Full Text of HB1517 103rd General Assembly
HB1517 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1517 Introduced 1/31/2023, by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: |
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Amends the Wildlife Code. In provisions concerning prohibitions, provides that it is unlawful to discharge a firearm for hunting, hunt with a gun or dog, or allow a dog to hunt within 500 yards of an inhabited dwelling if the inhabited dwelling is in a residential area with 25 or more homes within a one-half square mile.
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| | A BILL FOR |
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| 1 | | AN ACT concerning wildlife.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Wildlife Code is amended by changing | 5 | | Section 2.33 as follows:
| 6 | | (520 ILCS 5/2.33)
| 7 | | Sec. 2.33. Prohibitions.
| 8 | | (a) It is unlawful to carry or possess any gun in any
State | 9 | | refuge unless otherwise permitted by administrative rule.
| 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 |
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| 1 | | mammals from their dens or hiding places.
| 2 | | (e) (Blank).
| 3 | | (f) It is unlawful to use spears, gigs, hooks , or any like | 4 | | device to
take any species protected by this Act.
| 5 | | (g) It is unlawful to use poisons, chemicals , or | 6 | | explosives for the
purpose of taking any species protected by | 7 | | this Act.
| 8 | | (h) It is unlawful to hunt adjacent to or near any peat, | 9 | | grass,
brush , or other inflammable substance when it is | 10 | | burning.
| 11 | | (i) It is unlawful to take, pursue or intentionally harass | 12 | | or disturb
in any manner any wild birds or mammals by use or | 13 | | aid of any vehicle,
conveyance, or unmanned aircraft as | 14 | | defined by the Illinois Aeronautics Act, except as permitted | 15 | | by the Code of Federal Regulations for the
taking of | 16 | | waterfowl; except that nothing in this subsection shall | 17 | | prohibit the use of unmanned aircraft in the inspection of a | 18 | | public utility facility, tower, or structure or a mobile | 19 | | service facility, tower, or structure by a public utility, as | 20 | | defined in Section 3-105 of the Public Utilities Act, or a | 21 | | provider of mobile services as defined in Section 153 of Title | 22 | | 47 of the United States Code. It is also unlawful to use the | 23 | | lights of any vehicle
or conveyance, any light connected to | 24 | | any
vehicle or conveyance, or any other lighting device or | 25 | | mechanism from inside or on a vehicle or conveyance in any area | 26 | | where wildlife may be found except in
accordance with Section |
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| 1 | | 2.37 of this Act; however, nothing in this
Section shall | 2 | | prohibit the normal use of headlamps for the purpose of | 3 | | driving
upon a roadway. For purposes of this Section, any | 4 | | other lighting device or mechanism shall include, but not be | 5 | | limited to, any device that uses infrared or other light not | 6 | | visible to the naked eye, electronic image intensification, | 7 | | active illumination, thermal imaging, or night vision. Striped | 8 | | skunk, opossum, red fox, gray
fox, raccoon, bobcat, and coyote | 9 | | may be taken during the open season by use of a small
light | 10 | | which is worn on the body or hand-held by a person on foot and | 11 | | not in any
vehicle.
| 12 | | (j) It is unlawful to use any shotgun larger than 10 gauge | 13 | | while
taking or attempting to take any of the species | 14 | | protected by this Act.
| 15 | | (k) It is unlawful to use or possess in the field any | 16 | | shotgun shell loaded
with a shot size larger than lead BB or | 17 | | steel T (.20 diameter) when taking or
attempting to take any | 18 | | species of wild game mammals (excluding white-tailed
deer), | 19 | | wild game birds, migratory waterfowl or migratory game birds | 20 | | protected
by this Act, except white-tailed deer as provided | 21 | | for in Section 2.26 and other
species as provided for by | 22 | | subsection (l) or administrative rule.
| 23 | | (l) It is unlawful to take any species of wild game, except
| 24 | | white-tailed deer and fur-bearing mammals, with a shotgun | 25 | | loaded with slugs unless otherwise
provided for by | 26 | | administrative rule.
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| 1 | | (m) It is unlawful to use any shotgun capable of holding | 2 | | more than 3
shells in the magazine or chamber combined, except | 3 | | on game breeding and
hunting preserve areas licensed under | 4 | | Section 3.27 and except as permitted by
the Code of Federal | 5 | | Regulations for the taking of waterfowl. If the shotgun
is | 6 | | capable of holding more than 3 shells, it shall, while being | 7 | | used on an
area other than a game breeding and shooting | 8 | | preserve area licensed
pursuant to Section 3.27, be fitted | 9 | | with a one-piece one piece plug that is
irremovable without | 10 | | dismantling the shotgun or otherwise altered to
render it | 11 | | incapable of holding more than 3 shells in the magazine and
| 12 | | chamber, combined.
| 13 | | (n) It is unlawful for any person, except persons who | 14 | | possess a permit to
hunt from a vehicle as provided in this | 15 | | Section and persons otherwise permitted
by law, to have or | 16 | | carry any gun in or on any vehicle, conveyance , or aircraft,
| 17 | | unless such gun is unloaded and enclosed in a case, except that | 18 | | at field trials
authorized by Section 2.34 of this Act, | 19 | | unloaded guns or guns loaded with blank
cartridges only , may | 20 | | be carried on horseback while not contained in a case, or
to | 21 | | have or carry any bow or arrow device in or on any vehicle | 22 | | unless such bow
or arrow device is unstrung or enclosed in a | 23 | | case, or otherwise made
inoperable unless in accordance with | 24 | | the Firearm Concealed Carry Act.
| 25 | | (o) (Blank).
| 26 | | (p) It is unlawful to take game birds, migratory game |
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| 1 | | birds or
migratory waterfowl with a rifle, pistol, revolver, | 2 | | or air rifle.
| 3 | | (q) It is unlawful to fire a rifle, pistol, revolver, or | 4 | | air rifle on,
over, or into any waters of this State, including | 5 | | frozen waters.
| 6 | | (r) It is unlawful to discharge any gun or bow and arrow | 7 | | device
along, upon, across, or from any public right-of-way or | 8 | | highway in this State.
| 9 | | (s) It is unlawful to use a silencer or other device to | 10 | | muffle or
mute the sound of the explosion or report resulting | 11 | | from the firing of
any gun.
| 12 | | (t) It is unlawful for any person to take or attempt to | 13 | | take any species of wildlife or parts thereof, or allow a dog | 14 | | to
hunt, within or upon the land of another, or upon waters | 15 | | flowing over or
standing on the land of another, or to | 16 | | knowingly shoot a gun or bow and arrow device at any wildlife | 17 | | physically on or flying over the property of another without | 18 | | first obtaining permission from
the owner or the owner's | 19 | | designee. For the purposes of this Section, the owner's | 20 | | designee means anyone who the owner designates in a written | 21 | | authorization and the authorization must contain (i) the legal | 22 | | or common description of property for which such authority is | 23 | | given, (ii) the extent that the owner's designee is authorized | 24 | | to make decisions regarding who is allowed to take or attempt | 25 | | to take any species of wildlife or parts thereof, and (iii) the | 26 | | owner's notarized signature. Before enforcing this
Section , |
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| 1 | | the law enforcement officer must have received notice from the
| 2 | | owner or the owner's designee of a violation of this Section. | 3 | | Statements made to the
law enforcement officer regarding this | 4 | | notice shall not be rendered
inadmissible by the hearsay rule | 5 | | when offered for the purpose of showing the
required notice.
| 6 | | (u) It is unlawful for any person to discharge any firearm | 7 | | for the purpose
of taking any of the species protected by this | 8 | | Act, or hunt with gun or
dog, or allow a dog to hunt, within | 9 | | 300 yards of an inhabited dwelling without
first obtaining | 10 | | permission from the owner or tenant or 500 yards of an | 11 | | inhabited dwelling if the inhabited dwelling is in a | 12 | | residential area with 25 or more homes within a one-half | 13 | | square mile , except that while
trapping, hunting with bow and | 14 | | arrow, hunting with dog and shotgun using shot
shells only, or | 15 | | hunting with shotgun using shot shells only, or providing | 16 | | outfitting services under a waterfowl outfitter permit, or
on | 17 | | licensed game breeding and hunting preserve areas, as defined | 18 | | in Section
3.27, on
federally owned and managed lands and on | 19 | | Department owned, managed, leased, or
controlled lands, a 100 | 20 | | yard restriction shall apply.
| 21 | | (v) It is unlawful for any person to remove fur-bearing | 22 | | mammals from, or
to move or disturb in any manner, the traps | 23 | | owned by another person without
written authorization of the | 24 | | owner to do so.
| 25 | | (w) It is unlawful for any owner of a dog to allow
his or | 26 | | her dog to pursue, harass , or kill deer, except that nothing in |
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| 1 | | this Section shall prohibit the tracking of wounded deer with | 2 | | a dog in accordance with the provisions of Section 2.26 of this | 3 | | Code.
| 4 | | (x) It is unlawful for any person to wantonly or | 5 | | carelessly injure
or destroy, in any manner whatsoever, any | 6 | | real or personal property on
the land of another while engaged | 7 | | in hunting or trapping thereon.
| 8 | | (y) It is unlawful to hunt wild game protected by this Act | 9 | | between one-half one
half hour after sunset and one-half one | 10 | | half hour before sunrise, except that
hunting hours between | 11 | | one-half one half hour after sunset and one-half one half hour
| 12 | | before sunrise may be established by administrative rule for | 13 | | fur-bearing
mammals.
| 14 | | (z) It is unlawful to take any game bird (excluding wild | 15 | | turkeys and
crippled pheasants not capable of normal flight | 16 | | and otherwise irretrievable)
protected by this Act when not | 17 | | flying. Nothing in this Section shall prohibit
a person from | 18 | | carrying an uncased, unloaded shotgun in a boat, while in | 19 | | pursuit
of a crippled migratory waterfowl that is incapable of | 20 | | normal flight, for the
purpose of attempting to reduce the | 21 | | migratory waterfowl to possession, provided
that the attempt | 22 | | is made immediately upon downing the migratory waterfowl and
| 23 | | is done within 400 yards of the blind from which the migratory | 24 | | waterfowl was
downed. This exception shall apply only to | 25 | | migratory game birds that are not
capable of normal flight. | 26 | | Migratory waterfowl that are crippled may be taken
only with a |
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| 1 | | shotgun as regulated by subsection (j) of this Section using
| 2 | | shotgun shells as regulated in subsection (k) of this Section.
| 3 | | (aa) It is unlawful to use or possess any device that may | 4 | | be used for
tree climbing or cutting , while hunting | 5 | | fur-bearing mammals, excluding coyotes. However, coyotes may | 6 | | not be hunted utilizing these devices during open season for | 7 | | deer except by properly licensed deer hunters.
| 8 | | (bb) It is unlawful for any person, except licensed game | 9 | | breeders,
pursuant to Section 2.29 to import, carry into, or | 10 | | possess alive in this
State any species of wildlife taken | 11 | | outside of this State, without
obtaining permission to do so | 12 | | from the Director.
| 13 | | (cc) It is unlawful for any person to have in his or her
| 14 | | possession any freshly killed species protected by this Act | 15 | | during the season
closed for taking.
| 16 | | (dd) It is unlawful to take any species protected by this | 17 | | Act and retain
it alive except as provided by administrative | 18 | | rule.
| 19 | | (ee) It is unlawful to possess any rifle while in the field | 20 | | during gun
deer season except as provided in Sections 2.25 and | 21 | | 2.26 and administrative rules.
| 22 | | (ff) It is unlawful for any person to take any species | 23 | | protected by
this Act, except migratory waterfowl, during the | 24 | | gun deer hunting season in
those counties open to gun deer | 25 | | hunting, unless he or she wears, when in
the field, a cap and | 26 | | upper outer garment of a solid blaze orange color or solid |
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| 1 | | blaze pink color, with
such articles of clothing displaying a | 2 | | minimum of 400 square inches of
blaze orange or solid blaze | 3 | | pink color material.
| 4 | | (gg) It is unlawful during the upland game season for any | 5 | | person to take
upland game with a firearm unless he or she | 6 | | wears, while in the field, a
cap of solid blaze orange color or | 7 | | solid blaze pink color. For purposes of this Act, upland game | 8 | | is
defined as Bobwhite Quail, Hungarian Partridge, Ring-necked | 9 | | Pheasant, Eastern
Cottontail , and Swamp Rabbit.
| 10 | | (hh) It shall be unlawful to kill or cripple any species | 11 | | protected by
this Act for which there is a bag limit without | 12 | | making a reasonable
effort to retrieve such species and | 13 | | include such in the bag limit. It shall be unlawful for any | 14 | | person having control over harvested game mammals, game birds, | 15 | | or migratory game birds for which there is a bag limit to | 16 | | wantonly waste or destroy the usable meat of the game, except | 17 | | this shall not apply to wildlife taken under Sections 2.37 or | 18 | | 3.22 of this Code. For purposes of this subsection, "usable | 19 | | meat" means the breast meat of a game bird or migratory game | 20 | | bird and the hind ham and front shoulders of a game mammal. It | 21 | | shall be unlawful for any person to place, leave, dump, or | 22 | | abandon a wildlife carcass or parts of it along or upon a | 23 | | public right-of-way or highway or on public or private | 24 | | property, including a waterway or stream, without the | 25 | | permission of the owner or tenant. It shall not be unlawful to | 26 | | discard game meat that is determined to be unfit for human |
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| 1 | | consumption.
| 2 | | (ii) This Section shall apply only to those species | 3 | | protected by this
Act taken within the State. Any species or | 4 | | any parts thereof, legally taken
in and transported from other | 5 | | states or countries, may be possessed
within the State, except | 6 | | as provided in this Section and Sections 2.35, 2.36 ,
and 3.21.
| 7 | | (jj) (Blank).
| 8 | | (kk) Nothing contained in this Section shall prohibit the | 9 | | Director
from issuing permits to paraplegics or to other | 10 | | persons with disabilities who meet the
requirements set forth | 11 | | in administrative rule to shoot or hunt from a vehicle
as | 12 | | provided by that rule, provided that such is otherwise in | 13 | | accord with this
Act.
| 14 | | (ll) Nothing contained in this Act shall prohibit the | 15 | | taking of aquatic
life protected by the Fish and Aquatic Life | 16 | | Code or birds and mammals
protected by this Act, except deer | 17 | | and fur-bearing mammals, from a boat not
camouflaged or | 18 | | disguised to alter its identity or to further provide a place
| 19 | | of concealment and not propelled by sail or mechanical power. | 20 | | However, only
shotguns not larger than 10 gauge nor smaller | 21 | | than .410 bore loaded with not
more than 3 shells of a shot | 22 | | size no larger than lead BB or steel T (.20
diameter) may be | 23 | | used to take species protected by this Act.
| 24 | | (mm) Nothing contained in this Act shall prohibit the use | 25 | | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | 26 | | gauge, with a rifled barrel.
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| 1 | | (nn) It shall be unlawful to possess any species of | 2 | | wildlife or wildlife parts taken unlawfully in Illinois, any | 3 | | other state, or any other country, whether or not the wildlife | 4 | | or wildlife parts are is indigenous to Illinois. For the | 5 | | purposes of this subsection, the statute of limitations for | 6 | | unlawful possession of wildlife or wildlife parts shall not | 7 | | cease until 2 years after the possession has permanently | 8 | | ended. | 9 | | (oo) It is unlawful while deer hunting: | 10 | | (1) to possess or be in close proximity to a rifle that | 11 | | is not centerfire; or | 12 | | (2) to be in possession of or in close proximity to a | 13 | | magazine that is capable of making a rifle not a single | 14 | | shot. | 15 | | (Source: P.A. 102-237, eff. 1-1-22; 102-837, eff. 5-13-22; | 16 | | 102-932, eff. 1-1-23; revised 12-14-22.)
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