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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, | ||||||
3 | represented in the General Assembly:
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4 | Section 2. The Fish and Aquatic Life Code is amended by | ||||||
5 | changing Section 20-105 as follows:
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6 | (515 ILCS 5/20-105) (from Ch. 56, par. 20-105)
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7 | Sec. 20-105. Revocation and suspension; refusal to issue.
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8 | (a) Whenever a license or permit is issued to any person | ||||||
9 | under this Code
and its holder is found guilty of any | ||||||
10 | misrepresentation in obtaining the
license or permit or of a | ||||||
11 | violation of Section 48-3 of the Criminal Code of 2012 or a | ||||||
12 | violation of any of the provisions of this Code,
including | ||||||
13 | administrative rules, the license or permit may be revoked by | ||||||
14 | the
Department and the Department may refuse to issue any | ||||||
15 | permit or license to
that person and may suspend the person | ||||||
16 | from engaging in the activity
requiring the permit or license | ||||||
17 | for a period of time not to exceed 5 years
following the | ||||||
18 | revocation. Department revocation procedure shall be
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19 | established by administrative rule.
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20 | (b) Whenever any person who has not been issued a license | ||||||
21 | or a permit
under the provisions of this Code is found guilty | ||||||
22 | of a violation of Section 48-3 of the Criminal Code of 2012 or | ||||||
23 | a violation of the
provisions of this Code, including |
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1 | administrative rules, the Department may
refuse to issue any | ||||||
2 | permit or license to that person, and suspend that
person from | ||||||
3 | engaging in the activity requiring the permit or license for a
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4 | period of time not to exceed 5 years.
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5 | (c) Any person who knowingly or intentionally violates any
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6 | of the provisions of this Code, including administrative rules, | ||||||
7 | during the
5 years following the revocation of his or her | ||||||
8 | license or permit under
subsection (a) or during the time he is | ||||||
9 | suspended under subsection
(b), shall be guilty of a Class A | ||||||
10 | misdemeanor as provided in Section 20-35. The penalties for a | ||||||
11 | violation of Section 48-3 of the Criminal Code of 2012 shall be | ||||||
12 | as provided in that Section.
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13 | (d) A person whose license or permit to engage in any | ||||||
14 | activity regulated
by this
Code has been suspended or revoked | ||||||
15 | may not, during the period of the suspension
or
revocation or | ||||||
16 | until obtaining such a license or permit, (i) be in the company
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17 | of any person
engaging in the activity covered by the | ||||||
18 | suspension or revocation or (ii) serve
as a guide,
outfitter, | ||||||
19 | or facilitator for a person who is engaged or prepared to | ||||||
20 | engage in
the activity
covered by the suspension or revocation.
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21 | (e) No person may be issued or obtain a license or permit | ||||||
22 | or engage in any
activity regulated by this Code during the | ||||||
23 | time that the person's privilege to
engage in the
same or | ||||||
24 | similar activities is suspended or revoked by another state, by | ||||||
25 | a
federal agency,
or by a province of Canada.
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26 | (Source: P.A. 91-545, eff. 8-14-99.)
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1 | Section 3. The Wildlife Code is amended by changing Section | ||||||
2 | 3.36 as follows:
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3 | (520 ILCS 5/3.36) (from Ch. 61, par. 3.36)
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4 | Sec. 3.36. Revocation and suspension.
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5 | (a) Whenever a license or permit is issued to any person
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6 | under this Act, and the holder thereof is found guilty of any
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7 | misrepresentation in obtaining such license or permit or of a | ||||||
8 | violation of Section 48-3 of the Criminal Code of 2012 or a | ||||||
9 | violation of
any of the provisions of this Act, including | ||||||
10 | administrative rules, his
license or permit may be revoked by | ||||||
11 | the Department, and the Department may
refuse to issue any | ||||||
12 | permit or license to such person and may suspend the
person | ||||||
13 | from engaging in the activity requiring the permit or license | ||||||
14 | for a
period of time not to exceed 5 years following such | ||||||
15 | revocation.
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16 | Department revocation procedures shall be established by | ||||||
17 | Administrative
rule.
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18 | (b) Whenever any person who has not been issued a license | ||||||
19 | or a permit
under the provisions of this Code is found guilty | ||||||
20 | of a violation of Section 48-3 of the Criminal Code of 2012 or | ||||||
21 | a violation of the
provisions of this Code, including | ||||||
22 | administrative rules, the Department may
refuse to issue any | ||||||
23 | permit or license to that person, and suspend that
person from | ||||||
24 | engaging in the activity requiring the permit or license for a
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1 | period of time not to exceed 5 years.
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2 | (c) Any person who knowingly or intentionally violates any | ||||||
3 | of the
provisions of this Act, including administrative rules, | ||||||
4 | during such period
when his license or permit is revoked or | ||||||
5 | denied by virtue of this Section
or during the time he is | ||||||
6 | suspended under subsection (b), shall be guilty of
a Class A | ||||||
7 | misdemeanor. The penalties for a violation of Section 48-3 of | ||||||
8 | the Criminal Code of 2012 shall be as provided in that Section.
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9 | (d) Licenses and permits authorized to be issued under the | ||||||
10 | provisions of
this Act shall be prepared by the Department and | ||||||
11 | be in such form as
prescribed by the Department. The | ||||||
12 | information required on each license
shall be completed thereon | ||||||
13 | by the issuing agent or his sub-agent at the
time of issuance | ||||||
14 | and each license shall be signed by the licensee, or
initialed | ||||||
15 | by the designated purchaser and then signed immediately upon | ||||||
16 | receipt
by the licensee, and
countersigned by the issuing agent | ||||||
17 | or his sub-agent at the time of
issuance. All such licenses | ||||||
18 | shall be supplied by the Department, subject to
such rules and | ||||||
19 | regulations as the Department may prescribe. Any license not
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20 | properly prepared, obtained and signed as required by this Act | ||||||
21 | shall be
void.
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22 | (e) A person whose license or permit to engage in any | ||||||
23 | activity regulated
by
this
Code has been suspended or revoked | ||||||
24 | may not, during the period of the suspension
or
revocation or | ||||||
25 | until obtaining such a license or permit, (i) be in the company
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26 | of any person
engaging in the activity covered by the |
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1 | suspension or revocation or (ii) serve
as a guide,
outfitter, | ||||||
2 | or facilitator for a person who is engaged or prepared to | ||||||
3 | engage in
the activity
covered by the suspension or revocation.
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4 | (f) No person may be issued or obtain a license or permit | ||||||
5 | or engage in any
activity
regulated by this Code during the | ||||||
6 | time that the person's privilege to engage in
the same
or | ||||||
7 | similar activities is suspended or revoked by another state, by | ||||||
8 | a federal
agency, or by a
province of Canada.
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9 | (Source: P.A. 90-225, eff. 7-25-97; 91-545, eff. 8-14-99.)
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10 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||
11 | Section 48-3 as follows: | ||||||
12 | (720 ILCS 5/48-3) | ||||||
13 | Sec. 48-3. Hunter or fisherman interference. | ||||||
14 | (a) Definitions. As used in this Section: | ||||||
15 | "Aquatic life" means all fish, reptiles, amphibians, | ||||||
16 | crayfish, and mussels the taking of which is
authorized
by | ||||||
17 | the Fish and Aquatic Life Code. | ||||||
18 | "Interfere with" means to take any action that | ||||||
19 | physically impedes, hinders,
or obstructs the lawful | ||||||
20 | taking of wildlife or aquatic life. | ||||||
21 | "Taking" means the capture or killing of wildlife or | ||||||
22 | aquatic life and
includes
travel, camping, and other acts | ||||||
23 | preparatory to taking which occur on lands
or waters upon | ||||||
24 | which the affected person has the right or privilege to |
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1 | take
such wildlife or aquatic life. | ||||||
2 | "Wildlife" means any wildlife the taking of which is
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3 | authorized
by the Wildlife Code and includes those species | ||||||
4 | that are lawfully
released by properly licensed permittees | ||||||
5 | of the Department of Natural
Resources. | ||||||
6 | (b) A person commits hunter or fisherman interference when | ||||||
7 | he or she intentionally or knowingly: | ||||||
8 | (1) obstructs or interferes with the lawful taking of
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9 | wildlife or aquatic life by another person with the | ||||||
10 | specific
intent to prevent that lawful taking; | ||||||
11 | (2) drives or disturbs wildlife or aquatic life for the | ||||||
12 | purpose of disrupting a lawful
taking of wildlife or | ||||||
13 | aquatic life; | ||||||
14 | (3) blocks, impedes, or physically harasses another | ||||||
15 | person who is engaged
in the process of lawfully taking | ||||||
16 | wildlife or aquatic life; | ||||||
17 | (4) uses natural or artificial visual, aural, | ||||||
18 | olfactory, gustatory, or
physical stimuli to affect | ||||||
19 | wildlife or aquatic life behavior in order to hinder or | ||||||
20 | prevent the
lawful taking of wildlife or aquatic life; | ||||||
21 | (5) erects barriers with the intent to deny ingress or | ||||||
22 | egress to or from
areas where the lawful taking of wildlife | ||||||
23 | or aquatic life may occur; | ||||||
24 | (6) intentionally interjects himself or herself into | ||||||
25 | the line of fire or fishing lines of a
person lawfully | ||||||
26 | taking wildlife or aquatic life; |
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1 | (7) affects the physical condition or placement of | ||||||
2 | personal or public
property intended for use in the lawful | ||||||
3 | taking of wildlife or aquatic life in order to
impair the | ||||||
4 | usefulness of the property or prevent the use of the | ||||||
5 | property; | ||||||
6 | (8) enters or remains upon or over private lands | ||||||
7 | without the permission of
the
owner or the owner's agent, | ||||||
8 | with the intent to violate this subsection; or | ||||||
9 | (9) fails to obey the order of a peace officer to | ||||||
10 | desist from conduct
in violation of this subsection (b) if | ||||||
11 | the officer observes the conduct,
or has reasonable grounds | ||||||
12 | to believe that the person has engaged in the conduct that | ||||||
13 | day or that the person plans or intends to engage in the | ||||||
14 | conduct
that day on a specific premises ; or . | ||||||
15 | (10) uses a drone in a way that interferes with another | ||||||
16 | person's lawful taking of
wildlife or aquatic life. For the | ||||||
17 | purposes of this paragraph (10), "drone" means any aerial | ||||||
18 | vehicle that does not carry a human operator. | ||||||
19 | (c) Exemptions; defenses. | ||||||
20 | (1) This Section does not apply to actions performed by | ||||||
21 | authorized employees of
the Department of Natural | ||||||
22 | Resources, duly accredited officers of the U.S. Fish
and | ||||||
23 | Wildlife Service, sheriffs, deputy sheriffs, or other | ||||||
24 | peace officers if the
actions are authorized by law and are | ||||||
25 | necessary for the performance of their
official duties. | ||||||
26 | (2) This Section does not apply to landowners, tenants, |
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1 | or lease holders
exercising their legal rights to the | ||||||
2 | enjoyment of land, including, but not
limited to, farming | ||||||
3 | and restricting trespass. | ||||||
4 | (3) It is an affirmative defense to a prosecution for a | ||||||
5 | violation of this
Section that the defendant's conduct is | ||||||
6 | protected by his or her right to
freedom of speech under | ||||||
7 | the constitution of this State or the United States. | ||||||
8 | (4) Any interested parties may engage in protests or | ||||||
9 | other free speech activities
adjacent to or on the | ||||||
10 | perimeter of the location where the lawful taking of | ||||||
11 | wildlife or aquatic life is taking place, provided that | ||||||
12 | none of the provisions of this Section
are being violated. | ||||||
13 | (d) Sentence. A first violation of paragraphs (1) through | ||||||
14 | (8) of subsection (b) is a Class B misdemeanor. A second or | ||||||
15 | subsequent violation of
paragraphs (1) through (8) of | ||||||
16 | subsection (b) is a Class A misdemeanor for which imprisonment | ||||||
17 | for not less than 7 days shall be imposed. A
person guilty of a | ||||||
18 | second or subsequent violation of paragraphs (1) through (8) of | ||||||
19 | subsection (b) is not
eligible for court
supervision. A | ||||||
20 | violation of paragraph (9) or (10) of subsection (b) is a Class | ||||||
21 | A misdemeanor. A court shall revoke, for a period of one year | ||||||
22 | to 5 years, any Illinois
hunting, fishing, or trapping | ||||||
23 | privilege, license or permit of any person
convicted of | ||||||
24 | violating any provision of this Section. For
purposes of this | ||||||
25 | subsection, a "second or subsequent violation" means a | ||||||
26 | conviction
under paragraphs (1) through (8) of subsection (b) |
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1 | of this Section within 2 years of a prior violation arising | ||||||
2 | from a separate set
of circumstances. | ||||||
3 | (e) Injunctions; damages. | ||||||
4 | (1) Any court may enjoin conduct which would be in | ||||||
5 | violation
of paragraphs (1) through (8) or (10) of | ||||||
6 | subsection (b) upon petition by a person affected or who | ||||||
7 | reasonably
may be affected by the conduct, upon a showing | ||||||
8 | that the conduct is threatened
or that it has occurred on a | ||||||
9 | particular premises in the past and that it
is not | ||||||
10 | unreasonable to expect that under similar circumstances it | ||||||
11 | will be
repeated. | ||||||
12 | (2) A court shall award all resulting costs and damages | ||||||
13 | to any person
adversely affected by a violation of | ||||||
14 | paragraphs (1) through (8) or (10) of subsection (b), which | ||||||
15 | may include an award for
punitive damages. In addition to | ||||||
16 | other items of special damage, the measure of
damages may | ||||||
17 | include expenditures of the affected person for license and | ||||||
18 | permit
fees, travel, guides, special equipment and | ||||||
19 | supplies, to the extent that these
expenditures were | ||||||
20 | rendered futile by prevention of the taking of wildlife or | ||||||
21 | aquatic life.
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22 | (Source: P.A. 97-1108, eff. 1-1-13.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
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