Full Text of SB0044 99th General Assembly
SB0044 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB0044 Introduced 1/15/2015, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: |
| 515 ILCS 5/1-45.5 new | | 515 ILCS 5/1-215 | from Ch. 56, par. 1-215 | 515 ILCS 5/10-80 | from Ch. 56, par. 10-80 | 520 ILCS 5/1.2e-5 new | | 520 ILCS 5/1.25 | from Ch. 61, par. 1.25 | 520 ILCS 5/2.33 | from Ch. 61, par. 2.33 | 520 ILCS 5/3.5 | from Ch. 61, par. 3.5 |
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Amends the Fish and Aquatic Life Code. Defines the term, "Drone". Makes the use of a drone an illegal method of taking fish and aquatic life. Provides that the use of a drone as a fishing device constitutes a public nuisance, making the drone subject to confiscation. Amends the Wildlife Code. Defines the term, "Drone". Prohibits the use of a drone in the taking of wildlife. Provides that the use of a drone as a hunting device constitutes a public nuisance, making the drone subject to confiscation. Penalizes the taking of wildlife by use of a drone as a Class A misdemeanor in addition to other statutory penalties.
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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 Fish and Aquatic Life Code is amended by | 5 | | changing Sections 1-215 and 10-80 and by adding Section 1-45.5 | 6 | | as follows: | 7 | | (515 ILCS 5/1-45.5 new) | 8 | | Sec. 1-45.5. Drone. "Drone" means an unmanned aerial | 9 | | vehicle.
| 10 | | (515 ILCS 5/1-215) (from Ch. 56, par. 1-215)
| 11 | | Sec. 1-215. Illegal fishing devices; public nuisance. | 12 | | Every fishing
device, including seines, nets, or traps, or any | 13 | | electrical device or any
other devices, including vehicles, | 14 | | watercraft, or aircraft, or drones, used or
operated illegally | 15 | | or attempted to be used or operated illegally by any
person in | 16 | | taking, transporting, holding, or conveying any aquatic life
| 17 | | contrary to this Code, including administrative rules, shall be | 18 | | deemed a
public nuisance and therefore illegal and subject to | 19 | | seizure and
confiscation by any authorized employee of the | 20 | | Department. Upon the
seizure of such an item the Department | 21 | | shall take and hold the item until
disposed of as provided in | 22 | | this Code.
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| 1 | | Upon the seizure of any device because of its illegal use, | 2 | | the officer
or authorized employee of the Department making the | 3 | | seizure shall, as soon
as reasonably possible, cause a | 4 | | complaint to be filed before the Circuit
Court and a summons to | 5 | | be issued requiring the owner or person in
possession of the | 6 | | property to appear in court and show cause why the
device | 7 | | seized should not be forfeited to the State. Upon the return of
| 8 | | the summons duly served or upon posting or publication of | 9 | | notice as provided
in this Code, the court shall proceed to | 10 | | determine the question of the
illegality of the use of the | 11 | | seized property. Upon judgment being entered
to the effect that | 12 | | the property was illegally used, an order shall be
entered | 13 | | providing for the forfeiture of the seized property to the | 14 | | State.
The owner of the property, however, may have a jury | 15 | | determine the
illegality of its use, and shall have the right | 16 | | of an appeal as in other
civil cases. Confiscation or | 17 | | forfeiture shall not preclude or mitigate
against prosecution | 18 | | and assessment of penalties provided in Section 20-35
of this | 19 | | Code.
| 20 | | Upon seizure of any property under circumstances | 21 | | supporting a
reasonable belief that the property was abandoned, | 22 | | lost, stolen, or
otherwise illegally possessed or used contrary | 23 | | to this
Code, except property seized during a search or arrest, | 24 | | and ultimately
returned, destroyed, or otherwise disposed of | 25 | | under order of a court
in accordance with this Code, the | 26 | | authorized employee of the Department
shall make reasonable |
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| 1 | | inquiry and efforts to identify and notify the owner
or other | 2 | | person entitled to possession of the property and shall return | 3 | | the
property after the person provides reasonable and | 4 | | satisfactory proof of
his or her ownership or right to | 5 | | possession and reimburses the Department
for all reasonable | 6 | | expenses of custody. If the identity or location of the
owner | 7 | | or other person entitled to possession of the property has not | 8 | | been
ascertained within 6 months after the Department obtains | 9 | | possession, the
Department shall effectuate the sale of the | 10 | | property for cash to the
highest bidder at a public auction. | 11 | | The owner or other person entitled to
possession of the | 12 | | property may claim and recover possession of the
property at | 13 | | any time before its sale at public auction upon providing
| 14 | | reasonable and satisfactory proof of ownership or right of | 15 | | possession and
reimbursing the Department for all reasonable | 16 | | expenses of custody.
| 17 | | Any property forfeited to the State by court order under | 18 | | this Section
may be disposed of by public auction, except that | 19 | | any property that is
the subject of a court order shall not be | 20 | | disposed of pending appeal
of the order. The proceeds of the | 21 | | sales at auction shall be deposited in
the Wildlife and Fish | 22 | | Fund.
| 23 | | The Department shall pay all costs of posting or | 24 | | publication of
notices required by this Section.
| 25 | | (Source: P.A. 87-833.)
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| 1 | | (515 ILCS 5/10-80) (from Ch. 56, par. 10-80)
| 2 | | Sec. 10-80. Illegal methods of taking. It shall be unlawful | 3 | | to take any
aquatic life by the use of electricity or any | 4 | | electrical device; a lime,
acid, medical, chemical, or | 5 | | mechanical compound or dope of any medicated
drug; any drug or | 6 | | any fishberry; any dynamite, giant powder, nitro
glycerine, or | 7 | | other explosives; or by means of a snare, treated grain,
| 8 | | firearms of any kind, air gun or gas gun, wire basket, wire | 9 | | seine, wire
net, wire trotline, or limb lines of any kind ; or | 10 | | by use of a drone .
| 11 | | (Source: P.A. 87-833.)
| 12 | | Section 10. The Wildlife Code is amended by changing | 13 | | Sections 1.25, 2.33, and 3.5 and by adding Section 1.2e-5 as | 14 | | follows: | 15 | | (520 ILCS 5/1.2e-5 new) | 16 | | Sec. 1.2e-5. Drone. "Drone" means an unmanned aerial | 17 | | vehicle.
| 18 | | (520 ILCS 5/1.25) (from Ch. 61, par. 1.25)
| 19 | | Sec. 1.25.
Every hunting or trapping device, drone, vehicle | 20 | | or conveyance, when
used or operated illegally, or attempted to | 21 | | be used or operated illegally
by any person in taking, | 22 | | transporting, holding, or conveying any wild bird
or wild | 23 | | mammal, contrary to the provisions of this Act, including |
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| 1 | | administrative
rules, is a public nuisance and subject to | 2 | | seizure and confiscation by
any authorized employee of the | 3 | | Department; upon the seizure of such item
the Department shall | 4 | | take and hold the same until disposed of as hereinafter | 5 | | provided.
| 6 | | Upon the seizure of any property as herein provided, the | 7 | | authorized employee
of the Department making such seizure shall | 8 | | forthwith cause a complaint
to be filed before the Circuit | 9 | | Court and a summons to be issued requiring
the person who | 10 | | illegally used or operated or attempted to use or operate
such | 11 | | property and the owner and person in possession of such | 12 | | property to
appear in court and show cause why the property | 13 | | seized should not be forfeited
to the State.
Upon the return of | 14 | | the summons duly served or other notice as herein provided,
the | 15 | | court shall proceed to determine the question of the illegality | 16 | | of the
use of the seized property and upon judgment being | 17 | | entered to the effect
that such property was illegally used, an | 18 | | order may be entered providing
for the forfeiture of such | 19 | | seized property to the Department and shall thereupon
become | 20 | | the property of the Department; but the owner of such property | 21 | | may
have a jury determine the illegality of its use, and shall | 22 | | have the right
of an appeal, as in other cases. Such | 23 | | confiscation or forfeiture
shall not preclude or mitigate | 24 | | against prosecution and assessment of penalties
otherwise | 25 | | provided in this Act.
| 26 | | Upon seizure of any property under circumstances |
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| 1 | | supporting a
reasonable belief that such property was | 2 | | abandoned, lost or stolen or
otherwise illegally possessed or | 3 | | used contrary to the provisions of this
Act, except property | 4 | | seized during a search or arrest, and ultimately
returned, | 5 | | destroyed, or otherwise disposed of pursuant to order of a | 6 | | court
in accordance with this Act, the authorized employee of | 7 | | the Department
shall make reasonable inquiry and efforts to | 8 | | identify and notify the owner
or other person entitled to | 9 | | possession thereof, and shall return the
property after such | 10 | | person provides reasonable and satisfactory proof of
his | 11 | | ownership or right to possession and reimburses the Department | 12 | | for all
reasonable expenses of such custody. If the identity or | 13 | | location of the
owner or other person entitled to possession of | 14 | | the property has not been
ascertained within 6 months after the | 15 | | Department obtains such possession,
the Department shall | 16 | | effectuate the sale of the property for cash to the
highest | 17 | | bidder at a public auction. The owner or other person entitled | 18 | | to
possession of such property may claim and recover possession | 19 | | of the
property at any time before its sale at public auction, | 20 | | upon providing
reasonable and satisfactory proof of ownership | 21 | | or right of possession and
reimbursing the Department for all | 22 | | reasonable expenses of custody thereof.
| 23 | | Any property, including guns, forfeited to the State by | 24 | | court order pursuant
to this Section, may be disposed of by | 25 | | public auction, except
that any property which is the subject | 26 | | of such a court order shall not be
disposed of pending appeal |
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| 1 | | of the order. The proceeds of the sales at auction
shall be | 2 | | deposited in the Wildlife and Fish Fund.
| 3 | | The Department shall pay all costs of notices required by | 4 | | this Section.
| 5 | | (Source: P.A. 85-152.)
| 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 | 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 | 24 | | mammals from their dens or hiding places.
| 25 | | (e) (Blank).
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| 1 | | (f) It is unlawful to use spears, gigs, hooks or any like | 2 | | device to
take any species protected by this Act.
| 3 | | (g) It is unlawful to use poisons, chemicals or explosives | 4 | | for the
purpose of taking any species protected by this Act.
| 5 | | (h) It is unlawful to hunt adjacent to or near any peat, | 6 | | grass,
brush or other inflammable substance when it is burning.
| 7 | | (i) It is unlawful to take, pursue or intentionally harass | 8 | | or disturb
in any manner any wild birds or mammals by use or | 9 | | aid of any vehicle or
conveyance, except as permitted by the | 10 | | Code of Federal Regulations for the
taking of waterfowl. It is | 11 | | also unlawful to use the lights of any vehicle
or conveyance or | 12 | | any light from or any light connected to the
vehicle or | 13 | | conveyance in any area where wildlife may be found except in
| 14 | | accordance with Section 2.37 of this Act; however, nothing in | 15 | | this
Section shall prohibit the normal use of headlamps for the | 16 | | purpose of driving
upon a roadway. Striped skunk, opossum, red | 17 | | fox, gray
fox, raccoon and coyote may be taken during the open | 18 | | season by use of a small
light which is worn on the body or | 19 | | hand-held by a person on foot and not in any
vehicle.
| 20 | | (j) It is unlawful to use any shotgun larger than 10 gauge | 21 | | while
taking or attempting to take any of the species protected | 22 | | by this Act.
| 23 | | (k) It is unlawful to use or possess in the field any | 24 | | shotgun shell loaded
with a shot size larger than lead BB or | 25 | | steel T (.20 diameter) when taking or
attempting to take any | 26 | | species of wild game mammals (excluding white-tailed
deer), |
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| 1 | | wild game birds, migratory waterfowl or migratory game birds | 2 | | protected
by this Act, except white-tailed deer as provided for | 3 | | in Section 2.26 and other
species as provided for by subsection | 4 | | (l) or administrative rule.
| 5 | | (l) It is unlawful to take any species of wild game, except
| 6 | | white-tailed deer and fur-bearing mammals, with a shotgun | 7 | | loaded with slugs unless otherwise
provided for by | 8 | | administrative rule.
| 9 | | (m) It is unlawful to use any shotgun capable of holding | 10 | | more than 3
shells in the magazine or chamber combined, except | 11 | | on game breeding and
hunting preserve areas licensed under | 12 | | Section 3.27 and except as permitted by
the Code of Federal | 13 | | Regulations for the taking of waterfowl. If the shotgun
is | 14 | | capable of holding more than 3 shells, it shall, while being | 15 | | used on an
area other than a game breeding and shooting | 16 | | preserve area licensed
pursuant to Section 3.27, be fitted with | 17 | | a one piece plug that is
irremovable without dismantling the | 18 | | shotgun or otherwise altered to
render it incapable of holding | 19 | | more than 3 shells in the magazine and
chamber, combined.
| 20 | | (n) It is unlawful for any person, except persons who | 21 | | possess a permit to
hunt from a vehicle as provided in this | 22 | | Section and persons otherwise permitted
by law, to have or | 23 | | carry any gun in or on any vehicle, conveyance or aircraft,
| 24 | | unless such gun is unloaded and enclosed in a case, except that | 25 | | at field trials
authorized by Section 2.34 of this Act, | 26 | | unloaded guns or guns loaded with blank
cartridges only, may be |
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| 1 | | carried on horseback while not contained in a case, or
to have | 2 | | or carry any bow or arrow device in or on any vehicle unless | 3 | | such bow
or arrow device is unstrung or enclosed in a case, or | 4 | | otherwise made
inoperable.
| 5 | | (o) It is unlawful to use any crossbow for the purpose of | 6 | | taking any
wild birds or mammals, except as provided for in | 7 | | Section 2.5.
| 8 | | (p) It is unlawful to take game birds, migratory game birds | 9 | | or
migratory waterfowl with a rifle, pistol, revolver or | 10 | | airgun.
| 11 | | (q) It is unlawful to fire a rifle, pistol, revolver or | 12 | | airgun on,
over or into any waters of this State, including | 13 | | frozen waters.
| 14 | | (r) It is unlawful to discharge any gun or bow and arrow | 15 | | device
along, upon, across, or from any public right-of-way or | 16 | | highway in this State.
| 17 | | (s) It is unlawful to use a silencer or other device to | 18 | | muffle or
mute the sound of the explosion or report resulting | 19 | | from the firing of
any gun.
| 20 | | (t) It is unlawful for any person to take or attempt to | 21 | | take any species of wildlife or parts thereof, intentionally or | 22 | | wantonly allow a dog to
hunt, within or upon the land of | 23 | | another, or upon waters flowing over or
standing on the land of | 24 | | another, or to knowingly shoot a gun or bow and arrow device at | 25 | | any wildlife physically on or flying over the property of | 26 | | another without first obtaining permission from
the owner or |
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| 1 | | the owner's designee. For the purposes of this Section, the | 2 | | owner's designee means anyone who the owner designates in a | 3 | | written authorization and the authorization must contain (i) | 4 | | the legal or common description of property for such authority | 5 | | is given, (ii) the extent that the owner's designee is | 6 | | authorized to make decisions regarding who is allowed to take | 7 | | or attempt to take any species of wildlife or parts thereof, | 8 | | and (iii) the owner's notarized signature. Before enforcing | 9 | | this
Section the law enforcement officer must have received | 10 | | notice from the
owner or the owner's designee of a violation of | 11 | | this Section. Statements made to the
law enforcement officer | 12 | | regarding this notice shall not be rendered
inadmissible by the | 13 | | hearsay rule when offered for the purpose of showing the
| 14 | | required notice.
| 15 | | (u) It is unlawful for any person to discharge any firearm | 16 | | for the purpose
of taking any of the species protected by this | 17 | | Act, or hunt with gun or
dog, or intentionally or wantonly | 18 | | allow a dog to hunt, within 300 yards of an inhabited dwelling | 19 | | without
first obtaining permission from the owner or tenant, | 20 | | except that while
trapping, hunting with bow and arrow, hunting | 21 | | with dog and shotgun using shot
shells only, or hunting with | 22 | | shotgun using shot shells only, or providing outfitting | 23 | | services under a waterfowl outfitter permit, or
on licensed | 24 | | game breeding and hunting preserve areas, as defined in Section
| 25 | | 3.27, on
federally owned and managed lands and on Department | 26 | | owned, managed, leased, or
controlled lands, a 100 yard |
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| 1 | | restriction shall apply.
| 2 | | (v) It is unlawful for any person to remove fur-bearing | 3 | | mammals from, or
to move or disturb in any manner, the traps | 4 | | owned by another person without
written authorization of the | 5 | | owner to do so.
| 6 | | (w) It is unlawful for any owner of a dog to knowingly or | 7 | | wantonly allow
his or her dog to pursue, harass or kill deer, | 8 | | except that nothing in this Section shall prohibit the tracking | 9 | | of wounded deer with a dog in accordance with the provisions of | 10 | | Section 2.26 of this Code.
| 11 | | (x) It is unlawful for any person to wantonly or carelessly | 12 | | injure
or destroy, in any manner whatsoever, any real or | 13 | | personal property on
the land of another while engaged in | 14 | | hunting or trapping thereon.
| 15 | | (y) It is unlawful to hunt wild game protected by this Act | 16 | | between one
half hour after sunset and one half hour before | 17 | | sunrise, except that
hunting hours between one half hour after | 18 | | sunset and one half hour
before sunrise may be established by | 19 | | administrative rule for fur-bearing
mammals.
| 20 | | (z) It is unlawful to take any game bird (excluding wild | 21 | | turkeys and
crippled pheasants not capable of normal flight and | 22 | | otherwise irretrievable)
protected by this Act when not flying. | 23 | | Nothing in this Section shall prohibit
a person from carrying | 24 | | an uncased, unloaded shotgun in a boat, while in pursuit
of a | 25 | | crippled migratory waterfowl that is incapable of normal | 26 | | flight, for the
purpose of attempting to reduce the migratory |
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| 1 | | waterfowl to possession, provided
that the attempt is made | 2 | | immediately upon downing the migratory waterfowl and
is done | 3 | | within 400 yards of the blind from which the migratory | 4 | | waterfowl was
downed. This exception shall apply only to | 5 | | migratory game birds that are not
capable of normal flight. | 6 | | Migratory waterfowl that are crippled may be taken
only with a | 7 | | shotgun as regulated by subsection (j) of this Section using
| 8 | | shotgun shells as regulated in subsection (k) of this Section.
| 9 | | (aa) It is unlawful to use or possess any device that may | 10 | | be used for
tree climbing or cutting, while hunting fur-bearing | 11 | | mammals, excluding coyotes.
| 12 | | (bb) It is unlawful for any person, except licensed game | 13 | | breeders,
pursuant to Section 2.29 to import, carry into, or | 14 | | possess alive in this
State any species of wildlife taken | 15 | | outside of this State, without
obtaining permission to do so | 16 | | from the Director.
| 17 | | (cc) It is unlawful for any person to have in his or her
| 18 | | possession any freshly killed species protected by this Act | 19 | | during the season
closed for taking.
| 20 | | (dd) It is unlawful to take any species protected by this | 21 | | Act and retain
it alive except as provided by administrative | 22 | | rule.
| 23 | | (ee) It is unlawful to possess any rifle while in the field | 24 | | during gun
deer season except as provided in Section 2.26 and | 25 | | administrative rules.
| 26 | | (ff) It is unlawful for any person to take any species |
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| 1 | | protected by
this Act, except migratory waterfowl, during the | 2 | | gun deer hunting season in
those counties open to gun deer | 3 | | hunting, unless he or she wears, when in
the field, a cap and | 4 | | upper outer garment of a solid blaze orange color, with
such | 5 | | articles of clothing displaying a minimum of 400 square inches | 6 | | of
blaze orange material.
| 7 | | (gg) It is unlawful during the upland game season for any | 8 | | person to take
upland game with a firearm unless he or she | 9 | | wears, while in the field, a
cap of solid blaze orange color. | 10 | | For purposes of this Act, upland game is
defined as Bobwhite | 11 | | Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
| 12 | | Cottontail and Swamp Rabbit.
| 13 | | (hh) It shall be unlawful to kill or cripple any species | 14 | | protected by
this Act for which there is a bag limit without | 15 | | making a reasonable
effort to retrieve such species and include | 16 | | such in the bag limit. It shall be unlawful for any person | 17 | | having control over harvested game mammals, game birds, or | 18 | | migratory game birds for which there is a bag limit to wantonly | 19 | | waste or destroy the usable meat of the game, except this shall | 20 | | not apply to wildlife taken under Sections 2.37 or 3.22 of this | 21 | | Code. For purposes of this subsection, "usable meat" means the | 22 | | breast meat of a game bird or migratory game bird and the hind | 23 | | ham and front shoulders of a game mammal. It shall be unlawful | 24 | | for any person to place, leave, dump, or abandon a wildlife | 25 | | carcass or parts of it along or upon a public right-of-way or | 26 | | highway or on public or private property, including a waterway |
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| 1 | | or stream, without the permission of the owner or tenant. It | 2 | | shall not be unlawful to discard game meat that is determined | 3 | | to be unfit for human consumption.
| 4 | | (ii) This Section shall apply only to those species | 5 | | protected by this
Act taken within the State. Any species or | 6 | | any parts thereof, legally taken
in and transported from other | 7 | | states or countries, may be possessed
within the State, except | 8 | | as provided in this Section and Sections 2.35, 2.36
and 3.21.
| 9 | | (jj) (Blank).
| 10 | | (kk) Nothing contained in this Section shall prohibit the | 11 | | Director
from issuing permits to paraplegics or to other | 12 | | disabled persons who meet the
requirements set forth in | 13 | | administrative rule to shoot or hunt from a vehicle
as provided | 14 | | by that rule, provided that such is otherwise in accord with | 15 | | this
Act.
| 16 | | (ll) Nothing contained in this Act shall prohibit the | 17 | | taking of aquatic
life protected by the Fish and Aquatic Life | 18 | | Code or birds and mammals
protected by this Act, except deer | 19 | | and fur-bearing mammals, from a boat not
camouflaged or | 20 | | disguised to alter its identity or to further provide a place
| 21 | | of concealment and not propelled by sail or mechanical power. | 22 | | However, only
shotguns not larger than 10 gauge nor smaller | 23 | | than .410 bore loaded with not
more than 3 shells of a shot | 24 | | size no larger than lead BB or steel T (.20
diameter) may be | 25 | | used to take species protected by this Act.
| 26 | | (mm) Nothing contained in this Act shall prohibit the use |
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| 1 | | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | 2 | | gauge, with a rifled barrel.
| 3 | | (nn) It shall be unlawful to possess any species of | 4 | | wildlife or wildlife parts taken unlawfully in Illinois, any | 5 | | other state, or any other country, whether or not the wildlife | 6 | | or wildlife parts is indigenous to Illinois. For the purposes | 7 | | of this subsection, the statute of limitations for unlawful | 8 | | possession of wildlife or wildlife parts shall not cease until | 9 | | 2 years after the possession has permanently ended. | 10 | | (oo) It shall be unlawful to use a drone to take any | 11 | | species of wildlife protected by this Act. | 12 | | (Source: P.A. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12; | 13 | | 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14; | 14 | | 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, eff. | 15 | | 1-1-15 .)
| 16 | | (520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
| 17 | | Sec. 3.5. Penalties; probation.
| 18 | | (a) Any person who violates any of the provisions of | 19 | | Section
2.36a,
including administrative rules, shall be guilty | 20 | | of a Class 3 felony, except
as otherwise provided in subsection | 21 | | (b) of this Section and subsection (a) of
Section 2.36a.
| 22 | | (b) Whenever any person who has not previously been | 23 | | convicted of, or
placed
on probation or court supervision for, | 24 | | any offense under Section 1.22,
2.36, or 2.36a or subsection | 25 | | (i) or (cc) of Section
2.33, the court may, without entering a
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| 1 | | judgment and with the person's consent, sentence the person to | 2 | | probation for a
violation of Section 2.36a.
| 3 | | (1) When a person is placed on probation, the court | 4 | | shall enter an order
specifying a period of probation of 24 | 5 | | months and shall defer further
proceedings in
the case | 6 | | until the conclusion of the period or until the filing of a | 7 | | petition
alleging violation of a term or condition of | 8 | | probation.
| 9 | | (2) The conditions of probation shall be that the | 10 | | person:
| 11 | | (A) Not violate
any criminal statute of any | 12 | | jurisdiction.
| 13 | | (B) Perform no less than 30 hours of community | 14 | | service, provided
community
service is available in | 15 | | the jurisdiction and is funded and approved by the
| 16 | | county board.
| 17 | | (3) The court may, in addition to other conditions:
| 18 | | (A) Require that the person make a report to and | 19 | | appear in person before
or participate with the
court | 20 | | or courts, person, or social service agency as directed | 21 | | by the
court in the order of probation.
| 22 | | (B) Require that the person pay a fine and costs.
| 23 | | (C) Require that the person refrain from | 24 | | possessing a firearm or other
dangerous weapon.
| 25 | | (D) Prohibit the person from associating with any | 26 | | person who is actively
engaged in any of the activities |
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| 1 | | regulated by the permits issued or privileges
granted | 2 | | by the Department of Natural Resources.
| 3 | | (4) Upon violation of a term or condition of probation, | 4 | | the
court
may enter a judgment on its original finding of | 5 | | guilt and proceed as otherwise
provided.
| 6 | | (5) Upon fulfillment of the terms and
conditions of | 7 | | probation, the court shall discharge the person and dismiss
| 8 | | the proceedings against the person.
| 9 | | (6) A disposition of probation is considered to be a | 10 | | conviction
for the purposes of imposing the conditions of | 11 | | probation, for appeal, and for
administrative revocation | 12 | | and suspension of licenses and privileges;
however, | 13 | | discharge and dismissal under this Section is not a | 14 | | conviction for
purposes of disqualification or | 15 | | disabilities imposed by law upon conviction of
a crime.
| 16 | | (7) Discharge and dismissal under this Section
may | 17 | | occur only once
with respect to any person.
| 18 | | (8) If a person is convicted of an offense under this
| 19 | | Act within 5 years
subsequent to a discharge and dismissal | 20 | | under this Section, the discharge and
dismissal under this | 21 | | Section shall be admissible in the sentencing proceeding
| 22 | | for that conviction
as a factor in aggravation.
| 23 | | (9) The Circuit Clerk shall notify the Department of | 24 | | State Police of all
persons convicted of or placed under | 25 | | probation for violations of Section
2.36a.
| 26 | | (c) Any person who violates any of the provisions of |
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| 1 | | Sections 2.9, 2.11,
2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, | 2 | | 2.31, 2.32, 2.33 (except
subsections (g), (i), (o), (p), (y), | 3 | | and (cc) , and (oo) ), 2.33-1, 2.33a, 3.3,
3.4, 3.11 through | 4 | | 3.16, 3.19, 3.20, 3.21
(except subsections (b), (c), (d), (e), | 5 | | (f), (f.5), (g), (h), and (i)), 3.24, 3.25, and 3.26 (except | 6 | | subsection (f)), including administrative
rules, shall be | 7 | | guilty of a Class B misdemeanor.
| 8 | | A person who violates Section 2.33b by using any computer | 9 | | software or service to remotely control a weapon that takes | 10 | | wildlife by remote operation is guilty of a Class B | 11 | | misdemeanor. A person who violates Section 2.33b by | 12 | | facilitating a violation of Section 2.33b, including an owner | 13 | | of land in which remote control hunting occurs, a computer | 14 | | programmer who designs a program or software to facilitate | 15 | | remote control hunting, or a person who provides weapons or | 16 | | equipment to facilitate remote control hunting, is guilty of a | 17 | | Class A misdemeanor. | 18 | | Any person who violates any of the
provisions of Sections | 19 | | 1.22, 2.2a, 2.3,
2.4, 2.36 and 2.38, including administrative | 20 | | rules, shall be guilty of a
Class A misdemeanor. Any second or | 21 | | subsequent violations of Sections
2.4 and 2.36 shall be a Class | 22 | | 4 felony.
| 23 | | Any person who violates any of the provisions of this Act, | 24 | | including
administrative rules, during such period when his | 25 | | license, privileges, or
permit is revoked or denied by virtue | 26 | | of Section 3.36, shall be guilty of a
Class A misdemeanor.
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| 1 | | Any person who violates subsection (oo) of Section 2.33 | 2 | | shall be guilty of a Class A misdemeanor in addition to other | 3 | | statutory penalties. Any person who violates subsection (g), | 4 | | (i), (o), (p), (y), or (cc)
of Section 2.33 shall be guilty of | 5 | | a Class A misdemeanor and subject to a
fine of no less than | 6 | | $500 and no more than $5,000 in addition to other
statutory | 7 | | penalties. In addition, the Department shall suspend the | 8 | | privileges, under this Act, of any person found guilty of | 9 | | violating Section 2.33(cc) for a period of not less than one | 10 | | year.
| 11 | | Any person who violates any other of
the provisions of this | 12 | | Act
including administrative rules, unless otherwise stated, | 13 | | shall be
guilty of a petty offense. Offenses committed by | 14 | | minors under the
direct control or with the consent of a parent | 15 | | or guardian may subject
the parent or guardian to the penalties | 16 | | prescribed in this Section.
| 17 | | In addition to any fines imposed pursuant to the provisions | 18 | | of this
Section or as otherwise provided in this Act, any | 19 | | person found guilty of
unlawfully taking or possessing any | 20 | | species protected by this Act, shall be
assessed a civil | 21 | | penalty for such species in accordance with the values
| 22 | | prescribed in Section 2.36a of this Act. This civil penalty | 23 | | shall be
imposed by the Circuit Court for the county within | 24 | | which the offense was
committed at the time of the conviction. | 25 | | All penalties provided for in
this Section shall be remitted to | 26 | | the Department in accordance with the
same provisions provided |
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| 1 | | for in Section 1.18 of this Act.
| 2 | | (Source: P.A. 97-431, eff. 8-16-11.)
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