Illinois General Assembly - Full Text of HB2873
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Full Text of HB2873  98th General Assembly

HB2873 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2873

 

Introduced , by Rep. Brad E. Halbrook

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/2.33  from Ch. 61, par. 2.33

    Amends the Wildlife Code. Provides that it shall be unlawful for any person to hunt within 50 yards of a property line without first obtaining written permission from the adjacent property owner or tenant. Provides that it shall be prima facie evidence that a person does not have permission of the adjacent owner or tenant if the person is unable to demonstrate to a law enforcement officer in the field that permission has been obtained and it may only be rebutted by testimony of the owner or tenant that permission has been given. Effective immediately.


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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,
3represented in the General Assembly:
 
4    Section 5. The Wildlife Code is amended by changing Section
52.33 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
17wild mammal protected by this Act from its den by means of any
18mechanical device, spade, or digging device or to use smoke or
19other gases to dislodge or remove such mammal except as
20provided in Section 2.37.
21    (d) It is unlawful to use a ferret or any other small
22mammal which is used in the same or similar manner for which
23ferrets are used for the purpose of frightening or driving any

 

 

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1mammals from their dens or hiding places.
2    (e) (Blank).
3    (f) It is unlawful to use spears, gigs, hooks or any like
4device to take any species protected by this Act.
5    (g) It is unlawful to use poisons, chemicals or explosives
6for the purpose of taking any species protected by this Act.
7    (h) It is unlawful to hunt adjacent to or near any peat,
8grass, brush or other inflammable substance when it is burning.
9    (i) It is unlawful to take, pursue or intentionally harass
10or disturb in any manner any wild birds or mammals by use or
11aid of any vehicle or conveyance, except as permitted by the
12Code of Federal Regulations for the taking of waterfowl. It is
13also unlawful to use the lights of any vehicle or conveyance or
14any light from or any light connected to the vehicle or
15conveyance in any area where wildlife may be found except in
16accordance with Section 2.37 of this Act; however, nothing in
17this Section shall prohibit the normal use of headlamps for the
18purpose of driving upon a roadway. Striped skunk, opossum, red
19fox, gray fox, raccoon and coyote may be taken during the open
20season by use of a small light which is worn on the body or
21hand-held by a person on foot and not in any vehicle.
22    (j) It is unlawful to use any shotgun larger than 10 gauge
23while taking or attempting to take any of the species protected
24by this Act.
25    (k) It is unlawful to use or possess in the field any
26shotgun shell loaded with a shot size larger than lead BB or

 

 

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1steel T (.20 diameter) when taking or attempting to take any
2species of wild game mammals (excluding white-tailed deer),
3wild game birds, migratory waterfowl or migratory game birds
4protected by this Act, except white-tailed deer as provided for
5in Section 2.26 and other species as provided for by subsection
6(l) or administrative rule.
7    (l) It is unlawful to take any species of wild game, except
8white-tailed deer, with a shotgun loaded with slugs unless
9otherwise provided for by administrative rule.
10    (m) It is unlawful to use any shotgun capable of holding
11more than 3 shells in the magazine or chamber combined, except
12on game breeding and hunting preserve areas licensed under
13Section 3.27 and except as permitted by the Code of Federal
14Regulations for the taking of waterfowl. If the shotgun is
15capable of holding more than 3 shells, it shall, while being
16used on an area other than a game breeding and shooting
17preserve area licensed pursuant to Section 3.27, be fitted with
18a one piece plug that is irremovable without dismantling the
19shotgun or otherwise altered to render it incapable of holding
20more than 3 shells in the magazine and chamber, combined.
21    (n) It is unlawful for any person, except persons who
22possess a permit to hunt from a vehicle as provided in this
23Section and persons otherwise permitted by law, to have or
24carry any gun in or on any vehicle, conveyance or aircraft,
25unless such gun is unloaded and enclosed in a case, except that
26at field trials authorized by Section 2.34 of this Act,

 

 

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1unloaded guns or guns loaded with blank cartridges only, may be
2carried on horseback while not contained in a case, or to have
3or carry any bow or arrow device in or on any vehicle unless
4such bow or arrow device is unstrung or enclosed in a case, or
5otherwise made inoperable.
6    (o) It is unlawful to use any crossbow for the purpose of
7taking any wild birds or mammals, except as provided for in
8Section 2.5.
9    (p) It is unlawful to take game birds, migratory game birds
10or migratory waterfowl with a rifle, pistol, revolver or
11airgun.
12    (q) It is unlawful to fire a rifle, pistol, revolver or
13airgun on, over or into any waters of this State, including
14frozen waters.
15    (r) It is unlawful to discharge any gun or bow and arrow
16device along, upon, across, or from any public right-of-way or
17highway in this State.
18    (s) It is unlawful to use a silencer or other device to
19muffle or mute the sound of the explosion or report resulting
20from the firing of any gun.
21    (t) It is unlawful for any person to trap or hunt, or
22intentionally or wantonly allow a dog to hunt, within or upon
23the land of another, or upon waters flowing over or standing on
24the land of another, without first obtaining permission from
25the owner or tenant. It shall be prima facie evidence that a
26person does not have permission of the owner or tenant if the

 

 

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1person is unable to demonstrate to the law enforcement officer
2in the field that permission had been obtained. This provision
3may only be rebutted by testimony of the owner or tenant that
4permission had been given. Before enforcing this Section the
5law enforcement officer must have received notice from the
6owner or tenant of a violation of this Section. Statements made
7to the law enforcement officer regarding this notice shall not
8be rendered inadmissible by the hearsay rule when offered for
9the purpose of showing the required notice.
10    (u) It is unlawful for any person to discharge any firearm
11for the purpose of taking any of the species protected by this
12Act, or hunt with gun or dog, or intentionally or wantonly
13allow a dog to hunt, within 300 yards of an inhabited dwelling
14without first obtaining permission from the owner or tenant,
15except that while trapping, hunting with bow and arrow, hunting
16with dog and shotgun using shot shells only, or hunting with
17shotgun using shot shells only, or on licensed game breeding
18and hunting preserve areas, as defined in Section 3.27, on
19property operated under a Migratory Waterfowl Hunting Area
20Permit, on federally owned and managed lands and on Department
21owned, managed, leased or controlled lands, a 100 yard
22restriction shall apply.
23    (v) It is unlawful for any person to remove fur-bearing
24mammals from, or to move or disturb in any manner, the traps
25owned by another person without written authorization of the
26owner to do so.

 

 

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1    (w) It is unlawful for any owner of a dog to knowingly or
2wantonly allow his or her dog to pursue, harass or kill deer,
3except that nothing in this Section shall prohibit the tracking
4of wounded deer with a dog in accordance with the provisions of
5Section 2.26 of this Code.
6    (x) It is unlawful for any person to wantonly or carelessly
7injure or destroy, in any manner whatsoever, any real or
8personal property on the land of another while engaged in
9hunting or trapping thereon.
10    (y) It is unlawful to hunt wild game protected by this Act
11between one half hour after sunset and one half hour before
12sunrise, except that hunting hours between one half hour after
13sunset and one half hour before sunrise may be established by
14administrative rule for fur-bearing mammals.
15    (z) It is unlawful to take any game bird (excluding wild
16turkeys and crippled pheasants not capable of normal flight and
17otherwise irretrievable) protected by this Act when not flying.
18Nothing in this Section shall prohibit a person from carrying
19an uncased, unloaded shotgun in a boat, while in pursuit of a
20crippled migratory waterfowl that is incapable of normal
21flight, for the purpose of attempting to reduce the migratory
22waterfowl to possession, provided that the attempt is made
23immediately upon downing the migratory waterfowl and is done
24within 400 yards of the blind from which the migratory
25waterfowl was downed. This exception shall apply only to
26migratory game birds that are not capable of normal flight.

 

 

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1Migratory waterfowl that are crippled may be taken only with a
2shotgun as regulated by subsection (j) of this Section using
3shotgun shells as regulated in subsection (k) of this Section.
4    (aa) It is unlawful to use or possess any device that may
5be used for tree climbing or cutting, while hunting fur-bearing
6mammals, excluding coyotes.
7    (bb) It is unlawful for any person, except licensed game
8breeders, pursuant to Section 2.29 to import, carry into, or
9possess alive in this State any species of wildlife taken
10outside of this State, without obtaining permission to do so
11from the Director.
12    (cc) It is unlawful for any person to have in his or her
13possession any freshly killed species protected by this Act
14during the season closed for taking.
15    (dd) It is unlawful to take any species protected by this
16Act and retain it alive except as provided by administrative
17rule.
18    (ee) It is unlawful to possess any rifle while in the field
19during gun deer season except as provided in Section 2.26 and
20administrative rules.
21    (ff) It is unlawful for any person to take any species
22protected by this Act, except migratory waterfowl, during the
23gun deer hunting season in those counties open to gun deer
24hunting, unless he or she wears, when in the field, a cap and
25upper outer garment of a solid blaze orange color, with such
26articles of clothing displaying a minimum of 400 square inches

 

 

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1of blaze orange material.
2    (gg) It is unlawful during the upland game season for any
3person to take upland game with a firearm unless he or she
4wears, while in the field, a cap of solid blaze orange color.
5For purposes of this Act, upland game is defined as Bobwhite
6Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
7Cottontail and Swamp Rabbit.
8    (hh) It shall be unlawful to kill or cripple any species
9protected by this Act for which there is a daily bag limit
10without making a reasonable effort to retrieve such species and
11include such in the daily bag limit.
12    (ii) This Section shall apply only to those species
13protected by this Act taken within the State. Any species or
14any parts thereof, legally taken in and transported from other
15states or countries, may be possessed within the State, except
16as provided in this Section and Sections 2.35, 2.36 and 3.21.
17    (jj) (Blank).
18    (kk) Nothing contained in this Section shall prohibit the
19Director from issuing permits to paraplegics or to other
20disabled persons who meet the requirements set forth in
21administrative rule to shoot or hunt from a vehicle as provided
22by that rule, provided that such is otherwise in accord with
23this Act.
24    (ll) Nothing contained in this Act shall prohibit the
25taking of aquatic life protected by the Fish and Aquatic Life
26Code or birds and mammals protected by this Act, except deer

 

 

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1and fur-bearing mammals, from a boat not camouflaged or
2disguised to alter its identity or to further provide a place
3of concealment and not propelled by sail or mechanical power.
4However, only shotguns not larger than 10 gauge nor smaller
5than .410 bore loaded with not more than 3 shells of a shot
6size no larger than lead BB or steel T (.20 diameter) may be
7used to take species protected by this Act.
8    (mm) Nothing contained in this Act shall prohibit the use
9of a shotgun, not larger than 10 gauge nor smaller than a 20
10gauge, with a rifled barrel.
11    (nn) It shall be unlawful for any person to hunt within 50
12yards of a property line without first obtaining written
13permission from the adjacent property owner or tenant. This
14written permission must be carried by the person while hunting.
15It shall be prima facie evidence that a person does not have
16permission of the adjacent owner or tenant if the person is
17unable to demonstrate to a law enforcement officer in the field
18that permission has been obtained. This provision may only be
19rebutted by testimony of the owner or tenant that permission
20has been given. Before enforcing this subsection, the law
21enforcement officer must have received notice from the adjacent
22owner or tenant of a violation. Statements made to the law
23enforcement officer regarding this notice shall be rendered
24inadmissible by the hearsay rule when offered for the purpose
25of showing the required notice.
26(Source: P.A. 96-390, eff. 8-13-09; 97-645, eff. 12-30-11;

 

 

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197-907, eff. 8-7-12.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.