during the |
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| gun deer hunting season in
those counties open to gun deer |
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| hunting, unless he or she wears, when in
the field, a cap and |
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| upper outer garment of a solid blaze orange color, with
such |
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| articles of clothing displaying a minimum of 400 square inches |
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| of
blaze orange material.
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HB0297 Engrossed |
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LRB095 04287 CMK 24328 b |
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| (gg) It is unlawful during the upland game season for any |
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| person to take
upland game with a firearm unless he or she |
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| wears, while in the field, a
cap of solid blaze orange color. |
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| For purposes of this Act, upland game is
defined as Bobwhite |
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| Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
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| Cottontail and Swamp Rabbit.
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| (hh) It shall be unlawful to kill or cripple any species |
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| protected by
this Act for which there is a daily bag limit |
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| without making a reasonable
effort to retrieve such species and |
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| include such in the daily bag limit.
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| (ii) This Section shall apply only to those species |
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| protected by this
Act taken within the State. Any species or |
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| any parts thereof, legally taken
in and transported from other |
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| states or countries, may be possessed
within the State, except |
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| as provided in this Section and Sections 2.35, 2.36
and 3.21.
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| (jj) Nothing contained in this Section shall prohibit the |
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| use of bow
and arrow, or prevent the Director from issuing |
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| permits to use a crossbow
to handicapped persons as provided by |
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| administrative rule. As used herein,
"handicapped persons" |
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| means those persons who have a permanent physical
impairment |
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| due to injury or disease, congenital or acquired, which renders
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| them so severely disabled as to be unable to use a conventional |
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| bow and arrow
device. Permits will be issued only after the |
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| receipt of a physician's
statement confirming the applicant is |
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| handicapped as defined above.
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| (kk) Nothing contained in this Section shall prohibit the |
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HB0297 Engrossed |
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LRB095 04287 CMK 24328 b |
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| Director
from issuing permits to paraplegics or to other |
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| disabled persons who meet the
requirements set forth in |
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| administrative rule to shoot or hunt from a vehicle
as provided |
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| by that rule, provided that such is otherwise in accord with |
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| this
Act.
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| (ll) Nothing contained in this Act shall prohibit the |
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| taking of aquatic
life protected by the Fish and Aquatic Life |
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| Code or birds and mammals
protected by this Act, except deer |
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| and fur-bearing mammals, from a boat not
camouflaged or |
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| disguised to alter its identity or to further provide a place
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| of concealment and not propelled by sail or mechanical power. |
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| However, only
shotguns not larger than 10 gauge nor smaller |
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| than .410 bore loaded with not
more than 3 shells of a shot |
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| size no larger than lead BB or steel T (.20
diameter) may be |
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| used to take species protected by this Act.
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| (mm) Nothing contained in this Act shall prohibit the use |
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| of a shotgun,
not larger than 10 gauge nor smaller than a 20 |
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| gauge, with a rifled barrel.
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| (Source: P.A. 93-807, eff. 7-24-04; 94-764, eff. 1-1-07.)
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| (520 ILCS 5/2.36) (from Ch. 61, par. 2.36)
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| Sec. 2.36. It shall be unlawful to buy, sell or barter, or |
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| offer to buy,
sell or
barter, and for a commercial institution, |
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| other than a regularly
operated refrigerated storage |
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| establishment, to have in its possession
any of the wild birds, |
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| or any part thereof (and their eggs), or wild
mammals or any |
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HB0297 Engrossed |
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LRB095 04287 CMK 24328 b |
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| parts thereof, protected by this Act unless
done as hereinafter |
2 |
| provided:
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| Game birds or any parts thereof (and their eggs), may be |
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| held,
possessed, raised and sold, or otherwise dealt with, as |
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| provided in
Section 3.23 of this Act or when legally produced |
6 |
| under similar special
permit in another state or country and |
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| legally transported into the
State of Illinois; provided that |
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| such imported game birds or any parts
thereof, shall be marked |
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| with permanent irremovable tags, or similar
devices, to |
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| establish and retain their origin and identity;
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| Rabbits may be legally taken and possessed as provided in |
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| Sections
3.23 ,
and 3.24 , and 3.26 of this Act;
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| Deer, or any parts thereof, may be held, possessed, sold or |
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| otherwise
dealt with as provided in this Section and Sections |
15 |
| 3.23 and 3.24 of this Act;
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| Fur-bearing mammals, or any parts thereof, may be held, |
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| possessed,
sold or otherwise dealt with as provided in Sections |
18 |
| 3.16 ,
and 3.24 , and 3.26 of
this Act or when legally taken and |
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| possessed in Illinois or
legally taken and possessed in and |
20 |
| transported from other
states or countries;
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| The inedible parts of game mammals may be held, possessed, |
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| sold or
otherwise dealt with when legally taken, in Illinois or |
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| legally taken and
possessed in and transported
from other |
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| states or countries.
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| Failure to establish proof of the legality of possession in |
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| another
state or country and importation into the State of |
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HB0297 Engrossed |
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LRB095 04287 CMK 24328 b |
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| Illinois, shall be
prima facie evidence that such game birds or |
2 |
| any parts thereof, and
their eggs, game mammals and fur-bearing |
3 |
| mammals, or any parts thereof,
were taken within the State of |
4 |
| Illinois.
|
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| (Source: P.A. 82-434.)
|
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| (520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
|
7 |
| Sec. 3.5. Penalties; probation.
|
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| (a) Any person who violates any of the provisions of |
9 |
| Section
2.36a,
including administrative rules, shall be guilty |
10 |
| of a Class 3 felony, except
as otherwise provided in subsection |
11 |
| (b) of this Section and subsection (a) of
Section 2.36a.
|
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| (b) Whenever any person who has not previously been |
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| convicted of, or
placed
on probation or court supervision for, |
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| any offense under Section 1.22,
2.36, or 2.36a or subsection |
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| (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 |
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| probation for a
violation of Section 2.36a.
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| (1) When a person is placed on probation, the court |
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| shall enter an order
specifying a period of probation of 24 |
20 |
| months and shall defer further
proceedings in
the case |
21 |
| until the conclusion of the period or until the filing of a |
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| petition
alleging violation of a term or condition of |
23 |
| probation.
|
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| (2) The conditions of probation shall be that the |
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| person:
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HB0297 Engrossed |
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LRB095 04287 CMK 24328 b |
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| (A) Not violate
any criminal statute of any |
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| jurisdiction.
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| (B) Perform no less than 30 hours of community |
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| service, provided
community
service is available in |
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| 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 |
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| appear in person before
or participate with the
court |
10 |
| or courts, person, or social service agency as directed |
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| 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 |
14 |
| possessing a firearm or other
dangerous weapon.
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| (D) Prohibit the person from associating with any |
16 |
| person who is actively
engaged in any of the activities |
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| regulated by the permits issued or privileges
granted |
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| by the Department of Natural Resources.
|
19 |
| (4) Upon violation of a term or condition of probation, |
20 |
| the
court
may enter a judgment on its original finding of |
21 |
| guilt and proceed as otherwise
provided.
|
22 |
| (5) Upon fulfillment of the terms and
conditions of |
23 |
| probation, the court shall discharge the person and dismiss
|
24 |
| the proceedings against the person.
|
25 |
| (6) A disposition of probation is considered to be a |
26 |
| conviction
for the purposes of imposing the conditions of |
|
|
|
HB0297 Engrossed |
- 15 - |
LRB095 04287 CMK 24328 b |
|
|
1 |
| probation, for appeal, and for
administrative revocation |
2 |
| and suspension of licenses and privileges;
however, |
3 |
| discharge and dismissal under this Section is not a |
4 |
| conviction for
purposes of disqualification or |
5 |
| disabilities imposed by law upon conviction of
a crime.
|
6 |
| (7) Discharge and dismissal under this Section
may |
7 |
| occur only once
with respect to any person.
|
8 |
| (8) If a person is convicted of an offense under this
|
9 |
| Act within 5 years
subsequent to a discharge and dismissal |
10 |
| under this Section, the discharge and
dismissal under this |
11 |
| Section shall be admissible in the sentencing proceeding
|
12 |
| for that conviction
as a factor in aggravation.
|
13 |
| (9) The Circuit Clerk shall notify the Department of |
14 |
| State Police of all
persons convicted of or placed under |
15 |
| probation for violations of Section
2.36a.
|
16 |
| (c) Any person who violates any of the provisions of |
17 |
| Sections 2.9, 2.11,
2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, |
18 |
| 2.31, 2.32, 2.33 (except
subsections (g), (i), (o), (p), (y), |
19 |
| and (cc)), 2.33-1, 2.33a, 3.3,
3.4, 3.11 - 3.16, 3.19 - 3.21 |
20 |
| (except subsections (b), (c), (d), (e), (f), (f.5), (g), (h), |
21 |
| and (i)), and 3.24, 3.25, and 3.26 (except subsection (f))
3.24 - |
22 |
| 3.26 , including administrative
rules, shall be guilty of a |
23 |
| Class B misdemeanor.
|
24 |
| Any person who violates any of the
provisions of Sections |
25 |
| 1.22,
2.4, 2.36 and 2.38, including administrative rules, shall |
26 |
| be guilty of a
Class A misdemeanor. Any second or subsequent |
|
|
|
HB0297 Engrossed |
- 16 - |
LRB095 04287 CMK 24328 b |
|
|
1 |
| violations of Sections
2.4 and 2.36 shall be a Class 4 felony.
|
2 |
| Any person who violates any of the provisions of this Act, |
3 |
| including
administrative rules, during such period when his |
4 |
| license, privileges, or
permit is revoked or denied by virtue |
5 |
| of Section 3.36, shall be guilty of a
Class A misdemeanor.
|
6 |
| Any person who violates subsection (g), (i), (o), (p), (y), |
7 |
| or (cc)
of Section 2.33 shall be guilty of a Class A |
8 |
| misdemeanor and subject to a
fine of no less than $500 and no |
9 |
| more than $5,000 in addition to other
statutory penalties.
|
10 |
| Any person who violates any other of
the provisions of this |
11 |
| Act
including administrative rules, unless otherwise stated, |
12 |
| shall be
guilty of a petty offense. Offenses committed by |
13 |
| minors under the
direct control or with the consent of a parent |
14 |
| or guardian may subject
the parent or guardian to the penalties |
15 |
| prescribed in this Section.
|
16 |
| In addition to any fines imposed pursuant to the provisions |
17 |
| of this
Section or as otherwise provided in this Act, any |
18 |
| person found guilty of
unlawfully taking or possessing any |
19 |
| species protected by this Act, shall be
assessed a civil |
20 |
| penalty for such species in accordance with the values
|
21 |
| prescribed in Section 2.36a of this Act. This civil penalty |
22 |
| shall be
imposed by the Circuit Court for the county within |
23 |
| which the offense was
committed at the time of the conviction. |
24 |
| All penalties provided for in
this Section shall be remitted to |
25 |
| the Department in accordance with the
same provisions provided |
26 |
| for in Section 1.18 of this Act.
|
|
|
|
HB0297 Engrossed |
- 17 - |
LRB095 04287 CMK 24328 b |
|
|
1 |
| (Source: P.A. 94-222, eff. 7-14-05.)
|
2 |
| (520 ILCS 5/3.25) (from Ch. 61, par. 3.25)
|
3 |
| Sec. 3.25. Any individual who, within the State of
|
4 |
| Illinois, holds, possesses
or engages in the breeding or |
5 |
| raising of live fur-bearing mammals, protected
by this Act, |
6 |
| except as provided in Sections 1.6 or 1.7, shall be a |
7 |
| fur-bearing
mammal breeder in the meaning of this Act. Before |
8 |
| any individual shall hold,
possess or engage in the breeding or |
9 |
| raising of live fur-bearing mammals,
he shall first procure a |
10 |
| fur-bearing mammal breeder permit. Fur-bearing
mammal breeder |
11 |
| permits shall be issued by the Department. The annual fee
for |
12 |
| each fur-bearing mammal breeder permit shall be $25. All |
13 |
| fur-bearing
mammal breeder permits shall expire on March 31 of |
14 |
| each year.
|
15 |
| Holders of fur-bearing mammal breeder permits may hold, |
16 |
| possess, engage
in the breeding or raising, sell, or otherwise |
17 |
| dispose of live fur-bearing
mammals or their green hides, |
18 |
| possessed thereunder, at any time of the year.
|
19 |
| Fur-bearing mammal breeders shall keep a record for 2 years |
20 |
| from the
date of the acquisition,
sale or other disposition
of |
21 |
| each live fur-bearing mammal or its green hide so raised or |
22 |
| propagated,
showing the date of such transaction, the name and |
23 |
| address of the
individual
receiving or buying such live |
24 |
| fur-bearing mammal or its green hide, and
when requested to do |
25 |
| so, shall furnish such individual with
a certificate of
|
|
|
|
HB0297 Engrossed |
- 18 - |
LRB095 04287 CMK 24328 b |
|
|
1 |
| purchase showing the number and kinds of live fur-bearing |
2 |
| mammals or green
hides so disposed of, the date of the |
3 |
| transaction, the name and permit number
of the breeder, and the |
4 |
| name of the individual receiving,
collecting, or buying
such |
5 |
| live fur-bearing mammals or green hides, and such other |
6 |
| information
as the Department may require. Such records and |
7 |
| certificates of purchase
shall be immediately presented to |
8 |
| officers or authorized employees of the
Department, any |
9 |
| sheriff, deputy sheriff, or other peace officer when request
is |
10 |
| made for same. Failure to produce such records or certificates |
11 |
| of purchase
shall be prima facie evidence that such live |
12 |
| fur-bearing mammals or green
hides are contraband with the |
13 |
| State of Illinois. The holder of a fur-bearing
mammal breeder |
14 |
| permit may exhibit fur-bearing mammals commercially.
|
15 |
| Nothing in this Section shall be construed to give any such |
16 |
| permittee
authority to take fur-bearing mammals in their wild |
17 |
| state contrary to
other provisions of this Act, or to remove |
18 |
| such permittee from
responsibility for the observance of any |
19 |
| Federal Laws, rules or
regulations which may apply to such |
20 |
| fur-bearing mammals.
|
21 |
| Holders of fur-bearing mammal breeder permits may import |
22 |
| fur-bearing mammals
into the State of Illinois but may release |
23 |
| the same only after health and
disease prevention requirements |
24 |
| set forth by the Director and other State
agencies have been |
25 |
| met and permission of the Director has been granted.
|
26 |
| The breeding, raising and producing in captivity, and the |
|
|
|
HB0297 Engrossed |
- 19 - |
LRB095 04287 CMK 24328 b |
|
|
1 |
| marketing, by
the producer, of mink (Mustela vison), red fox |
2 |
| (Vulpes vulpes) or arctic fox
(Alopex lagopus), as live |
3 |
| animals, or as animal pelts or carcasses shall be
deemed an |
4 |
| agricultural pursuit, and all such animals so raised in |
5 |
| captivity
shall be deemed domestic animals, subject to all
the |
6 |
| laws of the State with reference to possession and ownership as |
7 |
| are
applicable at any time to domestic
animals. All individuals |
8 |
| engaged in the foregoing
activities are fur farmers and engaged |
9 |
| in farming for all statutory
purposes. Such individuals are |
10 |
| exempt from the fur-bearing mammal breeder
permit requirements |
11 |
| set forth in this Section if: (1) they are defined as
farmers |
12 |
| for Federal income tax purposes, and (2) at least 20 percent of
|
13 |
| their gross farm income as reported on Federal tax form |
14 |
| Schedule F (Form
1040) for the previous year is generated from |
15 |
| the sale of mink, red fox or
arctic fox as live animals, animal |
16 |
| pelts or carcasses.
|
17 |
| No fur-bearing mammal breeder permits will be issued to |
18 |
| hold,
possess, or engage in the breeding and raising of striped |
19 |
| skunks acquired after
July 1, 1975, or coyotes acquired after |
20 |
| July 1, 1978 , except for coyotes that are held or possessed by |
21 |
| a person who holds a hound running area permit under Section |
22 |
| 3.26 of this Act .
|
23 |
| (Source: P.A. 86-920.)
|
24 |
| (520 ILCS 5/3.26 new) |
25 |
| Sec. 3.26. Hound running area permits; requirements. |
|
|
|
HB0297 Engrossed |
- 20 - |
LRB095 04287 CMK 24328 b |
|
|
1 |
| (a) Any person owning, holding, or controlling by lease, |
2 |
| for a term of at least 5 years, any contiguous tract of land |
3 |
| having an area prescribed by administrative rule who desires to |
4 |
| establish a hound running area to pursue authorized species |
5 |
| with hounds in a way that is not designed to capture or kill |
6 |
| the authorized species, shall apply to the Department for a |
7 |
| hound running area permit under this Section. The application |
8 |
| shall be made under oath of the applicant or under oath of one |
9 |
| of the applicant's principal officers if the applicant is an |
10 |
| association, club, or corporation. The annual fee for each |
11 |
| hound running area permit is $250. All hound running area |
12 |
| permits expire on March 31 of each year. |
13 |
| Every applicant under this Section must also hold a |
14 |
| fur-bearing mammal breeder permit or a Class B commercial game |
15 |
| breeder permit, as appropriate. |
16 |
| Upon receipt of an application, the Department is |
17 |
| authorized to inspect the area proposed to be a hound running |
18 |
| area as described in the application, the general premises, the |
19 |
| facilities where the authorized species are to be maintained or |
20 |
| propagated, and the habitat for the authorized species. As part |
21 |
| of the application and inspection process, the Department shall |
22 |
| assess the ability of the applicant to operate a property as a |
23 |
| hound running area. If the Department finds that (i) the area |
24 |
| meets the requirements of all applicable laws and rules, (ii) |
25 |
| the authorized species are healthy and disease free, and (iii) |
26 |
| the issuing of the permit will otherwise be in the public |
|
|
|
HB0297 Engrossed |
- 21 - |
LRB095 04287 CMK 24328 b |
|
|
1 |
| interest, then the Department shall approve the application and |
2 |
| issue the permit for the operation of the property described in |
3 |
| the application. |
4 |
| (b) Hound running areas shall be operated in a manner |
5 |
| consistent with the following: |
6 |
| (1) Authorized species may be pursued with dogs in a |
7 |
| hound running area, but not in a manner or with the intent |
8 |
| to capture or kill. The Department shall promulgate rules |
9 |
| that establish appropriate and prohibited activities for |
10 |
| hound running areas. |
11 |
| (2) Every hound running area shall have dog-proof |
12 |
| escape areas. "Dog-proof escape area" means a culvert, |
13 |
| brush pile, fenced refuge, or other structure suitable for |
14 |
| use by authorized species to safely escape from dogs |
15 |
| present on the hound running area. The number, type, and |
16 |
| spacing of dog-proof escape areas shall be prescribed by |
17 |
| administrative rule. |
18 |
| (3) Every permit holder shall promptly post on the |
19 |
| hound running area, at intervals of not more than 500 feet, |
20 |
| signs prescribed by the Department by administrative rule. |
21 |
| The boundaries of the hound running area shall also be |
22 |
| clearly defined by fencing and signs under administrative |
23 |
| rules promulgated by the Department. The area, signs, |
24 |
| fencing, dog-proof escape areas, and facilities to |
25 |
| maintain the authorized species are subject to inspection |
26 |
| by the Department at any reasonable time. |
|
|
|
HB0297 Engrossed |
- 22 - |
LRB095 04287 CMK 24328 b |
|
|
1 |
| (4) A permit holder may maintain authorized species in |
2 |
| temporary confinement facilities on the hound running area |
3 |
| or at another location inspected by the Department and |
4 |
| specified on the permit. Authorized species held by a |
5 |
| permit holder may only be released into a hound running |
6 |
| area, except that authorized species held by a permit |
7 |
| holder may be released into the wild, exported, or given to |
8 |
| a person that does not hold a hound running area permit or |
9 |
| a fur-bearing mammal breeder permit or a Class B Commercial |
10 |
| game breeders permit as appropriate, after written |
11 |
| authorization is obtained from the Director. Prior to being |
12 |
| released into a hound running area, all newly acquired |
13 |
| authorized species shall be provided at least 7 days to |
14 |
| acclimate to the hound running area in which the animal |
15 |
| will be pursued. Authorized species held under a permit are |
16 |
| subject to inspection by an agent of the Department and |
17 |
| this inspection may include removal of reasonable samples |
18 |
| for examination. |
19 |
| (5) Any person who releases or handles dogs on a hound |
20 |
| running area is subject to the hunting license and habitat |
21 |
| stamp requirements of this Act. |
22 |
| (6) The permit holder shall keep accurate permanent |
23 |
| records on forms prescribed by the Department. The |
24 |
| permanent records shall include, for each supplier of |
25 |
| authorized species: (i) the supplier's full name, address, |
26 |
| and telephone numbers; (ii) the number, sex, and identifier |
|
|
|
HB0297 Engrossed |
- 23 - |
LRB095 04287 CMK 24328 b |
|
|
1 |
| designation of each animal purchased, donated, sold, |
2 |
| traded, or given to the permit holder by that supplier; and |
3 |
| (iii) the date of the event or transaction. The permanent |
4 |
| records shall also include the identification of all |
5 |
| authorized species, while under the control of the permit |
6 |
| holder on the area or elsewhere, by identifier designation |
7 |
| and sex, along with information for each animal of the |
8 |
| authorized species that gave birth, was born, died, or was |
9 |
| disposed of in some other manner or that was sold, traded, |
10 |
| donated, or conveyed in some other manner, and the dates on |
11 |
| which those events occurred. |
12 |
| (7) Every permit holder shall attach an individually |
13 |
| marked identifier provided by the Department to each animal |
14 |
| of the authorized species maintained by the permit holder. |
15 |
| The permit holder shall pay a fee for each identifier as |
16 |
| established by the Department by administrative rule. The |
17 |
| permit holder shall record the identifier for each animal |
18 |
| maintained on the area or elsewhere or released into the |
19 |
| area. |
20 |
| (8) Any person using the hound running area shall at |
21 |
| all times respect the property rights of the property |
22 |
| owners and the owners of adjacent properties, and shall not |
23 |
| injure or destroy any livestock or property of any of those |
24 |
| property owners. Springs and streams shall not be |
25 |
| contaminated or polluted in any manner by persons using the |
26 |
| hound running area. The natural use of springs and streams |
|
|
|
HB0297 Engrossed |
- 24 - |
LRB095 04287 CMK 24328 b |
|
|
1 |
| by dogs using the area shall not constitute contamination |
2 |
| or pollution. Unless the express permission of the property |
3 |
| owner has been given, no person using a hound running area |
4 |
| may (i) mutilate or cut trees or shrubs on the hound |
5 |
| running area or (ii) pick berries, fruits, or nuts present |
6 |
| on the hound running area. |
7 |
| (c) Except as otherwise provided by administrative rule, it |
8 |
| is unlawful for any person to enter a hound running area at any |
9 |
| time with a firearm, bow and arrow, or trap. |
10 |
| (d) A hound running area permit is not transferable from |
11 |
| one person to another. When a permit holder sells or leases the |
12 |
| property that comprises or includes a hound running area and |
13 |
| the purchaser or lessee intends to continue to use the hound |
14 |
| running area under this Section, the purchaser or lessee must |
15 |
| apply for a permit as provided in subsection (a) of this |
16 |
| Section. |
17 |
| (e) All authorized species must be legally acquired. |
18 |
| (f) A person breeding or otherwise maintaining authorized |
19 |
| species in conjunction with a hound running area must have the |
20 |
| authorized species annually inspected and certified by a |
21 |
| licensed Illinois veterinarian to be disease free. Anyone |
22 |
| violating this subsection (f) is guilty of a business offense |
23 |
| and shall be fined an amount not exceeding $5,000. |
24 |
| (g) The provisions of this Section are subject to |
25 |
| modification by administrative rule.
|
|
|
|
HB0297 Engrossed |
- 25 - |
LRB095 04287 CMK 24328 b |
|
|
1 |
| (520 ILCS 5/3.33) (from Ch. 61, par. 3.33)
|
2 |
| Sec. 3.33. The Department may either refuse to issue or |
3 |
| refuse to renew or may
suspend or may revoke any game breeding |
4 |
| and hunting preserve area license
or hound running area permit |
5 |
| if the Department finds that such licensed area or the operator |
6 |
| thereof is
not complying or does not comply with the provisions |
7 |
| of Section 3.35 of
this Act, or that such property, or area is |
8 |
| operated in violation of other
provisions of this Act, or in an |
9 |
| unlawful or illegal manner; however, the
Department shall not |
10 |
| refuse to issue, refuse to renew nor suspend or revoke
any |
11 |
| license for any of these causes, unless the licensee affected |
12 |
| has been
given at least 15 days notice, in writing, of the |
13 |
| reasons for the action of
the Department and an opportunity to |
14 |
| appear before the Department or a
representative thereof in |
15 |
| opposition to the action of the Department. Upon
the hearing of |
16 |
| any such proceeding, the person designated by the Department
to |
17 |
| conduct the hearing may administer oaths and the Department may |
18 |
| procure,
by its subpoena, the attendance of witnesses and the |
19 |
| production of relevant
books and papers. The Circuit Court upon |
20 |
| application either of the licensee
affected, or of the |
21 |
| Department, may, on order duly entered, require the
attendance |
22 |
| of witnesses and the production of relevant books and papers
|
23 |
| before the Department or its representative in any such |
24 |
| hearing. Upon
refusal or neglect to obey its order, the Court |
25 |
| may compel obedience by
proceedings for contempt of court.
|
26 |
| (Source: P.A. 84-150.)
|
|
|
|
HB0297 Engrossed |
- 26 - |
LRB095 04287 CMK 24328 b |
|
|
1 |
| (520 ILCS 5/3.35) (from Ch. 61, par. 3.35)
|
2 |
| Sec. 3.35. Any licensee, or any other person, who willfully |
3 |
| and intentionally
transfers or permits the transfer of the tags |
4 |
| issued to the operator of one
licensed game breeding and |
5 |
| hunting preserve area to the operator of
another licensed game |
6 |
| breeding and hunting preserve area, or to any other
person, or |
7 |
| who affixes such tags to game birds not taken from a licensed
|
8 |
| game breeding and hunting preserve area or to game birds taken |
9 |
| from any
area other than the area for which such tags were |
10 |
| issued, is guilty of a
Class B misdemeanor.
|
11 |
| Any hound running area permit holder, or any other person, |
12 |
| who intentionally transfers an identifier issued to the permit |
13 |
| holder for a hound running area to another permit holder for a |
14 |
| hound running area, or to any other person, or who affixes such |
15 |
| an identifier to any of the authorized species under Section |
16 |
| 3.26 that was not maintained at a hound running area, is guilty |
17 |
| of a Class B misdemeanor.
|
18 |
| (Source: P.A. 84-150.)
|
19 |
| Section 10. The Illinois Dangerous Animals Act is amended |
20 |
| by changing Section 1 as follows:
|
21 |
| (720 ILCS 585/1) (from Ch. 8, par. 241)
|
22 |
| Sec. 1. No person shall have a right of property in, keep, |
23 |
| harbor,
care for, act as custodian
of or maintain in
his |