Full Text of HB2546 96th General Assembly
HB2546eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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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 Department of Natural Resources | 5 |
| (Conservation) Law of the
Civil Administrative Code of Illinois | 6 |
| is amended by changing Section 805-540 as follows:
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| (20 ILCS 805/805-540) (was 20 ILCS 805/63b2.6)
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| Sec. 805-540. Enforcement of adjoining state's laws. The
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| Director may
grant authority to the officers of any adjoining | 10 |
| state who are authorized and
directed to enforce the laws of | 11 |
| that state relating to the protection of flora
and fauna to | 12 |
| take any of the following actions and have the following powers
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| within the State of Illinois:
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| (1) To follow, seize, and return to the adjoining state | 15 |
| any flora or
fauna or part thereof shipped or taken from | 16 |
| the adjoining state in
violation of the laws of that state | 17 |
| and brought into this State.
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| (2) To dispose of any such flora or fauna or part | 19 |
| thereof under the
supervision of an Illinois Conservation | 20 |
| Police Officer.
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| (3) To enforce as an agent of this State, with the same | 22 |
| powers as an
Illinois Conservation Police Officer, each of | 23 |
| the following laws of this
State:
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| (i) The Illinois Endangered Species Protection | 2 |
| Act.
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| (ii) The Fish and Aquatic Life Code.
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| (iii) The Wildlife Code.
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| (iv) The Wildlife Habitat Management Areas Act.
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| (v) The Hunter and Fishermen Interference | 7 |
| Prohibition Act.
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| (vi) The Illinois Non-Game Wildlife Protection | 9 |
| Act.
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| (vii) The Ginseng Harvesting Act.
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| (viii) The State Forest Act.
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| (ix) The Forest Products Transportation Act.
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| (x) The Timber Buyers Licensing Act.
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| Any officer of an adjoining state acting under a power or | 15 |
| authority granted
by the Director pursuant to this
Section | 16 |
| shall act without compensation or other benefits from this | 17 |
| State and
without this State having any liability for the acts | 18 |
| or omissions of that
officer.
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| (Source: P.A. 91-239, eff. 1-1-00.)
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| Section 10. The Hunter Interference Prohibition Act is | 21 |
| amended by changing Sections 0.01, 1, 2, and 4 as follows:
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| (720 ILCS 125/0.01) (from Ch. 61, par. 300)
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| Sec. 0.01. Short title. This Act may be cited as the
Hunter | 24 |
| and Fishermen Interference Prohibition Act.
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| (Source: P.A. 86-1324.)
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| (720 ILCS 125/1) (from Ch. 61, par. 301)
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| Sec. 1. Definitions. As used in this Act:
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| "Interfere with" means to take any action that physically | 5 |
| impedes, hinders,
or obstructs the lawful taking of wildlife or | 6 |
| aquatic life a wild animal .
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| "Wildlife" "Wild animal" means any wildlife wild creature | 8 |
| the taking of which is
authorized
by the Wildlife Code Fish and | 9 |
| Aquatic Life Code or the wildlife, fish, and game laws
of this | 10 |
| State and includes those species that are lawfully
released by | 11 |
| properly licensed permittees of the Department of Natural
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| Resources.
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| "Aquatic life" means all fish, reptiles, amphibians, | 14 |
| crayfish, and mussels the taking of which is
authorized
by the | 15 |
| Fish and Aquatic Life Code. | 16 |
| "Taking" means the capture or killing of wildlife or | 17 |
| aquatic life a wild animal and
includes
travel, camping, and | 18 |
| other acts preparatory to taking which occur on lands
or waters | 19 |
| upon which the affected person has the right or privilege to | 20 |
| take
such wildlife or aquatic life wild animal .
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| (Source: P.A. 90-555, eff. 12-12-97.)
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| (720 ILCS 125/2) (from Ch. 61, par. 302)
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| Sec. 2.
Any person who performs any of the following is | 24 |
| guilty of a
Class B misdemeanor:
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| (a) Wilfully obstructs or interferes with the lawful taking | 2 |
| of
wildlife or aquatic life wild animals by another person with | 3 |
| the specific
intent to prevent that lawful taking.
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| (b) (Blank).
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| (c) (Blank).
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| (d) (Blank).
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| A person violates this Section when he or she intentionally | 8 |
| or knowingly
engages in any of the following acts:
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| (1) Drives or disturbs wildlife or aquatic life wild | 10 |
| animals for the purpose of disrupting a lawful
taking of | 11 |
| wildlife or aquatic life wild animals .
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| (2) Blocks, impedes, or physically harasses another | 13 |
| person who is engaged
in the process of lawfully taking | 14 |
| wildlife or aquatic life a wild animal .
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| (3) Uses natural or artificial visual, aural, | 16 |
| olfactory, gustatory, or
physical stimuli to affect | 17 |
| wildlife or aquatic life animal behavior in order to hinder | 18 |
| or prevent the
lawful taking of wildlife or aquatic life a | 19 |
| wild animal .
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| (4) Erects barriers with the intent to deny ingress or | 21 |
| egress to or from
areas where the lawful taking of wildlife | 22 |
| or aquatic life wild animals may occur.
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| (5) Intentionally interjects himself or herself into | 24 |
| the line of fire or fishing lines of a
person lawfully | 25 |
| taking wildlife or aquatic life wild animals .
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| (6) Affects the physical condition or placement of |
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| personal or public
property intended for use in the lawful | 2 |
| taking of wildlife or aquatic life a wild animal in order | 3 |
| to
impair the usefulness of the property or prevent the use | 4 |
| of the property.
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| (7) Enters or remains upon or over private lands | 6 |
| without the permission of
the
owner or the owner's agent, | 7 |
| with the intent to violate this Section.
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| This Section does not apply to actions performed by | 9 |
| authorized employees of
the Department of Natural Resources, | 10 |
| duly accredited officers of the U.S. Fish
and Wildlife Service, | 11 |
| sheriffs, deputy sheriffs, or other peace officers if the
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| actions are authorized by law and are necessary for the | 13 |
| performance of their
official duties.
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| This Section does not apply to landowners, tenants, or | 15 |
| lease holders
exercising their legal rights to the enjoyment of | 16 |
| land, including, but not
limited to, farming and restricting | 17 |
| trespass.
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| It is an affirmative defense to a prosecution for a | 19 |
| violation of this
Section that the defendant's conduct is | 20 |
| protected by his or her right to
freedom of speech under the | 21 |
| constitution of this State or the United States.
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| Any interested parties may engage in protests or other free | 23 |
| speech activities
adjacent to or on the perimeter of the | 24 |
| location where the lawful taking of wildlife or aquatic life | 25 |
| wild
animals is taking place, provided that none of the | 26 |
| provisions of this Section
are being violated.
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| (Source: P.A. 90-555, eff. 12-12-97.)
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| (720 ILCS 125/4) (from Ch. 61, par. 304)
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| Sec. 4.
(a) Any court may enjoin conduct which would be in | 4 |
| violation
of Section 2 of this Act upon petition by a person | 5 |
| affected or who reasonably
may be affected by such conduct, | 6 |
| upon a showing that such conduct is threatened
or that it has | 7 |
| occurred on a particular premises in the past and that it
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| not unreasonable to expect that under similar circumstances it | 9 |
| will be
repeated.
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| (b) A court shall award all resulting costs and damages to | 11 |
| any person
adversely affected by a violation of Section 2, | 12 |
| which may include an award for
punitive damages. In addition to | 13 |
| other items of special damage, the measure of
damages may | 14 |
| include expenditures of the affected person for license and | 15 |
| permit
fees, travel, guides, special equipment and supplies, to | 16 |
| the extent that such
expenditures were rendered futile by | 17 |
| prevention of the taking of wildlife or aquatic life a wild | 18 |
| animal .
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| (c) A court shall revoke, for a period of one year to 5 | 20 |
| years, any Illinois
hunting, fishing, or trapping privilege, | 21 |
| license or permit of any person
convicted of violating any | 22 |
| provision of this Act.
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| (Source: P.A. 88-397.)
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