Illinois General Assembly - Full Text of HB1651
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Full Text of HB1651  98th General Assembly

HB1651ham001 98TH GENERAL ASSEMBLY

Rep. Wayne Rosenthal

Filed: 3/6/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1651

2    AMENDMENT NO. ______. Amend House Bill 1651 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Wildlife Code is amended by changing
5Section 2.33 as follows:
 
6    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
7    Sec. 2.33. Prohibitions.
8    (a) It is unlawful to carry or possess any gun in any State
9refuge unless otherwise permitted by administrative rule.
10    (b) It is unlawful to use or possess any snare or
11snare-like device, deadfall, net, or pit trap to take any
12species, except that snares not powered by springs or other
13mechanical devices may be used to trap fur-bearing mammals, in
14water sets only, if at least one-half of the snare noose is
15located underwater at all times.
16    (c) It is unlawful for any person at any time to take a

 

 

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1wild mammal protected by this Act from its den by means of any
2mechanical device, spade, or digging device or to use smoke or
3other gases to dislodge or remove such mammal except as
4provided in Section 2.37.
5    (d) It is unlawful to use a ferret or any other small
6mammal which is used in the same or similar manner for which
7ferrets are used for the purpose of frightening or driving any
8mammals from their dens or hiding places.
9    (e) (Blank).
10    (f) It is unlawful to use spears, gigs, hooks or any like
11device to take any species protected by this Act.
12    (g) It is unlawful to use poisons, chemicals or explosives
13for the purpose of taking any species protected by this Act.
14    (h) It is unlawful to hunt adjacent to or near any peat,
15grass, brush or other inflammable substance when it is burning.
16    (i) It is unlawful to take, pursue or intentionally harass
17or disturb in any manner any wild birds or mammals by use or
18aid of any vehicle or conveyance, except as permitted by the
19Code of Federal Regulations for the taking of waterfowl. It is
20also unlawful to use the lights of any vehicle or conveyance or
21any light from or any light connected to the vehicle or
22conveyance in any area where wildlife may be found except in
23accordance with Section 2.37 of this Act; however, nothing in
24this Section shall prohibit the normal use of headlamps for the
25purpose of driving upon a roadway. Striped skunk, opossum, red
26fox, gray fox, raccoon and coyote may be taken during the open

 

 

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1season by use of a small light which is worn on the body or
2hand-held by a person on foot and not in any vehicle.
3    (j) It is unlawful to use any shotgun larger than 10 gauge
4while taking or attempting to take any of the species protected
5by this Act.
6    (k) It is unlawful to use or possess in the field any
7shotgun shell loaded with a shot size larger than lead BB or
8steel T (.20 diameter) when taking or attempting to take any
9species of wild game mammals (excluding white-tailed deer),
10wild game birds, migratory waterfowl or migratory game birds
11protected by this Act, except white-tailed deer as provided for
12in Section 2.26 and other species as provided for by subsection
13(l) or administrative rule.
14    (l) It is unlawful to take any species of wild game, except
15white-tailed deer and fur-bearing mammals, with a shotgun
16loaded with slugs unless otherwise provided for by
17administrative rule.
18    (m) It is unlawful to use any shotgun capable of holding
19more than 3 shells in the magazine or chamber combined, except
20on game breeding and hunting preserve areas licensed under
21Section 3.27 and except as permitted by the Code of Federal
22Regulations for the taking of waterfowl. If the shotgun is
23capable of holding more than 3 shells, it shall, while being
24used on an area other than a game breeding and shooting
25preserve area licensed pursuant to Section 3.27, be fitted with
26a one piece plug that is irremovable without dismantling the

 

 

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1shotgun or otherwise altered to render it incapable of holding
2more than 3 shells in the magazine and chamber, combined.
3    (n) It is unlawful for any person, except persons who
4possess a permit to hunt from a vehicle as provided in this
5Section and persons otherwise permitted by law, to have or
6carry any gun in or on any vehicle, conveyance or aircraft,
7unless such gun is unloaded and enclosed in a case, except that
8at field trials authorized by Section 2.34 of this Act,
9unloaded guns or guns loaded with blank cartridges only, may be
10carried on horseback while not contained in a case, or to have
11or carry any bow or arrow device in or on any vehicle unless
12such bow or arrow device is unstrung or enclosed in a case, or
13otherwise made inoperable.
14    (o) It is unlawful to use any crossbow for the purpose of
15taking any wild birds or mammals, except as provided for in
16Section 2.5.
17    (p) It is unlawful to take game birds, migratory game birds
18or migratory waterfowl with a rifle, pistol, revolver or
19airgun.
20    (q) It is unlawful to fire a rifle, pistol, revolver or
21airgun on, over or into any waters of this State, including
22frozen waters.
23    (r) It is unlawful to discharge any gun or bow and arrow
24device along, upon, across, or from any public right-of-way or
25highway in this State.
26    (s) It is unlawful to use a silencer or other device to

 

 

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1muffle or mute the sound of the explosion or report resulting
2from the firing of any gun.
3    (t) It is unlawful for any person to trap or hunt, or
4intentionally or wantonly allow a dog to hunt, within or upon
5the land of another, or upon waters flowing over or standing on
6the land of another, without first obtaining permission from
7the owner or tenant. It shall be prima facie evidence that a
8person does not have permission of the owner or tenant if the
9person is unable to demonstrate to the law enforcement officer
10in the field that permission had been obtained. This provision
11may only be rebutted by testimony of the owner or tenant that
12permission had been given. Before enforcing this Section the
13law enforcement officer must have received notice from the
14owner or tenant of a violation of this Section. Statements made
15to the law enforcement officer regarding this notice shall not
16be rendered inadmissible by the hearsay rule when offered for
17the purpose of showing the required notice.
18    (u) It is unlawful for any person to discharge any firearm
19for the purpose of taking any of the species protected by this
20Act, or hunt with gun or dog, or intentionally or wantonly
21allow a dog to hunt, within 300 yards of an inhabited dwelling
22without first obtaining permission from the owner or tenant,
23except that while trapping, hunting with bow and arrow, hunting
24with dog and shotgun using shot shells only, or hunting with
25shotgun using shot shells only, or on licensed game breeding
26and hunting preserve areas, as defined in Section 3.27, on

 

 

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1property operated under a Migratory Waterfowl Hunting Area
2Permit, on federally owned and managed lands and on Department
3owned, managed, leased or controlled lands, a 100 yard
4restriction shall apply.
5    (v) It is unlawful for any person to remove fur-bearing
6mammals from, or to move or disturb in any manner, the traps
7owned by another person without written authorization of the
8owner to do so.
9    (w) It is unlawful for any owner of a dog to knowingly or
10wantonly allow his or her dog to pursue, harass or kill deer,
11except that nothing in this Section shall prohibit the tracking
12of wounded deer with a dog in accordance with the provisions of
13Section 2.26 of this Code.
14    (x) It is unlawful for any person to wantonly or carelessly
15injure or destroy, in any manner whatsoever, any real or
16personal property on the land of another while engaged in
17hunting or trapping thereon.
18    (y) It is unlawful to hunt wild game protected by this Act
19between one half hour after sunset and one half hour before
20sunrise, except that hunting hours between one half hour after
21sunset and one half hour before sunrise may be established by
22administrative rule for fur-bearing mammals.
23    (z) It is unlawful to take any game bird (excluding wild
24turkeys and crippled pheasants not capable of normal flight and
25otherwise irretrievable) protected by this Act when not flying.
26Nothing in this Section shall prohibit a person from carrying

 

 

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1an uncased, unloaded shotgun in a boat, while in pursuit of a
2crippled migratory waterfowl that is incapable of normal
3flight, for the purpose of attempting to reduce the migratory
4waterfowl to possession, provided that the attempt is made
5immediately upon downing the migratory waterfowl and is done
6within 400 yards of the blind from which the migratory
7waterfowl was downed. This exception shall apply only to
8migratory game birds that are not capable of normal flight.
9Migratory waterfowl that are crippled may be taken only with a
10shotgun as regulated by subsection (j) of this Section using
11shotgun shells as regulated in subsection (k) of this Section.
12    (aa) It is unlawful to use or possess any device that may
13be used for tree climbing or cutting, while hunting fur-bearing
14mammals, excluding coyotes.
15    (bb) It is unlawful for any person, except licensed game
16breeders, pursuant to Section 2.29 to import, carry into, or
17possess alive in this State any species of wildlife taken
18outside of this State, without obtaining permission to do so
19from the Director.
20    (cc) It is unlawful for any person to have in his or her
21possession any freshly killed species protected by this Act
22during the season closed for taking.
23    (dd) It is unlawful to take any species protected by this
24Act and retain it alive except as provided by administrative
25rule.
26    (ee) It is unlawful to possess any rifle while in the field

 

 

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1during gun deer season except as provided in Section 2.26 and
2administrative rules.
3    (ff) It is unlawful for any person to take any species
4protected by this Act, except migratory waterfowl, during the
5gun deer hunting season in those counties open to gun deer
6hunting, unless he or she wears, when in the field, a cap and
7upper outer garment of a solid blaze orange color, with such
8articles of clothing displaying a minimum of 400 square inches
9of blaze orange material.
10    (gg) It is unlawful during the upland game season for any
11person to take upland game with a firearm unless he or she
12wears, while in the field, a cap of solid blaze orange color.
13For purposes of this Act, upland game is defined as Bobwhite
14Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
15Cottontail and Swamp Rabbit.
16    (hh) It shall be unlawful to kill or cripple any species
17protected by this Act for which there is a daily bag limit
18without making a reasonable effort to retrieve such species and
19include such in the daily bag limit.
20    (ii) This Section shall apply only to those species
21protected by this Act taken within the State. Any species or
22any parts thereof, legally taken in and transported from other
23states or countries, may be possessed within the State, except
24as provided in this Section and Sections 2.35, 2.36 and 3.21.
25    (jj) (Blank).
26    (kk) Nothing contained in this Section shall prohibit the

 

 

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1Director from issuing permits to paraplegics or to other
2disabled persons who meet the requirements set forth in
3administrative rule to shoot or hunt from a vehicle as provided
4by that rule, provided that such is otherwise in accord with
5this Act.
6    (ll) Nothing contained in this Act shall prohibit the
7taking of aquatic life protected by the Fish and Aquatic Life
8Code or birds and mammals protected by this Act, except deer
9and fur-bearing mammals, from a boat not camouflaged or
10disguised to alter its identity or to further provide a place
11of concealment and not propelled by sail or mechanical power.
12However, only shotguns not larger than 10 gauge nor smaller
13than .410 bore loaded with not more than 3 shells of a shot
14size no larger than lead BB or steel T (.20 diameter) may be
15used to take species protected by this Act.
16    (mm) Nothing contained in this Act shall prohibit the use
17of a shotgun, not larger than 10 gauge nor smaller than a 20
18gauge, with a rifled barrel.
19(Source: P.A. 96-390, eff. 8-13-09; 97-645, eff. 12-30-11;
2097-907, eff. 8-7-12.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".