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1    AN ACT concerning wildlife.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 48-3 as follows:
6    (720 ILCS 5/48-3)
7    Sec. 48-3. Hunter or fisherman interference.
8    (a) Definitions. As used in this Section:
9        "Aquatic life" means all fish, reptiles, amphibians,
10    crayfish, and mussels the taking of which is authorized by
11    the Fish and Aquatic Life Code.
12        "Interfere with" means to take any action that
13    physically impedes, hinders, or obstructs the lawful
14    taking of wildlife or aquatic life.
15        "Taking" means the capture or killing of wildlife or
16    aquatic life and includes travel, camping, and other acts
17    preparatory to taking which occur on lands or waters upon
18    which the affected person has the right or privilege to
19    take such wildlife or aquatic life.
20        "Wildlife" means any wildlife the taking of which is
21    authorized by the Wildlife Code and includes those species
22    that are lawfully released by properly licensed permittees
23    of the Department of Natural Resources.



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1    (b) A person commits hunter or fisherman interference when
2he or she intentionally or knowingly:
3        (1) obstructs or interferes with the lawful taking of
4    wildlife or aquatic life by another person with the
5    specific intent to prevent that lawful taking;
6        (2) drives or disturbs wildlife or aquatic life for the
7    purpose of disrupting a lawful taking of wildlife or
8    aquatic life;
9        (3) blocks, impedes, or physically harasses another
10    person who is engaged in the process of lawfully taking
11    wildlife or aquatic life;
12        (4) uses natural or artificial visual, aural,
13    olfactory, gustatory, or physical stimuli to affect
14    wildlife or aquatic life behavior in order to hinder or
15    prevent the lawful taking of wildlife or aquatic life;
16        (5) erects barriers with the intent to deny ingress or
17    egress to or from areas where the lawful taking of wildlife
18    or aquatic life may occur;
19        (6) intentionally interjects himself or herself into
20    the line of fire or fishing lines of a person lawfully
21    taking wildlife or aquatic life;
22        (7) affects the physical condition or placement of
23    personal or public property intended for use in the lawful
24    taking of wildlife or aquatic life in order to impair the
25    usefulness of the property or prevent the use of the
26    property;



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1        (8) enters or remains upon or over private lands
2    without the permission of the owner or the owner's agent,
3    with the intent to violate this subsection; or
4        (9) fails to obey the order of a peace officer to
5    desist from conduct in violation of this subsection (b) if
6    the officer observes the conduct, or has reasonable grounds
7    to believe that the person has engaged in the conduct that
8    day or that the person plans or intends to engage in the
9    conduct that day on a specific premises; or .
10        (10) uses a drone in a way that interferes with another
11    person's lawful taking of wildlife or aquatic life. For the
12    purposes of this paragraph (10), "drone" means any aerial
13    vehicle that does not carry a human operator.
14    (c) Exemptions; defenses.
15        (1) This Section does not apply to actions performed by
16    authorized employees of the Department of Natural
17    Resources, duly accredited officers of the U.S. Fish and
18    Wildlife Service, sheriffs, deputy sheriffs, or other
19    peace officers if the actions are authorized by law and are
20    necessary for the performance of their official duties.
21        (2) This Section does not apply to landowners, tenants,
22    or lease holders exercising their legal rights to the
23    enjoyment of land, including, but not limited to, farming
24    and restricting trespass.
25        (3) It is an affirmative defense to a prosecution for a
26    violation of this Section that the defendant's conduct is



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1    protected by his or her right to freedom of speech under
2    the constitution of this State or the United States.
3        (4) Any interested parties may engage in protests or
4    other free speech activities adjacent to or on the
5    perimeter of the location where the lawful taking of
6    wildlife or aquatic life is taking place, provided that
7    none of the provisions of this Section are being violated.
8    (d) Sentence. A first violation of paragraphs (1) through
9(8) of subsection (b) is a Class B misdemeanor. A second or
10subsequent violation of paragraphs (1) through (8) of
11subsection (b) is a Class A misdemeanor for which imprisonment
12for not less than 7 days shall be imposed. A person guilty of a
13second or subsequent violation of paragraphs (1) through (8) of
14subsection (b) is not eligible for court supervision. A
15violation of paragraph (9) or (10) of subsection (b) is a Class
16A misdemeanor. A court shall revoke, for a period of one year
17to 5 years, any Illinois hunting, fishing, or trapping
18privilege, license or permit of any person convicted of
19violating any provision of this Section. For purposes of this
20subsection, a "second or subsequent violation" means a
21conviction under paragraphs (1) through (8) of subsection (b)
22of this Section within 2 years of a prior violation arising
23from a separate set of circumstances.
24    (e) Injunctions; damages.
25        (1) Any court may enjoin conduct which would be in
26    violation of paragraphs (1) through (8) or (10) of



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1    subsection (b) upon petition by a person affected or who
2    reasonably may be affected by the conduct, upon a showing
3    that the conduct is threatened or that it has occurred on a
4    particular premises in the past and that it is not
5    unreasonable to expect that under similar circumstances it
6    will be repeated.
7        (2) A court shall award all resulting costs and damages
8    to any person adversely affected by a violation of
9    paragraphs (1) through (8) or (10) of subsection (b), which
10    may include an award for punitive damages. In addition to
11    other items of special damage, the measure of damages may
12    include expenditures of the affected person for license and
13    permit fees, travel, guides, special equipment and
14    supplies, to the extent that these expenditures were
15    rendered futile by prevention of the taking of wildlife or
16    aquatic life.
17(Source: P.A. 97-1108, eff. 1-1-13.)
18    Section 99. Effective date. This Act takes effect upon
19becoming law.