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Full Text of HB3718  102nd General Assembly

HB3718 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3718

 

Introduced 2/22/2021, by Rep. C.D. Davidsmeyer

 

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

    Amends the Wildlife Code. Deletes language providing that it is unlawful for a person intentionally or wantonly to allow a dog to hunt, within or upon the land of another, or upon waters flowing over or standing on the land of another. Provides instead that it is unlawful for an owner to send a hunting dog onto property without the permission of the owner or tenant. Imposes a fine of $75 for a first offense is $75, $250 for a second offense on the same property, and $5,000 for a third or subsequent offense on the same property. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning animals.
 
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
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
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
9burning.
10    (i) It is unlawful to take, pursue or intentionally harass
11or disturb in any manner any wild birds or mammals by use or
12aid of any vehicle or conveyance, except as permitted by the
13Code of Federal Regulations for the taking of waterfowl. It is
14also unlawful to use the lights of any vehicle or conveyance or
15any light from or any light connected to the vehicle or
16conveyance in any area where wildlife may be found except in
17accordance with Section 2.37 of this Act; however, nothing in
18this Section shall prohibit the normal use of headlamps for
19the purpose of driving upon a roadway. Striped skunk, opossum,
20red fox, gray fox, raccoon, bobcat, and coyote may be taken
21during the open season by use of a small light which is worn on
22the body or hand-held by a person on foot and not in any
23vehicle.
24    (j) It is unlawful to use any shotgun larger than 10 gauge
25while taking or attempting to take any of the species
26protected by this Act.

 

 

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

 

 

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1Section and persons otherwise permitted by law, to have or
2carry any gun in or on any vehicle, conveyance or aircraft,
3unless such gun is unloaded and enclosed in a case, except that
4at field trials authorized by Section 2.34 of this Act,
5unloaded guns or guns loaded with blank cartridges only, may
6be carried on horseback while not contained in a case, or to
7have or carry any bow or arrow device in or on any vehicle
8unless such bow or arrow device is unstrung or enclosed in a
9case, or otherwise made inoperable.
10    (o) (Blank).
11    (p) It is unlawful to take game birds, migratory game
12birds or migratory waterfowl with a rifle, pistol, revolver or
13airgun.
14    (q) It is unlawful to fire a rifle, pistol, revolver or
15airgun on, over or into any waters of this State, including
16frozen waters.
17    (r) It is unlawful to discharge any gun or bow and arrow
18device along, upon, across, or from any public right-of-way or
19highway in this State.
20    (s) It is unlawful to use a silencer or other device to
21muffle or mute the sound of the explosion or report resulting
22from the firing of any gun.
23    (t) It is unlawful for any person to (i) take or attempt to
24take any species of wildlife or parts thereof, intentionally
25or wantonly allow a dog to hunt, within or upon the land of
26another, or upon waters flowing over or standing on the land of

 

 

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1another, or (ii) to knowingly shoot a gun or bow and arrow
2device at any wildlife physically on or flying over the
3property of another without first obtaining permission from
4the owner or the owner's designee. For the purposes of this
5Section, the owner's designee means anyone who the owner
6designates in a written authorization and the authorization
7must contain (i) the legal or common description of property
8for such authority is given, (ii) the extent that the owner's
9designee is authorized to make decisions regarding who is
10allowed to take or attempt to take any species of wildlife or
11parts thereof, and (iii) the owner's notarized signature.
12Before enforcing this Section the law enforcement officer must
13have received notice from the owner or the owner's designee of
14a violation of this Section. Statements made to the law
15enforcement officer regarding this notice shall not be
16rendered inadmissible by the hearsay rule when offered for the
17purpose 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,
24hunting with dog and shotgun using shot shells only, or
25hunting with shotgun using shot shells only, or providing
26outfitting services under a waterfowl outfitter permit, or on

 

 

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1licensed game breeding and hunting preserve areas, as defined
2in Section 3.27, on federally owned and managed lands and on
3Department owned, managed, leased, or controlled lands, a 100
4yard restriction 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
12tracking of wounded deer with a dog in accordance with the
13provisions of Section 2.26 of this Code.
14    (x) It is unlawful for any person to wantonly or
15carelessly injure or destroy, in any manner whatsoever, any
16real or personal property on the land of another while engaged
17in hunting 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
25and otherwise irretrievable) protected by this Act when not
26flying. Nothing in this Section shall prohibit a person from

 

 

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1carrying an uncased, unloaded shotgun in a boat, while in
2pursuit of a crippled migratory waterfowl that is incapable of
3normal flight, for the purpose of attempting to reduce the
4migratory waterfowl to possession, provided that the attempt
5is made immediately upon downing the migratory waterfowl and
6is done within 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
14fur-bearing mammals, 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 or solid
8blaze pink color, with such articles of clothing displaying a
9minimum of 400 square inches of blaze orange or solid blaze
10pink color material.
11    (gg) It is unlawful during the upland game season for any
12person to take upland game with a firearm unless he or she
13wears, while in the field, a cap of solid blaze orange color or
14solid blaze pink color. For purposes of this Act, upland game
15is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
16Pheasant, Eastern Cottontail and Swamp Rabbit.
17    (hh) It shall be unlawful to kill or cripple any species
18protected by this Act for which there is a bag limit without
19making a reasonable effort to retrieve such species and
20include such in the bag limit. It shall be unlawful for any
21person having control over harvested game mammals, game birds,
22or migratory game birds for which there is a bag limit to
23wantonly waste or destroy the usable meat of the game, except
24this shall not apply to wildlife taken under Sections 2.37 or
253.22 of this Code. For purposes of this subsection, "usable
26meat" means the breast meat of a game bird or migratory game

 

 

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1bird and the hind ham and front shoulders of a game mammal. It
2shall be unlawful for any person to place, leave, dump, or
3abandon a wildlife carcass or parts of it along or upon a
4public right-of-way or highway or on public or private
5property, including a waterway or stream, without the
6permission of the owner or tenant. It shall not be unlawful to
7discard game meat that is determined to be unfit for human
8consumption.
9    (ii) This Section shall apply only to those species
10protected by this Act taken within the State. Any species or
11any parts thereof, legally taken in and transported from other
12states or countries, may be possessed within the State, except
13as provided in this Section and Sections 2.35, 2.36 and 3.21.
14    (jj) (Blank).
15    (kk) Nothing contained in this Section shall prohibit the
16Director from issuing permits to paraplegics or to other
17persons with disabilities who meet the requirements set forth
18in administrative rule to shoot or hunt from a vehicle as
19provided by that rule, provided that such is otherwise in
20accord with this Act.
21    (ll) Nothing contained in this Act shall prohibit the
22taking of aquatic life protected by the Fish and Aquatic Life
23Code or birds and mammals protected by this Act, except deer
24and fur-bearing mammals, from a boat not camouflaged or
25disguised to alter its identity or to further provide a place
26of concealment and not propelled by sail or mechanical power.

 

 

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1However, only shotguns not larger than 10 gauge nor smaller
2than .410 bore loaded with not more than 3 shells of a shot
3size no larger than lead BB or steel T (.20 diameter) may be
4used to take species protected by this Act.
5    (mm) Nothing contained in this Act shall prohibit the use
6of a shotgun, not larger than 10 gauge nor smaller than a 20
7gauge, with a rifled barrel.
8    (nn) It shall be unlawful to possess any species of
9wildlife or wildlife parts taken unlawfully in Illinois, any
10other state, or any other country, whether or not the wildlife
11or wildlife parts is indigenous to Illinois. For the purposes
12of this subsection, the statute of limitations for unlawful
13possession of wildlife or wildlife parts shall not cease until
142 years after the possession has permanently ended.
15    (oo) It is unlawful for an owner to send a hunting dog onto
16property without the permission of the owner or tenant. The
17first offense is punishable by a $75 fine. The second offense
18on the same property is punishable by a $250 fine. A third or
19subsequent offense on the same property is punishable by a
20$5,000 fine.
21(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15;
2299-642, eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff.
231-1-19.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.