Full Text of HB2461 103rd General Assembly
HB2461ham002 103RD GENERAL ASSEMBLY | Rep. Lawrence "Larry" Walsh, Jr. Filed: 3/6/2023
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| 1 | | AMENDMENT TO HOUSE BILL 2461
| 2 | | AMENDMENT NO. ______. Amend House Bill 2461 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Wildlife Code is amended by changing | 5 | | Sections 2.33a, 2.36, 2.37, and 3.5 as follows:
| 6 | | (520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a)
| 7 | | Sec. 2.33a. Trapping. | 8 | | (a) It is unlawful to fail to visit and remove all animals
| 9 | | from traps staked out, set, used, tended, placed or maintained | 10 | | at least
once each calendar day.
| 11 | | (b) It is unlawful for any person to place, set, use, or | 12 | | maintain a
leghold trap or one of similar construction on | 13 | | land, that has a jaw spread
of larger than 6 1/2 inches (16.6 | 14 | | CM), or a body-gripping trap or one of
similar construction | 15 | | having a jaw spread larger than 7 inches (17.8 CM) on
a side if | 16 | | square and 8 inches (20.4 CM) if round.
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| 1 | | (c) It is unlawful for any person to place, set, use, or | 2 | | maintain a
leghold trap or one of similar construction in | 3 | | water, that has a jaw spread
of larger than 7 1/2 inches (19.1 | 4 | | CM), or a body-gripping trap or one of
similar construction | 5 | | having a jaw spread larger than 10 inches (25.4 CM) on
a side | 6 | | if square and 12 inches (30.5 CM) if round.
| 7 | | (d) It is unlawful to use any trap with saw-toothed, | 8 | | spiked, or toothed jaws.
| 9 | | (e) It is unlawful to destroy, disturb or in any manner | 10 | | interfere with
dams, lodges, burrows or feed beds of beaver | 11 | | while trapping for beaver or
to set a trap inside a muskrat | 12 | | house or beaver lodge, except that this shall
not apply to | 13 | | individuals who Drainage Districts that are acting pursuant to | 14 | | the provisions
of Section 2.37 or as provided for by | 15 | | administrative rule .
| 16 | | (f) It is unlawful to trap beaver or river otter with: (1) | 17 | | a leghold trap or one of similar
construction having a jaw | 18 | | spread of less than 5 1/2 inches (13.9 CM) or
more than 7 1/2 | 19 | | inches (19.1 CM), or (2) a body-gripping trap or one of
similar | 20 | | construction having a jaw spread of less than 7 inches (17.7 | 21 | | CM) or
more than 10 inches (25.4 CM) on a side if square and 12 | 22 | | inches (30.5 CM) if
round, except that these restrictions | 23 | | shall not apply during
the open season for trapping raccoons.
| 24 | | (g) It is unlawful to set traps closer than 10 feet (3.05 | 25 | | M) from any
hole or den which may be occupied by a game mammal | 26 | | or fur-bearing mammal
except that this restriction shall not |
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| 1 | | apply to water sets.
| 2 | | (h) It is unlawful to trap or attempt to trap any | 3 | | fur-bearing mammal
with any colony, cage, box, or stove-pipe | 4 | | trap designed to take more than one
mammal at a single setting.
| 5 | | (i) It is unlawful for any person to set or place any trap | 6 | | designed to
take any fur-bearing mammal protected by this Act | 7 | | during the closed
trapping season. Proof that any trap was | 8 | | placed during the closed trapping
season shall be deemed prima | 9 | | facie evidence of a violation of this provision.
| 10 | | (j) It is unlawful to place, set, or maintain any leghold | 11 | | trap or one of
similar construction within thirty (30) feet | 12 | | (9.14 m) of bait placed in
such a manner or position that it is | 13 | | not completely covered and concealed
from sight, except that | 14 | | this shall not apply to underwater sets. Bait shall
mean and | 15 | | include any bait composed of mammal, bird, or fish flesh, fur,
| 16 | | hide, entrails or feathers.
| 17 | | (k) (Blank).
| 18 | | (l) It is unlawful for any person to place, set, use or | 19 | | maintain a
snare trap or one of similar construction in water, | 20 | | that has a loop
diameter exceeding 15 inches (38.1 CM) or a | 21 | | cable or wire diameter of more
than 1/8 inch (3.2 MM) or less | 22 | | than 5/64 inch (2.0 MM), that is constructed
of stainless | 23 | | steel metal cable or wire, and that does not have a mechanical
| 24 | | lock, anchor swivel and stop device to prevent the mechanical | 25 | | lock from
closing the noose loop to a diameter of less than 2 | 26 | | 1/2 inches (6.4 CM).
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| 1 | | (m) It is unlawful to trap muskrat or mink with (1) a | 2 | | leghold trap or one of similar construction or (2) a | 3 | | body-gripping trap or one of similar construction unless the | 4 | | body-gripping trap or similar trap is completely submerged | 5 | | underwater when set. These restrictions shall not apply during | 6 | | the open season for trapping raccoons. | 7 | | (Source: P.A. 99-33, eff. 1-1-16; 100-201, eff. 8-18-17.)
| 8 | | (520 ILCS 5/2.36) (from Ch. 61, par. 2.36)
| 9 | | Sec. 2.36. It shall be unlawful to buy, sell or barter, or | 10 | | offer to buy,
sell or
barter, and for a commercial | 11 | | institution, other than a regularly
operated refrigerated | 12 | | storage establishment, to have in its possession
any of the | 13 | | wild birds, or any part thereof (and their eggs), or wild
| 14 | | mammals or any parts thereof, protected by this Act unless
| 15 | | done as hereinafter provided:
| 16 | | Game birds or any parts thereof (and their eggs), may be | 17 | | held,
possessed, raised and sold, or otherwise dealt with, as | 18 | | provided in
Section 3.23 of this Act or when legally produced | 19 | | under similar special
permit in another state or country and | 20 | | legally transported into the
State of Illinois; provided that | 21 | | such imported game birds or any parts
thereof, shall be marked | 22 | | with permanent irremovable tags, or similar
devices, to | 23 | | establish and retain their origin and identity;
| 24 | | Rabbits may be legally taken and possessed as provided in | 25 | | Sections
3.23, 3.24, and 3.26 of this Act;
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| 1 | | Deer, or any parts thereof, may be held, possessed, sold | 2 | | or otherwise
dealt with as provided in this Section and | 3 | | Sections 3.23 and 3.24 of this Act;
| 4 | | If a properly tagged deer is processed at a licensed meat | 5 | | processing facility, the meat processor at the facility is an | 6 | | active member of the Illinois Sportsmen Against Hunger | 7 | | program, and the owner of the deer (i) fails to claim the | 8 | | processed deer within a reasonable time or (ii) notifies the | 9 | | licensed meat processing facility that the owner no longer | 10 | | wants the processed deer, then the deer meat may be given away | 11 | | by the licensed meat processor to another person or donated to | 12 | | any other charitable organization or community food bank that | 13 | | receives wild game meat. The licensed meat processing facility | 14 | | may charge the person receiving the deer meat a reasonable and | 15 | | customary processing fee; | 16 | | Meat processors who are active members of the Illinois | 17 | | Sportsmen Against Hunger program shall keep written records of | 18 | | all deer received. Records shall include the following | 19 | | information: | 20 | | (1) the date the deer was received; | 21 | | (2) the name, address, and telephone number of the
| 22 | | person from whom the deer was received; | 23 | | (3) whether the deer was received as a whole carcass
| 24 | | or as deboned meat; if the deer was brought to the
meat | 25 | | processor as deboned meat, the processor shall include the | 26 | | weight of the meat; |
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| 1 | | (4) the number and state of issuance of the permit of
| 2 | | the person from whom the deer was received; in
the absence | 3 | | of a permit number, the meat processor
may rely on the | 4 | | written certification of the
person from whom the deer was | 5 | | received that the
deer was legally taken or obtained; and | 6 | | (5) if the person who originally delivered the deer to
| 7 | | the meat processor fails to collect or make
arrangements | 8 | | for the packaged deer meat to be
collected and the meat | 9 | | processor gives all or part
of the unclaimed deer meat to | 10 | | another person, the
meat processor shall maintain a record | 11 | | of the exchange;
the meat processor's records shall | 12 | | include the
customer's name, physical address, telephone
| 13 | | number, as well as the quantity and type of deer
meat given | 14 | | to the customer. The meat processor
shall also include the | 15 | | amount of compensation
received for the deer meat in his | 16 | | or her records. | 17 | | Meat processor records for unclaimed deer meat shall be | 18 | | open for inspection by any peace officer at any reasonable | 19 | | hour. Meat processors shall maintain records for a period of 2 | 20 | | years after the date of receipt of the wild game or for as long | 21 | | as the specimen or meat remains in the meat processors | 22 | | possession, whichever is longer; | 23 | | No meat processor shall have in his or her possession any | 24 | | deer that is not listed in his or her written records and | 25 | | properly tagged or labeled; | 26 | | All licensed meat processors who ship any deer or parts of |
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| 1 | | deer that have been held, possessed, or otherwise dealt with | 2 | | shall tag or label the shipment, and the tag or label shall | 3 | | state the name of the meat processor; | 4 | | Nothing in this Section removes meat processors from | 5 | | responsibility for the observance of any State or federal | 6 | | laws, rules, or regulations that may apply to the meat | 7 | | processing business; | 8 | | Fur-bearing mammals, or any parts thereof, may be held, | 9 | | possessed,
sold or otherwise dealt with as provided in | 10 | | Sections 3.16, 3.24, and 3.26 of
this Act or when legally taken | 11 | | and possessed in Illinois or
legally taken and possessed in | 12 | | and transported from other
states or countries;
| 13 | | It is unlawful for any person to act as a nuisance wildlife | 14 | | control operator for fee or compensation without a permit as | 15 | | provided in subsection subsection (b) of Section 2.37 of this | 16 | | Act unless such trapping is in
compliance with Section 2.30. | 17 | | The inedible parts of game mammals may be held, possessed, | 18 | | sold or
otherwise dealt with when legally taken, in Illinois | 19 | | or legally taken and
possessed in and transported
from other | 20 | | states or countries.
| 21 | | Failure to establish proof of the legality of possession | 22 | | in another
state or country and importation into the State of | 23 | | Illinois, shall be
prima facie evidence that such game birds | 24 | | or any parts thereof, and
their eggs, game mammals and | 25 | | fur-bearing mammals, or any parts thereof,
were taken within | 26 | | the State of Illinois.
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| 1 | | (Source: P.A. 97-567, eff. 8-25-11.)
| 2 | | (520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
| 3 | | Sec. 2.37. Authority to kill wildlife responsible for | 4 | | damage. | 5 | | (a) Subject to
federal regulations and Section 3 of the | 6 | | Illinois Endangered Species Act, the Department may authorize | 7 | | owners
and
tenants of lands or their agents , who are | 8 | | performing the service without fee or compensation, to remove | 9 | | or destroy any wild bird
or wild mammal when the wild bird or
| 10 | | wild mammal
is known to be destroying property or causing a | 11 | | risk to human health or
safety upon his or her land.
| 12 | | Upon receipt by the Department of information from the | 13 | | owner, tenant,
or sharecropper that any one or more species of | 14 | | wildlife is damaging dams, levees, ditches, cattle pastures, | 15 | | or other
property on the land on which he resides or controls, | 16 | | together with a
statement regarding location of the property | 17 | | damages, the nature and
extent of the damage, and the | 18 | | particular species of wildlife committing
the damage, the | 19 | | Department shall make an investigation.
| 20 | | If, after investigation, the Department finds
that damage | 21 | | does exist and
can be abated only by removing or destroying
| 22 | | that wildlife, a permit shall be
issued by the Department to | 23 | | remove or destroy the species responsible for causing
the | 24 | | damage.
| 25 | | A permit to control
the damage shall be for a period of up |
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| 1 | | to 90 days,
shall specify the means and methods by which and | 2 | | the person or persons
by whom the wildlife may be removed or | 3 | | destroyed, without fee or compensation, and shall set forth | 4 | | the
disposition procedure to be made of all wildlife taken and | 5 | | other
restrictions the Director
considers necessary and | 6 | | appropriate in the
circumstances of the particular case. | 7 | | Whenever possible, the specimens
destroyed shall be given to a | 8 | | bona-fide public or State scientific,
educational, or | 9 | | zoological institution.
| 10 | | The permittee shall advise the
Department in writing, | 11 | | within 10 days after the expiration date of
the permit, of the | 12 | | number of individual species of wildlife
taken, disposition | 13 | | made of them, and any other information which
the Department | 14 | | may consider necessary.
| 15 | | (b) Subject to federal regulations and Section 3 of the | 16 | | Illinois Endangered
Species Act, the Department may grant the | 17 | | authority to control species protected by this Code pursuant | 18 | | to the issuance of a Nuisance Wildlife Control Permit to : | 19 | | (1) any person who is providing such service for a fee | 20 | | or compensation; an individual,
corporation,
association | 21 | | or | 22 | | (2) a governmental body ; or | 23 | | (3) a nonprofit or other charitable organization the | 24 | | authority
to control species protected by this Code | 25 | | pursuant to the issuance of a Nuisance Wildlife Control | 26 | | Permit . |
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| 1 | | The Department
shall set forth applicable regulations
in | 2 | | an Administrative Order and may require periodic reports | 3 | | listing species
taken, numbers of each species taken, dates | 4 | | when taken, and other pertinent
information.
| 5 | | Any person operating under a Nuisance Wildlife Control | 6 | | Permit who subcontracts the operation of nuisance wildlife | 7 | | control to another shall ensure that such subcontractor | 8 | | possesses a valid Nuisance Wildlife Control Permit issued by | 9 | | the Department. The person must maintain a record of the | 10 | | subcontractor including the subcontractor's name, address, and | 11 | | phone number, and type of work to be performed, for a period of | 12 | | not less than 2 years from the date the subcontractor is no | 13 | | longer performing services on behalf of the person. The | 14 | | records shall be presented to an authorized employee of the | 15 | | Department or law enforcement officer upon request for | 16 | | inspection. | 17 | | Any person operating without the required permit as | 18 | | outlined under this subsection (b) or in violation of this | 19 | | subsection (b) is deemed to be taking, attempting to take, | 20 | | disturbing, or harassing wildlife contrary to the provisions | 21 | | of this Code, including the taking or attempting to take such | 22 | | species for commercial purposes as outlined in Sections 2.36 | 23 | | and 2.36a of this Code. Any devices and equipment, including | 24 | | vehicles, used in violation of this subsection (b) may be | 25 | | subject to the provisions of Section 1.25 of this Code. | 26 | | (c) Except when operating under subsection (b) of this |
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| 1 | | Section, drainage districts Drainage Districts shall have the | 2 | | authority to control beaver provided
that they must notify the | 3 | | Department in writing that a problem exists and
of their | 4 | | intention to trap the animals at least 7 days before the | 5 | | trapping
begins. The district District must identify traps | 6 | | used in beaver control outside
the dates of the furbearer | 7 | | trapping season with metal tags with the district's
name | 8 | | legibly inscribed upon them. During the fur trapping | 9 | | furtrapping season, traps
must be identified as prescribed by | 10 | | law. Conibear traps at least size 330
shall be used except | 11 | | during the statewide furbearer trapping season. During
that | 12 | | time trappers may use any device that is legal according to the | 13 | | Wildlife
Code. Except during the statewide furbearer trapping | 14 | | season, beaver traps
must be set in water at least 10 inches | 15 | | deep. Except during the statewide
furbearer trapping season, | 16 | | traps must be set within 10 feet of an inhabited
bank burrow or | 17 | | house and within 10 feet of a dam maintained by a beaver.
No | 18 | | beaver or other furbearer taken outside of the dates for the | 19 | | furbearer
trapping season may be sold. All animals must be | 20 | | given to the nearest
conservation officer or other Department | 21 | | of Natural Resources representative
within 48 hours
after they | 22 | | are caught unless otherwise instructed by the Department . | 23 | | Furbearers taken during the fur trapping season
may be sold | 24 | | provided that they are taken by persons who have valid | 25 | | trapping
licenses in their possession and are lawfully taken. | 26 | | The district District must
submit an annual report showing the |
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| 1 | | species and numbers of animals caught.
The report must | 2 | | indicate all species which were taken. This authority only | 3 | | extends to control of beavers.
Any other protected species | 4 | | must be controlled pursuant to subsection (b) or (c).
| 5 | | The location of traps or snares authorized under this | 6 | | Section, either by the Department or any other governmental | 7 | | body with the authority to control species protected by this | 8 | | Code, shall be exempt from the provisions of the Freedom of | 9 | | Information Act. | 10 | | (Source: P.A. 102-524, eff. 8-20-21.)
| 11 | | (520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
| 12 | | Sec. 3.5. Penalties; probation.
| 13 | | (a) Any person who violates any of the provisions of | 14 | | Section
2.36a,
including administrative rules, shall be guilty | 15 | | of a Class 3 felony, except
as otherwise provided in | 16 | | subsection (b) of this Section and subsection (a) of
Section | 17 | | 2.36a.
| 18 | | (b) Whenever any person who has not previously been | 19 | | convicted of, or
placed
on probation or court supervision for, | 20 | | any offense under Section 1.22,
2.36, or 2.36a operating | 21 | | without a permit as prescribed in subsection (b) of Section | 22 | | 2.37 or subsection (i) or (cc) of Section
2.33, the court may, | 23 | | without entering a
judgment and with the person's consent, | 24 | | sentence the person to probation for a
violation of Section | 25 | | 2.36a.
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| 1 | | (1) When a person is placed on probation, the court | 2 | | shall enter an order
specifying a period of probation of | 3 | | 24 months and shall defer further
proceedings in
the case | 4 | | until the conclusion of the period or until the filing of a | 5 | | petition
alleging violation of a term or condition of | 6 | | probation.
| 7 | | (2) The conditions of probation shall be that the | 8 | | person:
| 9 | | (A) Not violate
any criminal statute of any | 10 | | jurisdiction.
| 11 | | (B) Perform no less than 30 hours of community | 12 | | service, provided
community
service is available in | 13 | | the jurisdiction and is funded and approved by the
| 14 | | county board.
| 15 | | (3) The court may, in addition to other conditions:
| 16 | | (A) Require that the person make a report to and | 17 | | appear in person before
or participate with the
court | 18 | | or courts, person, or social service agency as | 19 | | directed by the
court in the order of probation.
| 20 | | (B) Require that the person pay a fine and costs.
| 21 | | (C) Require that the person refrain from | 22 | | possessing a firearm or other
dangerous weapon.
| 23 | | (D) Prohibit the person from associating with any | 24 | | person who is actively
engaged in any of the | 25 | | activities regulated by the permits issued or | 26 | | privileges
granted by the Department of Natural |
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| 1 | | Resources.
| 2 | | (4) Upon violation of a term or condition of | 3 | | probation, the
court
may enter a judgment on its original | 4 | | finding of guilt and proceed as otherwise
provided.
| 5 | | (5) Upon fulfillment of the terms and
conditions of | 6 | | probation, the court shall discharge the person and | 7 | | dismiss
the proceedings against the person.
| 8 | | (6) A disposition of probation is considered to be a | 9 | | conviction
for the purposes of imposing the conditions of | 10 | | probation, for appeal, and for
administrative revocation | 11 | | and suspension of licenses and privileges;
however, | 12 | | discharge and dismissal under this Section is not a | 13 | | conviction for
purposes of disqualification or | 14 | | disabilities imposed by law upon conviction of
a crime.
| 15 | | (7) Discharge and dismissal under this Section
may | 16 | | occur only once
with respect to any person.
| 17 | | (8) If a person is convicted of an offense under this
| 18 | | Act within 5 years
subsequent to a discharge and dismissal | 19 | | under this Section, the discharge and
dismissal under this | 20 | | Section shall be admissible in the sentencing proceeding
| 21 | | for that conviction
as a factor in aggravation.
| 22 | | (9) The Circuit Clerk shall notify the Illinois State | 23 | | Police of all
persons convicted of or placed under | 24 | | probation for violations of Section
2.36a.
| 25 | | (c) Any person who violates any of the provisions of | 26 | | Sections 2.9, 2.11,
2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, |
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| 1 | | 2.31, 2.32, 2.33 (except
subsections (g), (i), (o), (p), (y), | 2 | | and (cc)), 2.33-1, 2.33a, 3.3,
3.4, 3.11 through 3.16, 3.19, | 3 | | 3.20, 3.21
(except subsections (b), (c), (d), (e), (f), (f.5), | 4 | | (g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection | 5 | | (f)), including administrative
rules, shall be guilty of a | 6 | | Class B misdemeanor.
| 7 | | A person who violates Section 2.33b by using any computer | 8 | | software or service to remotely control a weapon that takes | 9 | | wildlife by remote operation is guilty of a Class B | 10 | | misdemeanor. A person who violates Section 2.33b by | 11 | | facilitating a violation of Section 2.33b, including an owner | 12 | | of land in which remote control hunting occurs, a computer | 13 | | programmer who designs a program or software to facilitate | 14 | | remote control hunting, or a person who provides weapons or | 15 | | equipment to facilitate remote control hunting, is guilty of a | 16 | | Class A misdemeanor. | 17 | | Any person who violates any of the
provisions of Sections | 18 | | 1.22, 2.2a, 2.3,
2.4, 2.36 and 2.38, including administrative | 19 | | rules, shall be guilty of a
Class A misdemeanor. Any second or | 20 | | subsequent violations of Sections
2.4 and 2.36 shall be a | 21 | | Class 4 felony.
| 22 | | Any person who violates any of the provisions of this Act, | 23 | | including
administrative rules, during such period when his | 24 | | license, privileges, or
permit is revoked or denied by virtue | 25 | | of Section 3.36, shall be guilty of a
Class A misdemeanor.
| 26 | | Any person who violates subsection (g), (i), (o), (p), |
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| 1 | | (y), or (cc)
of Section 2.33 shall be guilty of a Class A | 2 | | misdemeanor and subject to a
fine of no less than $500 and no | 3 | | more than $5,000 in addition to other
statutory penalties. In | 4 | | addition, the Department shall suspend the privileges, under | 5 | | this Act, of any person found guilty of violating Section | 6 | | 2.33(cc) for a period of not less than one year.
| 7 | | Any person who operates without a permit in violation | 8 | | subsection (b) of Section 2.37 is guilty of a Class A | 9 | | misdemeanor and subject to a fine of not less than $500. Any | 10 | | other violation of subsection (b) of Section 2.37 including | 11 | | administrative rules is a Class B misdemeanor. | 12 | | Any person who violates any other of
the provisions of | 13 | | this Act
including administrative rules, unless otherwise | 14 | | stated, shall be
guilty of a petty offense. Offenses committed | 15 | | by minors under the
direct control or with the consent of a | 16 | | parent or guardian may subject
the parent or guardian to the | 17 | | penalties prescribed in this Section.
| 18 | | In addition to any fines imposed pursuant to the | 19 | | provisions of this
Section or as otherwise provided in this | 20 | | Act, any person found guilty of
unlawfully taking or | 21 | | possessing any species protected by this Act, shall be
| 22 | | assessed a civil penalty for such species in accordance with | 23 | | the values
prescribed in Section 2.36a of this Act. This civil | 24 | | penalty shall be
imposed by the Circuit Court for the county | 25 | | within which the offense was
committed at the time of the | 26 | | conviction. Any person found guilty of violating subsection |
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| 1 | | (b) of Section 2.37 is subject to an additional civil penalty | 2 | | of up to $1,500. All penalties provided for in
this Section | 3 | | shall be remitted to the Department in accordance with the
| 4 | | same provisions provided for in Section 1.18 of this Act , | 5 | | except that civil penalties collected for violation of | 6 | | Subsection (b) of Section 2.37 shall be remitted to the | 7 | | Department and allocated as follows: .
| 8 | | (1) 60% to the Conservation Police Operations | 9 | | Assistance Fund; and | 10 | | (2) 40% to the Illinois Habitat Fund. | 11 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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