Full Text of HB5799 96th General Assembly
HB5799ham001 96TH GENERAL ASSEMBLY
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Agriculture & Conservation Committee
Filed: 3/9/2010
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09600HB5799ham001 |
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LRB096 19043 JDS 38275 a |
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| AMENDMENT TO HOUSE BILL 5799
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| AMENDMENT NO. ______. Amend House Bill 5799 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Wildlife Code is amended by changing | 5 |
| Sections 2.33 and 3.5 as follows:
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| (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
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| Sec. 2.33. Prohibitions.
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| (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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| (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.
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| (c) It is unlawful for any person at any time to take a |
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| wild mammal
protected by this Act from its den by means of any | 2 |
| mechanical device,
spade, or digging device or to use smoke or | 3 |
| other gases to dislodge or
remove such mammal except as | 4 |
| provided in Section 2.37.
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| (d) It is unlawful to use a ferret or any other small | 6 |
| mammal which is
used in the same or similar manner for which | 7 |
| ferrets are used for the
purpose of frightening or driving any | 8 |
| mammals from their dens or hiding places.
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| (e) (Blank).
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| (f) It is unlawful to use spears, gigs, hooks or any like | 11 |
| device to
take any species protected by this Act.
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| (g) It is unlawful to use poisons, chemicals or explosives | 13 |
| for the
purpose of taking any species protected by this Act.
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| (h) It is unlawful to hunt adjacent to or near any peat, | 15 |
| grass,
brush or other inflammable substance when it is burning.
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| (i) It is unlawful to take, pursue or intentionally harass | 17 |
| or disturb
in any manner any wild birds or mammals by use or | 18 |
| aid of any vehicle or
conveyance, except as permitted by the | 19 |
| Code of Federal Regulations for the
taking of waterfowl. It is | 20 |
| also unlawful to use the lights of any vehicle
or conveyance or | 21 |
| any light from or any light connected to the
vehicle or | 22 |
| conveyance in any area where wildlife may be found except in
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| accordance with Section 2.37 of this Act; however, nothing in | 24 |
| this
Section shall prohibit the normal use of headlamps for the | 25 |
| purpose of driving
upon a roadway. Striped skunk, opossum, red | 26 |
| fox, gray
fox, raccoon and coyote may be taken during the open |
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| season by use of a small
light which is worn on the body or | 2 |
| hand-held by a person on foot and not in any
vehicle.
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| (j) It is unlawful to use any shotgun larger than 10 gauge | 4 |
| while
taking or attempting to take any of the species protected | 5 |
| by this Act.
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| (k) It is unlawful to use or possess in the field any | 7 |
| shotgun shell loaded
with a shot size larger than lead BB or | 8 |
| steel T (.20 diameter) when taking or
attempting to take any | 9 |
| species of wild game mammals (excluding white-tailed
deer), | 10 |
| wild game birds, migratory waterfowl or migratory game birds | 11 |
| protected
by this Act, except white-tailed deer as provided for | 12 |
| in Section 2.26 and other
species as provided for by subsection | 13 |
| (l) or administrative rule.
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| (l) It is unlawful to take any species of wild game, except
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| white-tailed deer, with a shotgun loaded with slugs unless | 16 |
| otherwise
provided for by administrative rule.
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| (m) It is unlawful to use any shotgun capable of holding | 18 |
| more than 3
shells in the magazine or chamber combined, except | 19 |
| on game breeding and
hunting preserve areas licensed under | 20 |
| Section 3.27 and except as permitted by
the Code of Federal | 21 |
| Regulations for the taking of waterfowl. If the shotgun
is | 22 |
| capable of holding more than 3 shells, it shall, while being | 23 |
| used on an
area other than a game breeding and shooting | 24 |
| preserve area licensed
pursuant to Section 3.27, be fitted with | 25 |
| a one piece plug that is
irremovable without dismantling the | 26 |
| shotgun or otherwise altered to
render it incapable of holding |
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| more than 3 shells in the magazine and
chamber, combined.
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| (n) It is unlawful for any person, except persons who | 3 |
| possess a permit to
hunt from a vehicle as provided in this | 4 |
| Section and persons otherwise permitted
by law, to have or | 5 |
| carry any gun in or on any vehicle, conveyance or aircraft,
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| unless such gun is unloaded and enclosed in a case, except that | 7 |
| at field trials
authorized by Section 2.34 of this Act, | 8 |
| unloaded guns or guns loaded with blank
cartridges only, may be | 9 |
| carried on horseback while not contained in a case, or
to have | 10 |
| or carry any bow or arrow device in or on any vehicle unless | 11 |
| such bow
or arrow device is unstrung or enclosed in a case, or | 12 |
| otherwise made
inoperable.
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| (o) It is unlawful to use any crossbow for the purpose of | 14 |
| taking any
wild birds or mammals, except as provided for in | 15 |
| Section 2.33.
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| (p) It is unlawful to take game birds, migratory game birds | 17 |
| or
migratory waterfowl with a rifle, pistol, revolver or | 18 |
| airgun.
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| (q) It is unlawful to fire a rifle, pistol, revolver or | 20 |
| airgun on,
over or into any waters of this State, including | 21 |
| frozen waters.
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| (r) It is unlawful to discharge any gun or bow and arrow | 23 |
| device
along, upon, across, or from any public right-of-way or | 24 |
| highway in this State.
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| (s) It is unlawful to use a silencer or other device to | 26 |
| muffle or
mute the sound of the explosion or report resulting |
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| from the firing of
any gun.
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| (t) It is unlawful for any person to trap or hunt, or | 3 |
| intentionally or wantonly allow a dog to
hunt, within or upon | 4 |
| the land of another, or upon waters flowing over or
standing on | 5 |
| the land of another, without first obtaining permission from
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| the owner or tenant. It shall be prima facie evidence that a | 7 |
| person does
not have permission of the owner or tenant if the | 8 |
| person is unable to
demonstrate to the law enforcement officer | 9 |
| in the field that permission had
been obtained. This provision | 10 |
| may only be rebutted by testimony of the
owner or tenant that | 11 |
| permission had been given. Before enforcing this
Section the | 12 |
| law enforcement officer must have received notice from the
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| owner or tenant of a violation of this Section. Statements made | 14 |
| to the
law enforcement officer regarding this notice shall not | 15 |
| be rendered
inadmissible by the hearsay rule when offered for | 16 |
| the purpose of showing the
required notice.
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| (t-5) It is unlawful for any person to trap within or upon | 18 |
| the land of another, or upon waters flowing over or
standing on | 19 |
| the land of another, without first obtaining permission from
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| the owner or tenant. It shall be prima facie evidence that a | 21 |
| person does
not have permission of the owner or tenant if the | 22 |
| person was unable to
demonstrate to the law enforcement officer | 23 |
| in the field that permission had
been obtained. This provision | 24 |
| may only be rebutted by testimony of the
owner or tenant that | 25 |
| permission had been given. Before enforcing this
subsection, | 26 |
| the law enforcement officer must have received notice from the
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| owner or tenant of a violation of this subsection. Statements | 2 |
| made to the
law enforcement officer regarding this notice shall | 3 |
| not be rendered
inadmissible by the hearsay rule when offered | 4 |
| for the purpose of showing the
required notice. | 5 |
| (u) It is unlawful for any person to discharge any firearm | 6 |
| for the purpose
of taking any of the species protected by this | 7 |
| Act, or hunt with gun or
dog, or intentionally or wantonly | 8 |
| allow a dog to hunt, within 300 yards of an inhabited dwelling | 9 |
| without
first obtaining permission from the owner or tenant, | 10 |
| except that , while
trapping, hunting with bow and arrow, | 11 |
| hunting with dog and shotgun using shot
shells only, or hunting | 12 |
| with shotgun using shot shells only, or
on licensed game | 13 |
| breeding and hunting preserve areas, as defined in Section
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| 3.27, on property operated under a Migratory Waterfowl Hunting | 15 |
| Area Permit, on
federally owned and managed lands , and on | 16 |
| Department owned, managed, leased , or
controlled lands, a | 17 |
| 100 - yard restriction shall apply.
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| (u-5) It is unlawful for any person to trap within 100 | 19 |
| yards of an inhabited dwelling without
first obtaining | 20 |
| permission from the owner or tenant. | 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.
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| (w) It is unlawful for any owner of a dog to knowingly or | 26 |
| wantonly allow
his or her dog to pursue, harass or kill deer, |
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| except that nothing in this Section shall prohibit the tracking | 2 |
| of wounded deer with a dog in accordance with the provisions of | 3 |
| Section 2.26 of this Code.
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| (x) It is unlawful for any person to wantonly or carelessly | 5 |
| injure
or destroy, in any manner whatsoever, any real or | 6 |
| personal property on
the land of another while engaged in | 7 |
| hunting or trapping thereon.
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| (y) It is unlawful to hunt wild game protected by this Act | 9 |
| between one
half hour after sunset and one half hour before | 10 |
| sunrise, except that
hunting hours between one half hour after | 11 |
| sunset and one half hour
before sunrise may be established by | 12 |
| administrative rule for fur-bearing
mammals.
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| (z) It is unlawful to take any game bird (excluding wild | 14 |
| turkeys and
crippled pheasants not capable of normal flight and | 15 |
| otherwise irretrievable)
protected by this Act when not flying. | 16 |
| Nothing in this Section shall prohibit
a person from carrying | 17 |
| an uncased, unloaded shotgun in a boat, while in pursuit
of a | 18 |
| crippled migratory waterfowl that is incapable of normal | 19 |
| flight, for the
purpose of attempting to reduce the migratory | 20 |
| waterfowl to possession, provided
that the attempt is made | 21 |
| immediately upon downing the migratory waterfowl and
is done | 22 |
| within 400 yards of the blind from which the migratory | 23 |
| waterfowl was
downed. This exception shall apply only to | 24 |
| migratory game birds that are not
capable of normal flight. | 25 |
| Migratory waterfowl that are crippled may be taken
only with a | 26 |
| shotgun as regulated by subsection (j) of this Section using
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| shotgun shells as regulated in subsection (k) of this Section.
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| (aa) It is unlawful to use or possess any device that may | 3 |
| be used for
tree climbing or cutting, while hunting fur-bearing | 4 |
| mammals, excluding coyotes.
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| (bb) It is unlawful for any person, except licensed game | 6 |
| breeders,
pursuant to Section 2.29 to import, carry into, or | 7 |
| possess alive in this
State any species of wildlife taken | 8 |
| outside of this State, without
obtaining permission to do so | 9 |
| from the Director.
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| (cc) It is unlawful for any person to have in his or her
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| possession any freshly killed species protected by this Act | 12 |
| during the season
closed for taking.
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| (dd) It is unlawful to take any species protected by this | 14 |
| Act and retain
it alive except as provided by administrative | 15 |
| rule.
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| (ee) It is unlawful to possess any rifle while in the field | 17 |
| during gun
deer season except as provided in Section 2.26 and | 18 |
| administrative rules.
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| (ff) It is unlawful for any person to take any species | 20 |
| protected by
this Act, except migratory waterfowl, during the | 21 |
| gun deer hunting season in
those counties open to gun deer | 22 |
| hunting, unless he or she wears, when in
the field, a cap and | 23 |
| upper outer garment of a solid blaze orange color, with
such | 24 |
| articles of clothing displaying a minimum of 400 square inches | 25 |
| of
blaze orange material.
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| (gg) It is unlawful during the upland game season for any |
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| person to take
upland game with a firearm unless he or she | 2 |
| wears, while in the field, a
cap of solid blaze orange color. | 3 |
| For purposes of this Act, upland game is
defined as Bobwhite | 4 |
| Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
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| Cottontail and Swamp Rabbit.
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| (hh) It shall be unlawful to kill or cripple any species | 7 |
| protected by
this Act for which there is a daily bag limit | 8 |
| without making a reasonable
effort to retrieve such species and | 9 |
| include such in the daily bag limit.
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| (ii) This Section shall apply only to those species | 11 |
| protected by this
Act taken within the State. Any species or | 12 |
| any parts thereof, legally taken
in and transported from other | 13 |
| states or countries, may be possessed
within the State, except | 14 |
| as provided in this Section and Sections 2.35, 2.36
and 3.21.
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| (jj) Nothing contained in this Section shall prohibit the | 16 |
| use of bow
and arrow, prohibit the use of a crossbow by persons | 17 |
| age 62 or older, or prevent the Director from issuing permits | 18 |
| to use a crossbow
to handicapped persons as provided by | 19 |
| administrative rule. As used herein,
"handicapped persons" | 20 |
| means those persons who have a permanent physical
impairment | 21 |
| due to injury or disease, congenital or acquired, which renders
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| them so severely disabled as to be unable to use a conventional | 23 |
| bow and arrow
device. Permits will be issued only after the | 24 |
| receipt of a physician's
statement confirming the applicant is | 25 |
| handicapped as defined above.
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| (kk) Nothing contained in this Section shall prohibit the |
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| Director
from issuing permits to paraplegics or to other | 2 |
| disabled persons who meet the
requirements set forth in | 3 |
| administrative rule to shoot or hunt from a vehicle
as provided | 4 |
| by that rule, provided that such is otherwise in accord with | 5 |
| this
Act.
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| (ll) Nothing contained in this Act shall prohibit the | 7 |
| taking of aquatic
life protected by the Fish and Aquatic Life | 8 |
| Code or birds and mammals
protected by this Act, except deer | 9 |
| and fur-bearing mammals, from a boat not
camouflaged or | 10 |
| disguised to alter its identity or to further provide a place
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| of concealment and not propelled by sail or mechanical power. | 12 |
| However, only
shotguns not larger than 10 gauge nor smaller | 13 |
| than .410 bore loaded with not
more than 3 shells of a shot | 14 |
| size no larger than lead BB or steel T (.20
diameter) may be | 15 |
| used to take species protected by this Act.
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| (mm) Nothing contained in this Act shall prohibit the use | 17 |
| of a shotgun,
not larger than 10 gauge nor smaller than a 20 | 18 |
| gauge, with a rifled barrel.
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| (Source: P.A. 95-196, eff. 1-1-08; 95-329, eff. 8-21-07; | 20 |
| 95-876, eff. 8-21-08; 96-390, eff. 8-13-09.)
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| (520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
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| Sec. 3.5. Penalties; probation.
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| (a) Any person who violates any of the provisions of | 24 |
| Section
2.36a,
including administrative rules, shall be guilty | 25 |
| of a Class 3 felony, except
as otherwise provided in subsection |
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| (b) of this Section and subsection (a) of
Section 2.36a.
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| (b) Whenever any person who has not previously been | 3 |
| convicted of, or
placed
on probation or court supervision for, | 4 |
| any offense under Section 1.22,
2.36, or 2.36a or subsection | 5 |
| (i) or (cc) of Section
2.33, the court may, without entering a
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| judgment and with the person's consent, sentence the person to | 7 |
| probation for a
violation of Section 2.36a.
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| (1) When a person is placed on probation, the court | 9 |
| shall enter an order
specifying a period of probation of 24 | 10 |
| months and shall defer further
proceedings in
the case | 11 |
| until the conclusion of the period or until the filing of a | 12 |
| petition
alleging violation of a term or condition of | 13 |
| probation.
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| (2) The conditions of probation shall be that the | 15 |
| person:
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| (A) Not violate
any criminal statute of any | 17 |
| jurisdiction.
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| (B) Perform no less than 30 hours of community | 19 |
| service, provided
community
service is available in | 20 |
| the jurisdiction and is funded and approved by the
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| county board.
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| (3) The court may, in addition to other conditions:
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| (A) Require that the person make a report to and | 24 |
| appear in person before
or participate with the
court | 25 |
| or courts, person, or social service agency as directed | 26 |
| by the
court in the order of probation.
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| (B) Require that the person pay a fine and costs.
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| (C) Require that the person refrain from | 3 |
| possessing a firearm or other
dangerous weapon.
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| (D) Prohibit the person from associating with any | 5 |
| person who is actively
engaged in any of the activities | 6 |
| regulated by the permits issued or privileges
granted | 7 |
| by the Department of Natural Resources.
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| (4) Upon violation of a term or condition of probation, | 9 |
| the
court
may enter a judgment on its original finding of | 10 |
| guilt and proceed as otherwise
provided.
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| (5) Upon fulfillment of the terms and
conditions of | 12 |
| probation, the court shall discharge the person and dismiss
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| the proceedings against the person.
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| (6) A disposition of probation is considered to be a | 15 |
| conviction
for the purposes of imposing the conditions of | 16 |
| probation, for appeal, and for
administrative revocation | 17 |
| and suspension of licenses and privileges;
however, | 18 |
| discharge and dismissal under this Section is not a | 19 |
| conviction for
purposes of disqualification or | 20 |
| disabilities imposed by law upon conviction of
a crime.
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| (7) Discharge and dismissal under this Section
may | 22 |
| occur only once
with respect to any person.
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| (8) If a person is convicted of an offense under this
| 24 |
| Act within 5 years
subsequent to a discharge and dismissal | 25 |
| under this Section, the discharge and
dismissal under this | 26 |
| Section shall be admissible in the sentencing proceeding
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| for that conviction
as a factor in aggravation.
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| (9) The Circuit Clerk shall notify the Department of | 3 |
| State Police of all
persons convicted of or placed under | 4 |
| probation for violations of Section
2.36a.
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| (c) Any person who violates any of the provisions of | 6 |
| Sections 2.9, 2.11,
2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, | 7 |
| 2.31 (except while trapping) , 2.32, 2.33 (except
subsections | 8 |
| (g), (i), (o), (p), (t-5), (u-5), (y), and (cc)), 2.33-1, | 9 |
| 2.33a, 3.3,
3.4, 3.11 through 3.16, 3.19, 3.20, 3.21
(except | 10 |
| subsections (b), (c), (d), (e), (f), (f.5), (g), (h), and (i)), | 11 |
| 3.24, 3.25, and 3.26 (except subsection (f)), including | 12 |
| administrative
rules, shall be guilty of a Class B misdemeanor.
| 13 |
| A person who violates Section 2.33b by using any computer | 14 |
| software or service to remotely control a weapon that takes | 15 |
| wildlife by remote operation is guilty of a Class B | 16 |
| misdemeanor. A person who violates Section 2.33b by | 17 |
| facilitating a violation of Section 2.33b, including an owner | 18 |
| of land in which remote control hunting occurs, a computer | 19 |
| programmer who designs a program or software to facilitate | 20 |
| remote control hunting, or a person who provides weapons or | 21 |
| equipment to facilitate remote control hunting, is guilty of a | 22 |
| Class A misdemeanor. | 23 |
| Any person who violates any of the
provisions of Sections | 24 |
| 1.22,
2.4, 2.36 and 2.38, including administrative rules, shall | 25 |
| be guilty of a
Class A misdemeanor. Any second or subsequent | 26 |
| violations of Sections
2.4 and 2.36 shall be a Class 4 felony.
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| Any person who violates any of the provisions of this Act, | 2 |
| including
administrative rules, during such period when his | 3 |
| license, privileges, or
permit is revoked or denied by virtue | 4 |
| of Section 3.36, shall be guilty of a
Class A misdemeanor.
| 5 |
| Any person who violates subsection (g), (i), (o), (p), (y), | 6 |
| or (cc)
of Section 2.33 shall be guilty of a Class A | 7 |
| misdemeanor and subject to a
fine of no less than $500 and no | 8 |
| more than $5,000 in addition to other
statutory penalties. In | 9 |
| addition, the Department shall suspend the privileges, under | 10 |
| this Act, of any person found guilty of violating Section | 11 |
| 2.33(cc) for a period of not less than one year.
| 12 |
| Any person who violates Section 2.31 while trapping or | 13 |
| subsection (t-5) or (u-5) of Section 2.33 shall be guilty of a | 14 |
| Class B misdemeanor. Any person who violates Section 2.31 while | 15 |
| trapping or subsection (t-5) or (u-5) of Section 2.33 and who, | 16 |
| during the commission of that offense, also kills or injures a | 17 |
| pet, sporting, or working dog shall be guilty of a Class B | 18 |
| misdemeanor for which a fine of at least $150 must be imposed. | 19 |
| Any person who violates any other of
the provisions of this | 20 |
| Act
including administrative rules, unless otherwise stated, | 21 |
| shall be
guilty of a petty offense. Offenses committed by | 22 |
| minors under the
direct control or with the consent of a parent | 23 |
| or guardian may subject
the parent or guardian to the penalties | 24 |
| prescribed in this Section.
| 25 |
| In addition to any fines imposed pursuant to the provisions | 26 |
| of this
Section or as otherwise provided in this Act, any |
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| person found guilty of
unlawfully taking or possessing any | 2 |
| species protected by this Act, shall be
assessed a civil | 3 |
| penalty for such species in accordance with the values
| 4 |
| prescribed in Section 2.36a of this Act. This civil penalty | 5 |
| shall be
imposed by the Circuit Court for the county within | 6 |
| which the offense was
committed at the time of the conviction. | 7 |
| All penalties provided for in
this Section shall be remitted to | 8 |
| the Department in accordance with the
same provisions provided | 9 |
| for in Section 1.18 of this Act.
| 10 |
| (Source: P.A. 94-222, eff. 7-14-05; 95-13, eff. 1-1-08; 95-196, | 11 |
| eff. 1-1-08; 95-283, eff. 8-20-07; 95-876, eff. 8-21-08.)
| 12 |
| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.".
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