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1 | AN ACT concerning wildlife.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Fish and Aquatic Life Code is amended by | |||||||||||||||||||||||||||||||
5 | changing Sections 1-215 and 10-80 and by adding Section 1-45.5 | |||||||||||||||||||||||||||||||
6 | as follows: | |||||||||||||||||||||||||||||||
7 | (515 ILCS 5/1-45.5 new) | |||||||||||||||||||||||||||||||
8 | Sec. 1-45.5. Drone. "Drone" means an unmanned aerial | |||||||||||||||||||||||||||||||
9 | vehicle.
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10 | (515 ILCS 5/1-215) (from Ch. 56, par. 1-215)
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11 | Sec. 1-215. Illegal fishing devices; public nuisance. | |||||||||||||||||||||||||||||||
12 | Every fishing
device, including seines, nets, or traps, or any | |||||||||||||||||||||||||||||||
13 | electrical device or any
other devices, including vehicles, | |||||||||||||||||||||||||||||||
14 | watercraft, or aircraft, or drones, used or
operated illegally | |||||||||||||||||||||||||||||||
15 | or attempted to be used or operated illegally by any
person in | |||||||||||||||||||||||||||||||
16 | taking, transporting, holding, or conveying any aquatic life
| |||||||||||||||||||||||||||||||
17 | contrary to this Code, including administrative rules, shall be | |||||||||||||||||||||||||||||||
18 | deemed a
public nuisance and therefore illegal and subject to | |||||||||||||||||||||||||||||||
19 | seizure and
confiscation by any authorized employee of the | |||||||||||||||||||||||||||||||
20 | Department. Upon the
seizure of such an item the Department | |||||||||||||||||||||||||||||||
21 | shall take and hold the item until
disposed of as provided in | |||||||||||||||||||||||||||||||
22 | this Code.
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1 | Upon the seizure of any device because of its illegal use, | ||||||
2 | the officer
or authorized employee of the Department making the | ||||||
3 | seizure shall, as soon
as reasonably possible, cause a | ||||||
4 | complaint to be filed before the Circuit
Court and a summons to | ||||||
5 | be issued requiring the owner or person in
possession of the | ||||||
6 | property to appear in court and show cause why the
device | ||||||
7 | seized should not be forfeited to the State. Upon the return of
| ||||||
8 | the summons duly served or upon posting or publication of | ||||||
9 | notice as provided
in this Code, the court shall proceed to | ||||||
10 | determine the question of the
illegality of the use of the | ||||||
11 | seized property. Upon judgment being entered
to the effect that | ||||||
12 | the property was illegally used, an order shall be
entered | ||||||
13 | providing for the forfeiture of the seized property to the | ||||||
14 | State.
The owner of the property, however, may have a jury | ||||||
15 | determine the
illegality of its use, and shall have the right | ||||||
16 | of an appeal as in other
civil cases. Confiscation or | ||||||
17 | forfeiture shall not preclude or mitigate
against prosecution | ||||||
18 | and assessment of penalties provided in Section 20-35
of this | ||||||
19 | Code.
| ||||||
20 | Upon seizure of any property under circumstances | ||||||
21 | supporting a
reasonable belief that the property was abandoned, | ||||||
22 | lost, stolen, or
otherwise illegally possessed or used contrary | ||||||
23 | to this
Code, except property seized during a search or arrest, | ||||||
24 | and ultimately
returned, destroyed, or otherwise disposed of | ||||||
25 | under order of a court
in accordance with this Code, the | ||||||
26 | authorized employee of the Department
shall make reasonable |
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| |||||||
1 | inquiry and efforts to identify and notify the owner
or other | ||||||
2 | person entitled to possession of the property and shall return | ||||||
3 | the
property after the person provides reasonable and | ||||||
4 | satisfactory proof of
his or her ownership or right to | ||||||
5 | possession and reimburses the Department
for all reasonable | ||||||
6 | expenses of custody. If the identity or location of the
owner | ||||||
7 | or other person entitled to possession of the property has not | ||||||
8 | been
ascertained within 6 months after the Department obtains | ||||||
9 | possession, the
Department shall effectuate the sale of the | ||||||
10 | property for cash to the
highest bidder at a public auction. | ||||||
11 | The owner or other person entitled to
possession of the | ||||||
12 | property may claim and recover possession of the
property at | ||||||
13 | any time before its sale at public auction upon providing
| ||||||
14 | reasonable and satisfactory proof of ownership or right of | ||||||
15 | possession and
reimbursing the Department for all reasonable | ||||||
16 | expenses of custody.
| ||||||
17 | Any property forfeited to the State by court order under | ||||||
18 | this Section
may be disposed of by public auction, except that | ||||||
19 | any property that is
the subject of a court order shall not be | ||||||
20 | disposed of pending appeal
of the order. The proceeds of the | ||||||
21 | sales at auction shall be deposited in
the Wildlife and Fish | ||||||
22 | Fund.
| ||||||
23 | The Department shall pay all costs of posting or | ||||||
24 | publication of
notices required by this Section.
| ||||||
25 | (Source: P.A. 87-833.)
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| |||||||
1 | (515 ILCS 5/10-80) (from Ch. 56, par. 10-80)
| ||||||
2 | Sec. 10-80. Illegal methods of taking. It shall be unlawful | ||||||
3 | to take any
aquatic life by the use of electricity or any | ||||||
4 | electrical device; a lime,
acid, medical, chemical, or | ||||||
5 | mechanical compound or dope of any medicated
drug; any drug or | ||||||
6 | any fishberry; any dynamite, giant powder, nitro
glycerine, or | ||||||
7 | other explosives; or by means of a snare, treated grain,
| ||||||
8 | firearms of any kind, air gun or gas gun, wire basket, wire | ||||||
9 | seine, wire
net, wire trotline, or limb lines of any kind ; or | ||||||
10 | by use of a drone .
| ||||||
11 | (Source: P.A. 87-833.)
| ||||||
12 | Section 10. The Wildlife Code is amended by changing | ||||||
13 | Sections 1.25, 2.33, and 3.5 and by adding Section 1.2e-5 as | ||||||
14 | follows: | ||||||
15 | (520 ILCS 5/1.2e-5 new) | ||||||
16 | Sec. 1.2e-5. Drone. "Drone" means an unmanned aerial | ||||||
17 | vehicle.
| ||||||
18 | (520 ILCS 5/1.25) (from Ch. 61, par. 1.25)
| ||||||
19 | Sec. 1.25.
Every hunting or trapping device, drone, vehicle | ||||||
20 | or conveyance, when
used or operated illegally, or attempted to | ||||||
21 | be used or operated illegally
by any person in taking, | ||||||
22 | transporting, holding, or conveying any wild bird
or wild | ||||||
23 | mammal, contrary to the provisions of this Act, including |
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| |||||||
1 | administrative
rules, is a public nuisance and subject to | ||||||
2 | seizure and confiscation by
any authorized employee of the | ||||||
3 | Department; upon the seizure of such item
the Department shall | ||||||
4 | take and hold the same until disposed of as hereinafter | ||||||
5 | provided.
| ||||||
6 | Upon the seizure of any property as herein provided, the | ||||||
7 | authorized employee
of the Department making such seizure shall | ||||||
8 | forthwith cause a complaint
to be filed before the Circuit | ||||||
9 | Court and a summons to be issued requiring
the person who | ||||||
10 | illegally used or operated or attempted to use or operate
such | ||||||
11 | property and the owner and person in possession of such | ||||||
12 | property to
appear in court and show cause why the property | ||||||
13 | seized should not be forfeited
to the State.
Upon the return of | ||||||
14 | the summons duly served or other notice as herein provided,
the | ||||||
15 | court shall proceed to determine the question of the illegality | ||||||
16 | of the
use of the seized property and upon judgment being | ||||||
17 | entered to the effect
that such property was illegally used, an | ||||||
18 | order may be entered providing
for the forfeiture of such | ||||||
19 | seized property to the Department and shall thereupon
become | ||||||
20 | the property of the Department; but the owner of such property | ||||||
21 | may
have a jury determine the illegality of its use, and shall | ||||||
22 | have the right
of an appeal, as in other cases. Such | ||||||
23 | confiscation or forfeiture
shall not preclude or mitigate | ||||||
24 | against prosecution and assessment of penalties
otherwise | ||||||
25 | provided in this Act.
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26 | Upon seizure of any property under circumstances |
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| |||||||
1 | supporting a
reasonable belief that such property was | ||||||
2 | abandoned, lost or stolen or
otherwise illegally possessed or | ||||||
3 | used contrary to the provisions of this
Act, except property | ||||||
4 | seized during a search or arrest, and ultimately
returned, | ||||||
5 | destroyed, or otherwise disposed of pursuant to order of a | ||||||
6 | court
in accordance with this Act, the authorized employee of | ||||||
7 | the Department
shall make reasonable inquiry and efforts to | ||||||
8 | identify and notify the owner
or other person entitled to | ||||||
9 | possession thereof, and shall return the
property after such | ||||||
10 | person provides reasonable and satisfactory proof of
his | ||||||
11 | ownership or right to possession and reimburses the Department | ||||||
12 | for all
reasonable expenses of such custody. If the identity or | ||||||
13 | location of the
owner or other person entitled to possession of | ||||||
14 | the property has not been
ascertained within 6 months after the | ||||||
15 | Department obtains such possession,
the Department shall | ||||||
16 | effectuate the sale of the property for cash to the
highest | ||||||
17 | bidder at a public auction. The owner or other person entitled | ||||||
18 | to
possession of such property may claim and recover possession | ||||||
19 | of the
property at any time before its sale at public auction, | ||||||
20 | upon providing
reasonable and satisfactory proof of ownership | ||||||
21 | or right of possession and
reimbursing the Department for all | ||||||
22 | reasonable expenses of custody thereof.
| ||||||
23 | Any property, including guns, forfeited to the State by | ||||||
24 | court order pursuant
to this Section, may be disposed of by | ||||||
25 | public auction, except
that any property which is the subject | ||||||
26 | of such a court order shall not be
disposed of pending appeal |
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| |||||||
1 | of the order. The proceeds of the sales at auction
shall be | ||||||
2 | deposited in the Wildlife and Fish Fund.
| ||||||
3 | The Department shall pay all costs of notices required by | ||||||
4 | this Section.
| ||||||
5 | (Source: P.A. 85-152.)
| ||||||
6 | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
| ||||||
7 | Sec. 2.33. Prohibitions.
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8 | (a) It is unlawful to carry or possess any gun in any
State | ||||||
9 | refuge unless otherwise permitted by administrative rule.
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10 | (b) It is unlawful to use or possess any snare or | ||||||
11 | snare-like device,
deadfall, net, or pit trap to take any | ||||||
12 | species, except that snares not
powered by springs or other | ||||||
13 | mechanical devices may be used to trap
fur-bearing mammals, in | ||||||
14 | water sets only, if at least one-half of the snare
noose is | ||||||
15 | located underwater at all times.
| ||||||
16 | (c) It is unlawful for any person at any time to take a | ||||||
17 | wild mammal
protected by this Act from its den by means of any | ||||||
18 | mechanical device,
spade, or digging device or to use smoke or | ||||||
19 | other gases to dislodge or
remove such mammal except as | ||||||
20 | provided in Section 2.37.
| ||||||
21 | (d) It is unlawful to use a ferret or any other small | ||||||
22 | mammal which is
used in the same or similar manner for which | ||||||
23 | ferrets are used for the
purpose of frightening or driving any | ||||||
24 | mammals from their dens or hiding places.
| ||||||
25 | (e) (Blank).
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1 | (f) It is unlawful to use spears, gigs, hooks or any like | ||||||
2 | device to
take any species protected by this Act.
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3 | (g) It is unlawful to use poisons, chemicals or explosives | ||||||
4 | for the
purpose of taking any species protected by this Act.
| ||||||
5 | (h) It is unlawful to hunt adjacent to or near any peat, | ||||||
6 | grass,
brush or other inflammable substance when it is burning.
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7 | (i) It is unlawful to take, pursue or intentionally harass | ||||||
8 | or disturb
in any manner any wild birds or mammals by use or | ||||||
9 | aid of any vehicle or
conveyance, except as permitted by the | ||||||
10 | Code of Federal Regulations for the
taking of waterfowl. It is | ||||||
11 | also unlawful to use the lights of any vehicle
or conveyance or | ||||||
12 | any light from or any light connected to the
vehicle or | ||||||
13 | conveyance in any area where wildlife may be found except in
| ||||||
14 | accordance with Section 2.37 of this Act; however, nothing in | ||||||
15 | this
Section shall prohibit the normal use of headlamps for the | ||||||
16 | purpose of driving
upon a roadway. Striped skunk, opossum, red | ||||||
17 | fox, gray
fox, raccoon and coyote may be taken during the open | ||||||
18 | season by use of a small
light which is worn on the body or | ||||||
19 | hand-held by a person on foot and not in any
vehicle.
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20 | (j) It is unlawful to use any shotgun larger than 10 gauge | ||||||
21 | while
taking or attempting to take any of the species protected | ||||||
22 | by this Act.
| ||||||
23 | (k) It is unlawful to use or possess in the field any | ||||||
24 | shotgun shell loaded
with a shot size larger than lead BB or | ||||||
25 | steel T (.20 diameter) when taking or
attempting to take any | ||||||
26 | species of wild game mammals (excluding white-tailed
deer), |
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| |||||||
1 | wild game birds, migratory waterfowl or migratory game birds | ||||||
2 | protected
by this Act, except white-tailed deer as provided for | ||||||
3 | in Section 2.26 and other
species as provided for by subsection | ||||||
4 | (l) or administrative rule.
| ||||||
5 | (l) It is unlawful to take any species of wild game, except
| ||||||
6 | white-tailed deer and fur-bearing mammals, with a shotgun | ||||||
7 | loaded with slugs unless otherwise
provided for by | ||||||
8 | administrative rule.
| ||||||
9 | (m) It is unlawful to use any shotgun capable of holding | ||||||
10 | more than 3
shells in the magazine or chamber combined, except | ||||||
11 | on game breeding and
hunting preserve areas licensed under | ||||||
12 | Section 3.27 and except as permitted by
the Code of Federal | ||||||
13 | Regulations for the taking of waterfowl. If the shotgun
is | ||||||
14 | capable of holding more than 3 shells, it shall, while being | ||||||
15 | used on an
area other than a game breeding and shooting | ||||||
16 | preserve area licensed
pursuant to Section 3.27, be fitted with | ||||||
17 | a one piece plug that is
irremovable without dismantling the | ||||||
18 | shotgun or otherwise altered to
render it incapable of holding | ||||||
19 | more than 3 shells in the magazine and
chamber, combined.
| ||||||
20 | (n) It is unlawful for any person, except persons who | ||||||
21 | possess a permit to
hunt from a vehicle as provided in this | ||||||
22 | Section and persons otherwise permitted
by law, to have or | ||||||
23 | carry any gun in or on any vehicle, conveyance or aircraft,
| ||||||
24 | unless such gun is unloaded and enclosed in a case, except that | ||||||
25 | at field trials
authorized by Section 2.34 of this Act, | ||||||
26 | unloaded guns or guns loaded with blank
cartridges only, may be |
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| |||||||
1 | carried on horseback while not contained in a case, or
to have | ||||||
2 | or carry any bow or arrow device in or on any vehicle unless | ||||||
3 | such bow
or arrow device is unstrung or enclosed in a case, or | ||||||
4 | otherwise made
inoperable.
| ||||||
5 | (o) It is unlawful to use any crossbow for the purpose of | ||||||
6 | taking any
wild birds or mammals, except as provided for in | ||||||
7 | Section 2.5.
| ||||||
8 | (p) It is unlawful to take game birds, migratory game birds | ||||||
9 | or
migratory waterfowl with a rifle, pistol, revolver or | ||||||
10 | airgun.
| ||||||
11 | (q) It is unlawful to fire a rifle, pistol, revolver or | ||||||
12 | airgun on,
over or into any waters of this State, including | ||||||
13 | frozen waters.
| ||||||
14 | (r) It is unlawful to discharge any gun or bow and arrow | ||||||
15 | device
along, upon, across, or from any public right-of-way or | ||||||
16 | highway in this State.
| ||||||
17 | (s) It is unlawful to use a silencer or other device to | ||||||
18 | muffle or
mute the sound of the explosion or report resulting | ||||||
19 | from the firing of
any gun.
| ||||||
20 | (t) It is unlawful for any person to take or attempt to | ||||||
21 | take any species of wildlife or parts thereof, intentionally or | ||||||
22 | wantonly allow a dog to
hunt, within or upon the land of | ||||||
23 | another, or upon waters flowing over or
standing on the land of | ||||||
24 | another, or to knowingly shoot a gun or bow and arrow device at | ||||||
25 | any wildlife physically on or flying over the property of | ||||||
26 | another without first obtaining permission from
the owner or |
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| |||||||
1 | the owner's designee. For the purposes of this Section, the | ||||||
2 | owner's designee means anyone who the owner designates in a | ||||||
3 | written authorization and the authorization must contain (i) | ||||||
4 | the legal or common description of property for such authority | ||||||
5 | is given, (ii) the extent that the owner's designee is | ||||||
6 | authorized to make decisions regarding who is allowed to take | ||||||
7 | or attempt to take any species of wildlife or parts thereof, | ||||||
8 | and (iii) the owner's notarized signature. Before enforcing | ||||||
9 | this
Section the law enforcement officer must have received | ||||||
10 | notice from the
owner or the owner's designee of a violation of | ||||||
11 | this Section. Statements made to the
law enforcement officer | ||||||
12 | regarding this notice shall not be rendered
inadmissible by the | ||||||
13 | hearsay rule when offered for the purpose of showing the
| ||||||
14 | required notice.
| ||||||
15 | (u) It is unlawful for any person to discharge any firearm | ||||||
16 | for the purpose
of taking any of the species protected by this | ||||||
17 | Act, or hunt with gun or
dog, or intentionally or wantonly | ||||||
18 | allow a dog to hunt, within 300 yards of an inhabited dwelling | ||||||
19 | without
first obtaining permission from the owner or tenant, | ||||||
20 | except that while
trapping, hunting with bow and arrow, hunting | ||||||
21 | with dog and shotgun using shot
shells only, or hunting with | ||||||
22 | shotgun using shot shells only, or providing outfitting | ||||||
23 | services under a waterfowl outfitter permit, or
on licensed | ||||||
24 | game breeding and hunting preserve areas, as defined in Section
| ||||||
25 | 3.27, on
federally owned and managed lands and on Department | ||||||
26 | owned, managed, leased, or
controlled lands, a 100 yard |
| |||||||
| |||||||
1 | restriction shall apply.
| ||||||
2 | (v) It is unlawful for any person to remove fur-bearing | ||||||
3 | mammals from, or
to move or disturb in any manner, the traps | ||||||
4 | owned by another person without
written authorization of the | ||||||
5 | owner to do so.
| ||||||
6 | (w) It is unlawful for any owner of a dog to knowingly or | ||||||
7 | wantonly allow
his or her dog to pursue, harass or kill deer, | ||||||
8 | except that nothing in this Section shall prohibit the tracking | ||||||
9 | of wounded deer with a dog in accordance with the provisions of | ||||||
10 | Section 2.26 of this Code.
| ||||||
11 | (x) It is unlawful for any person to wantonly or carelessly | ||||||
12 | injure
or destroy, in any manner whatsoever, any real or | ||||||
13 | personal property on
the land of another while engaged in | ||||||
14 | hunting or trapping thereon.
| ||||||
15 | (y) It is unlawful to hunt wild game protected by this Act | ||||||
16 | between one
half hour after sunset and one half hour before | ||||||
17 | sunrise, except that
hunting hours between one half hour after | ||||||
18 | sunset and one half hour
before sunrise may be established by | ||||||
19 | administrative rule for fur-bearing
mammals.
| ||||||
20 | (z) It is unlawful to take any game bird (excluding wild | ||||||
21 | turkeys and
crippled pheasants not capable of normal flight and | ||||||
22 | otherwise irretrievable)
protected by this Act when not flying. | ||||||
23 | Nothing in this Section shall prohibit
a person from carrying | ||||||
24 | an uncased, unloaded shotgun in a boat, while in pursuit
of a | ||||||
25 | crippled migratory waterfowl that is incapable of normal | ||||||
26 | flight, for the
purpose of attempting to reduce the migratory |
| |||||||
| |||||||
1 | waterfowl to possession, provided
that the attempt is made | ||||||
2 | immediately upon downing the migratory waterfowl and
is done | ||||||
3 | within 400 yards of the blind from which the migratory | ||||||
4 | waterfowl was
downed. This exception shall apply only to | ||||||
5 | migratory game birds that are not
capable of normal flight. | ||||||
6 | Migratory waterfowl that are crippled may be taken
only with a | ||||||
7 | shotgun as regulated by subsection (j) of this Section using
| ||||||
8 | shotgun shells as regulated in subsection (k) of this Section.
| ||||||
9 | (aa) It is unlawful to use or possess any device that may | ||||||
10 | be used for
tree climbing or cutting, while hunting fur-bearing | ||||||
11 | mammals, excluding coyotes.
| ||||||
12 | (bb) It is unlawful for any person, except licensed game | ||||||
13 | breeders,
pursuant to Section 2.29 to import, carry into, or | ||||||
14 | possess alive in this
State any species of wildlife taken | ||||||
15 | outside of this State, without
obtaining permission to do so | ||||||
16 | from the Director.
| ||||||
17 | (cc) It is unlawful for any person to have in his or her
| ||||||
18 | possession any freshly killed species protected by this Act | ||||||
19 | during the season
closed for taking.
| ||||||
20 | (dd) It is unlawful to take any species protected by this | ||||||
21 | Act and retain
it alive except as provided by administrative | ||||||
22 | rule.
| ||||||
23 | (ee) It is unlawful to possess any rifle while in the field | ||||||
24 | during gun
deer season except as provided in Section 2.26 and | ||||||
25 | administrative rules.
| ||||||
26 | (ff) It is unlawful for any person to take any species |
| |||||||
| |||||||
1 | protected by
this Act, except migratory waterfowl, during the | ||||||
2 | gun deer hunting season in
those counties open to gun deer | ||||||
3 | hunting, unless he or she wears, when in
the field, a cap and | ||||||
4 | upper outer garment of a solid blaze orange color, with
such | ||||||
5 | articles of clothing displaying a minimum of 400 square inches | ||||||
6 | of
blaze orange material.
| ||||||
7 | (gg) It is unlawful during the upland game season for any | ||||||
8 | person to take
upland game with a firearm unless he or she | ||||||
9 | wears, while in the field, a
cap of solid blaze orange color. | ||||||
10 | For purposes of this Act, upland game is
defined as Bobwhite | ||||||
11 | Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
| ||||||
12 | Cottontail and Swamp Rabbit.
| ||||||
13 | (hh) It shall be unlawful to kill or cripple any species | ||||||
14 | protected by
this Act for which there is a bag limit without | ||||||
15 | making a reasonable
effort to retrieve such species and include | ||||||
16 | such in the bag limit. It shall be unlawful for any person | ||||||
17 | having control over harvested game mammals, game birds, or | ||||||
18 | migratory game birds for which there is a bag limit to wantonly | ||||||
19 | waste or destroy the usable meat of the game, except this shall | ||||||
20 | not apply to wildlife taken under Sections 2.37 or 3.22 of this | ||||||
21 | Code. For purposes of this subsection, "usable meat" means the | ||||||
22 | breast meat of a game bird or migratory game bird and the hind | ||||||
23 | ham and front shoulders of a game mammal. It shall be unlawful | ||||||
24 | for any person to place, leave, dump, or abandon a wildlife | ||||||
25 | carcass or parts of it along or upon a public right-of-way or | ||||||
26 | highway or on public or private property, including a waterway |
| |||||||
| |||||||
1 | or stream, without the permission of the owner or tenant. It | ||||||
2 | shall not be unlawful to discard game meat that is determined | ||||||
3 | to be unfit for human consumption.
| ||||||
4 | (ii) This Section shall apply only to those species | ||||||
5 | protected by this
Act taken within the State. Any species or | ||||||
6 | any parts thereof, legally taken
in and transported from other | ||||||
7 | states or countries, may be possessed
within the State, except | ||||||
8 | as provided in this Section and Sections 2.35, 2.36
and 3.21.
| ||||||
9 | (jj) (Blank).
| ||||||
10 | (kk) Nothing contained in this Section shall prohibit the | ||||||
11 | Director
from issuing permits to paraplegics or to other | ||||||
12 | disabled persons who meet the
requirements set forth in | ||||||
13 | administrative rule to shoot or hunt from a vehicle
as provided | ||||||
14 | by that rule, provided that such is otherwise in accord with | ||||||
15 | this
Act.
| ||||||
16 | (ll) Nothing contained in this Act shall prohibit the | ||||||
17 | taking of aquatic
life protected by the Fish and Aquatic Life | ||||||
18 | Code or birds and mammals
protected by this Act, except deer | ||||||
19 | and fur-bearing mammals, from a boat not
camouflaged or | ||||||
20 | disguised to alter its identity or to further provide a place
| ||||||
21 | of concealment and not propelled by sail or mechanical power. | ||||||
22 | However, only
shotguns not larger than 10 gauge nor smaller | ||||||
23 | than .410 bore loaded with not
more than 3 shells of a shot | ||||||
24 | size no larger than lead BB or steel T (.20
diameter) may be | ||||||
25 | used to take species protected by this Act.
| ||||||
26 | (mm) Nothing contained in this Act shall prohibit the use |
| |||||||
| |||||||
1 | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | ||||||
2 | gauge, with a rifled barrel.
| ||||||
3 | (nn) It shall be unlawful to possess any species of | ||||||
4 | wildlife or wildlife parts taken unlawfully in Illinois, any | ||||||
5 | other state, or any other country, whether or not the wildlife | ||||||
6 | or wildlife parts is indigenous to Illinois. For the purposes | ||||||
7 | of this subsection, the statute of limitations for unlawful | ||||||
8 | possession of wildlife or wildlife parts shall not cease until | ||||||
9 | 2 years after the possession has permanently ended. | ||||||
10 | (oo) It shall be unlawful to use a drone to take any | ||||||
11 | species of wildlife protected by this Act. | ||||||
12 | (Source: P.A. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12; | ||||||
13 | 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14; | ||||||
14 | 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, eff. | ||||||
15 | 1-1-15 .)
| ||||||
16 | (520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
| ||||||
17 | Sec. 3.5. Penalties; probation.
| ||||||
18 | (a) Any person who violates any of the provisions of | ||||||
19 | Section
2.36a,
including administrative rules, shall be guilty | ||||||
20 | of a Class 3 felony, except
as otherwise provided in subsection | ||||||
21 | (b) of this Section and subsection (a) of
Section 2.36a.
| ||||||
22 | (b) Whenever any person who has not previously been | ||||||
23 | convicted of, or
placed
on probation or court supervision for, | ||||||
24 | any offense under Section 1.22,
2.36, or 2.36a or subsection | ||||||
25 | (i) or (cc) of Section
2.33, the court may, without entering a
|
| |||||||
| |||||||
1 | judgment and with the person's consent, sentence the person to | ||||||
2 | probation for a
violation of Section 2.36a.
| ||||||
3 | (1) When a person is placed on probation, the court | ||||||
4 | shall enter an order
specifying a period of probation of 24 | ||||||
5 | months and shall defer further
proceedings in
the case | ||||||
6 | until the conclusion of the period or until the filing of a | ||||||
7 | petition
alleging violation of a term or condition of | ||||||
8 | probation.
| ||||||
9 | (2) The conditions of probation shall be that the | ||||||
10 | person:
| ||||||
11 | (A) Not violate
any criminal statute of any | ||||||
12 | jurisdiction.
| ||||||
13 | (B) Perform no less than 30 hours of community | ||||||
14 | service, provided
community
service is available in | ||||||
15 | the jurisdiction and is funded and approved by the
| ||||||
16 | county board.
| ||||||
17 | (3) The court may, in addition to other conditions:
| ||||||
18 | (A) Require that the person make a report to and | ||||||
19 | appear in person before
or participate with the
court | ||||||
20 | or courts, person, or social service agency as directed | ||||||
21 | by the
court in the order of probation.
| ||||||
22 | (B) Require that the person pay a fine and costs.
| ||||||
23 | (C) Require that the person refrain from | ||||||
24 | possessing a firearm or other
dangerous weapon.
| ||||||
25 | (D) Prohibit the person from associating with any | ||||||
26 | person who is actively
engaged in any of the activities |
| |||||||
| |||||||
1 | regulated by the permits issued or privileges
granted | ||||||
2 | by the Department of Natural Resources.
| ||||||
3 | (4) Upon violation of a term or condition of probation, | ||||||
4 | the
court
may enter a judgment on its original finding of | ||||||
5 | guilt and proceed as otherwise
provided.
| ||||||
6 | (5) Upon fulfillment of the terms and
conditions of | ||||||
7 | probation, the court shall discharge the person and dismiss
| ||||||
8 | the proceedings against the person.
| ||||||
9 | (6) A disposition of probation is considered to be a | ||||||
10 | conviction
for the purposes of imposing the conditions of | ||||||
11 | probation, for appeal, and for
administrative revocation | ||||||
12 | and suspension of licenses and privileges;
however, | ||||||
13 | discharge and dismissal under this Section is not a | ||||||
14 | conviction for
purposes of disqualification or | ||||||
15 | disabilities imposed by law upon conviction of
a crime.
| ||||||
16 | (7) Discharge and dismissal under this Section
may | ||||||
17 | occur only once
with respect to any person.
| ||||||
18 | (8) If a person is convicted of an offense under this
| ||||||
19 | Act within 5 years
subsequent to a discharge and dismissal | ||||||
20 | under this Section, the discharge and
dismissal under this | ||||||
21 | Section shall be admissible in the sentencing proceeding
| ||||||
22 | for that conviction
as a factor in aggravation.
| ||||||
23 | (9) The Circuit Clerk shall notify the Department of | ||||||
24 | State Police of all
persons convicted of or placed under | ||||||
25 | probation for violations of Section
2.36a.
| ||||||
26 | (c) Any person who violates any of the provisions of |
| |||||||
| |||||||
1 | Sections 2.9, 2.11,
2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, | ||||||
2 | 2.31, 2.32, 2.33 (except
subsections (g), (i), (o), (p), (y), | ||||||
3 | and (cc) , and (oo) ), 2.33-1, 2.33a, 3.3,
3.4, 3.11 through | ||||||
4 | 3.16, 3.19, 3.20, 3.21
(except subsections (b), (c), (d), (e), | ||||||
5 | (f), (f.5), (g), (h), and (i)), 3.24, 3.25, and 3.26 (except | ||||||
6 | subsection (f)), including administrative
rules, shall be | ||||||
7 | guilty of a Class B misdemeanor.
| ||||||
8 | A person who violates Section 2.33b by using any computer | ||||||
9 | software or service to remotely control a weapon that takes | ||||||
10 | wildlife by remote operation is guilty of a Class B | ||||||
11 | misdemeanor. A person who violates Section 2.33b by | ||||||
12 | facilitating a violation of Section 2.33b, including an owner | ||||||
13 | of land in which remote control hunting occurs, a computer | ||||||
14 | programmer who designs a program or software to facilitate | ||||||
15 | remote control hunting, or a person who provides weapons or | ||||||
16 | equipment to facilitate remote control hunting, is guilty of a | ||||||
17 | Class A misdemeanor. | ||||||
18 | Any person who violates any of the
provisions of Sections | ||||||
19 | 1.22, 2.2a, 2.3,
2.4, 2.36 and 2.38, including administrative | ||||||
20 | rules, shall be guilty of a
Class A misdemeanor. Any second or | ||||||
21 | subsequent violations of Sections
2.4 and 2.36 shall be a Class | ||||||
22 | 4 felony.
| ||||||
23 | Any person who violates any of the provisions of this Act, | ||||||
24 | including
administrative rules, during such period when his | ||||||
25 | license, privileges, or
permit is revoked or denied by virtue | ||||||
26 | of Section 3.36, shall be guilty of a
Class A misdemeanor.
|
| |||||||
| |||||||
1 | Any person who violates subsection (oo) of Section 2.33 | ||||||
2 | shall be guilty of a Class A misdemeanor in addition to other | ||||||
3 | statutory penalties. Any person who violates subsection (g), | ||||||
4 | (i), (o), (p), (y), or (cc)
of Section 2.33 shall be guilty of | ||||||
5 | a Class A misdemeanor and subject to a
fine of no less than | ||||||
6 | $500 and no more than $5,000 in addition to other
statutory | ||||||
7 | penalties. In addition, the Department shall suspend the | ||||||
8 | privileges, under this Act, of any person found guilty of | ||||||
9 | violating Section 2.33(cc) for a period of not less than one | ||||||
10 | year.
| ||||||
11 | Any person who violates any other of
the provisions of this | ||||||
12 | Act
including administrative rules, unless otherwise stated, | ||||||
13 | shall be
guilty of a petty offense. Offenses committed by | ||||||
14 | minors under the
direct control or with the consent of a parent | ||||||
15 | or guardian may subject
the parent or guardian to the penalties | ||||||
16 | prescribed in this Section.
| ||||||
17 | In addition to any fines imposed pursuant to the provisions | ||||||
18 | of this
Section or as otherwise provided in this Act, any | ||||||
19 | person found guilty of
unlawfully taking or possessing any | ||||||
20 | species protected by this Act, shall be
assessed a civil | ||||||
21 | penalty for such species in accordance with the values
| ||||||
22 | prescribed in Section 2.36a of this Act. This civil penalty | ||||||
23 | shall be
imposed by the Circuit Court for the county within | ||||||
24 | which the offense was
committed at the time of the conviction. | ||||||
25 | All penalties provided for in
this Section shall be remitted to | ||||||
26 | the Department in accordance with the
same provisions provided |
| |||||||
| |||||||
1 | for in Section 1.18 of this Act.
| ||||||
2 | (Source: P.A. 97-431, eff. 8-16-11.)
|