Full Text of HB1652 98th General Assembly
HB1652enr 98TH GENERAL ASSEMBLY |
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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 2. The Fish and Aquatic Life Code is amended by | 5 | | changing Section 20-105 as follows:
| 6 | | (515 ILCS 5/20-105) (from Ch. 56, par. 20-105)
| 7 | | Sec. 20-105. Revocation and suspension; refusal to issue.
| 8 | | (a) Whenever a license or permit is issued to any person | 9 | | under this Code
and its holder is found guilty of any | 10 | | misrepresentation in obtaining the
license or permit or of a | 11 | | violation of Section 48-3 of the Criminal Code of 2012 or a | 12 | | violation of any of the provisions of this Code,
including | 13 | | administrative rules, the license or permit may be revoked by | 14 | | the
Department and the Department may refuse to issue any | 15 | | permit or license to
that person and may suspend the person | 16 | | from engaging in the activity
requiring the permit or license | 17 | | for a period of time not to exceed 5 years
following the | 18 | | revocation. Department revocation procedure shall be
| 19 | | established by administrative rule.
| 20 | | (b) Whenever any person who has not been issued a license | 21 | | or a permit
under the provisions of this Code is found guilty | 22 | | of a violation of Section 48-3 of the Criminal Code of 2012 or | 23 | | a violation of the
provisions of this Code, including |
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| 1 | | administrative rules, the Department may
refuse to issue any | 2 | | permit or license to that person, and suspend that
person from | 3 | | engaging in the activity requiring the permit or license for a
| 4 | | period of time not to exceed 5 years.
| 5 | | (c) Any person who knowingly or intentionally violates any
| 6 | | of the provisions of this Code, including administrative rules, | 7 | | during the
5 years following the revocation of his or her | 8 | | license or permit under
subsection (a) or during the time he is | 9 | | suspended under subsection
(b), shall be guilty of a Class A | 10 | | misdemeanor as provided in Section 20-35. The penalties for a | 11 | | violation of Section 48-3 of the Criminal Code of 2012 shall be | 12 | | as provided in that Section.
| 13 | | (d) A person whose license or permit to engage in any | 14 | | activity regulated
by this
Code has been suspended or revoked | 15 | | may not, during the period of the suspension
or
revocation or | 16 | | until obtaining such a license or permit, (i) be in the company
| 17 | | of any person
engaging in the activity covered by the | 18 | | suspension or revocation or (ii) serve
as a guide,
outfitter, | 19 | | or facilitator for a person who is engaged or prepared to | 20 | | engage in
the activity
covered by the suspension or revocation.
| 21 | | (e) No person may be issued or obtain a license or permit | 22 | | or engage in any
activity regulated by this Code during the | 23 | | time that the person's privilege to
engage in the
same or | 24 | | similar activities is suspended or revoked by another state, by | 25 | | a
federal agency,
or by a province of Canada.
| 26 | | (Source: P.A. 91-545, eff. 8-14-99.)
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| 1 | | Section 3. The Wildlife Code is amended by changing Section | 2 | | 3.36 as follows:
| 3 | | (520 ILCS 5/3.36) (from Ch. 61, par. 3.36)
| 4 | | Sec. 3.36. Revocation and suspension.
| 5 | | (a) Whenever a license or permit is issued to any person
| 6 | | under this Act, and the holder thereof is found guilty of any
| 7 | | misrepresentation in obtaining such license or permit or of a | 8 | | violation of Section 48-3 of the Criminal Code of 2012 or a | 9 | | violation of
any of the provisions of this Act, including | 10 | | administrative rules, his
license or permit may be revoked by | 11 | | the Department, and the Department may
refuse to issue any | 12 | | permit or license to such person and may suspend the
person | 13 | | from engaging in the activity requiring the permit or license | 14 | | for a
period of time not to exceed 5 years following such | 15 | | revocation.
| 16 | | Department revocation procedures shall be established by | 17 | | Administrative
rule.
| 18 | | (b) Whenever any person who has not been issued a license | 19 | | or a permit
under the provisions of this Code is found guilty | 20 | | of a violation of Section 48-3 of the Criminal Code of 2012 or | 21 | | a violation of the
provisions of this Code, including | 22 | | administrative rules, the Department may
refuse to issue any | 23 | | permit or license to that person, and suspend that
person from | 24 | | engaging in the activity requiring the permit or license for a
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| 1 | | period of time not to exceed 5 years.
| 2 | | (c) Any person who knowingly or intentionally violates any | 3 | | of the
provisions of this Act, including administrative rules, | 4 | | during such period
when his license or permit is revoked or | 5 | | denied by virtue of this Section
or during the time he is | 6 | | suspended under subsection (b), shall be guilty of
a Class A | 7 | | misdemeanor. The penalties for a violation of Section 48-3 of | 8 | | the Criminal Code of 2012 shall be as provided in that Section.
| 9 | | (d) Licenses and permits authorized to be issued under the | 10 | | provisions of
this Act shall be prepared by the Department and | 11 | | be in such form as
prescribed by the Department. The | 12 | | information required on each license
shall be completed thereon | 13 | | by the issuing agent or his sub-agent at the
time of issuance | 14 | | and each license shall be signed by the licensee, or
initialed | 15 | | by the designated purchaser and then signed immediately upon | 16 | | receipt
by the licensee, and
countersigned by the issuing agent | 17 | | or his sub-agent at the time of
issuance. All such licenses | 18 | | shall be supplied by the Department, subject to
such rules and | 19 | | regulations as the Department may prescribe. Any license not
| 20 | | properly prepared, obtained and signed as required by this Act | 21 | | shall be
void.
| 22 | | (e) A person whose license or permit to engage in any | 23 | | activity regulated
by
this
Code has been suspended or revoked | 24 | | may not, during the period of the suspension
or
revocation or | 25 | | until obtaining such a license or permit, (i) be in the company
| 26 | | of any person
engaging in the activity covered by the |
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| 1 | | suspension or revocation or (ii) serve
as a guide,
outfitter, | 2 | | or facilitator for a person who is engaged or prepared to | 3 | | engage in
the activity
covered by the suspension or revocation.
| 4 | | (f) No person may be issued or obtain a license or permit | 5 | | or engage in any
activity
regulated by this Code during the | 6 | | time that the person's privilege to engage in
the same
or | 7 | | similar activities is suspended or revoked by another state, by | 8 | | a federal
agency, or by a
province of Canada.
| 9 | | (Source: P.A. 90-225, eff. 7-25-97; 91-545, eff. 8-14-99.)
| 10 | | Section 5. The Criminal Code of 2012 is amended by changing | 11 | | Section 48-3 as follows: | 12 | | (720 ILCS 5/48-3) | 13 | | Sec. 48-3. Hunter or fisherman interference. | 14 | | (a) Definitions. As used in this Section: | 15 | | "Aquatic life" means all fish, reptiles, amphibians, | 16 | | crayfish, and mussels the taking of which is
authorized
by | 17 | | the Fish and Aquatic Life Code. | 18 | | "Interfere with" means to take any action that | 19 | | physically impedes, hinders,
or obstructs the lawful | 20 | | taking of wildlife or aquatic life. | 21 | | "Taking" means the capture or killing of wildlife or | 22 | | aquatic life and
includes
travel, camping, and other acts | 23 | | preparatory to taking which occur on lands
or waters upon | 24 | | which the affected person has the right or privilege to |
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| 1 | | take
such wildlife or aquatic life. | 2 | | "Wildlife" means any wildlife the taking of which is
| 3 | | authorized
by the Wildlife Code and includes those species | 4 | | that are lawfully
released by properly licensed permittees | 5 | | of the Department of Natural
Resources. | 6 | | (b) A person commits hunter or fisherman interference when | 7 | | he or she intentionally or knowingly: | 8 | | (1) obstructs or interferes with the lawful taking of
| 9 | | wildlife or aquatic life by another person with the | 10 | | specific
intent to prevent that lawful taking; | 11 | | (2) drives or disturbs wildlife or aquatic life for the | 12 | | purpose of disrupting a lawful
taking of wildlife or | 13 | | aquatic life; | 14 | | (3) blocks, impedes, or physically harasses another | 15 | | person who is engaged
in the process of lawfully taking | 16 | | wildlife or aquatic life; | 17 | | (4) uses natural or artificial visual, aural, | 18 | | olfactory, gustatory, or
physical stimuli to affect | 19 | | wildlife or aquatic life behavior in order to hinder or | 20 | | prevent the
lawful taking of wildlife or aquatic life; | 21 | | (5) erects barriers with the intent to deny ingress or | 22 | | egress to or from
areas where the lawful taking of wildlife | 23 | | or aquatic life may occur; | 24 | | (6) intentionally interjects himself or herself into | 25 | | the line of fire or fishing lines of a
person lawfully | 26 | | taking wildlife or aquatic life; |
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| 1 | | (7) affects the physical condition or placement of | 2 | | personal or public
property intended for use in the lawful | 3 | | taking of wildlife or aquatic life in order to
impair the | 4 | | usefulness of the property or prevent the use of the | 5 | | property; | 6 | | (8) enters or remains upon or over private lands | 7 | | without the permission of
the
owner or the owner's agent, | 8 | | with the intent to violate this subsection; or | 9 | | (9) fails to obey the order of a peace officer to | 10 | | desist from conduct
in violation of this subsection (b) if | 11 | | the officer observes the conduct,
or has reasonable grounds | 12 | | to believe that the person has engaged in the conduct that | 13 | | day or that the person plans or intends to engage in the | 14 | | conduct
that day on a specific premises ; or . | 15 | | (10) uses a drone in a way that interferes with another | 16 | | person's lawful taking of
wildlife or aquatic life. For the | 17 | | purposes of this paragraph (10), "drone" means any aerial | 18 | | vehicle that does not carry a human operator. | 19 | | (c) Exemptions; defenses. | 20 | | (1) This Section does not apply to actions performed by | 21 | | authorized employees of
the Department of Natural | 22 | | Resources, duly accredited officers of the U.S. Fish
and | 23 | | Wildlife Service, sheriffs, deputy sheriffs, or other | 24 | | peace officers if the
actions are authorized by law and are | 25 | | necessary for the performance of their
official duties. | 26 | | (2) This Section does not apply to landowners, tenants, |
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| 1 | | or lease holders
exercising their legal rights to the | 2 | | enjoyment of land, including, but not
limited to, farming | 3 | | and restricting trespass. | 4 | | (3) It is an affirmative defense to a prosecution for a | 5 | | violation of this
Section that the defendant's conduct is | 6 | | protected by his or her right to
freedom of speech under | 7 | | the constitution of this State or the United States. | 8 | | (4) Any interested parties may engage in protests or | 9 | | other free speech activities
adjacent to or on the | 10 | | perimeter of the location where the lawful taking of | 11 | | wildlife or aquatic life is taking place, provided that | 12 | | none of the provisions of this Section
are being violated. | 13 | | (d) Sentence. A first violation of paragraphs (1) through | 14 | | (8) of subsection (b) is a Class B misdemeanor. A second or | 15 | | subsequent violation of
paragraphs (1) through (8) of | 16 | | subsection (b) is a Class A misdemeanor for which imprisonment | 17 | | for not less than 7 days shall be imposed. A
person guilty of a | 18 | | second or subsequent violation of paragraphs (1) through (8) of | 19 | | subsection (b) is not
eligible for court
supervision. A | 20 | | violation of paragraph (9) or (10) of subsection (b) is a Class | 21 | | A misdemeanor. A court shall revoke, for a period of one year | 22 | | to 5 years, any Illinois
hunting, fishing, or trapping | 23 | | privilege, license or permit of any person
convicted of | 24 | | violating any provision of this Section. For
purposes of this | 25 | | subsection, a "second or subsequent violation" means a | 26 | | conviction
under paragraphs (1) through (8) of subsection (b) |
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| 1 | | of this Section within 2 years of a prior violation arising | 2 | | from a separate set
of circumstances. | 3 | | (e) Injunctions; damages. | 4 | | (1) Any court may enjoin conduct which would be in | 5 | | violation
of paragraphs (1) through (8) or (10) of | 6 | | subsection (b) upon petition by a person affected or who | 7 | | reasonably
may be affected by the conduct, upon a showing | 8 | | that the conduct is threatened
or that it has occurred on a | 9 | | particular premises in the past and that it
is not | 10 | | unreasonable to expect that under similar circumstances it | 11 | | will be
repeated. | 12 | | (2) A court shall award all resulting costs and damages | 13 | | to any person
adversely affected by a violation of | 14 | | paragraphs (1) through (8) or (10) of subsection (b), which | 15 | | may include an award for
punitive damages. In addition to | 16 | | other items of special damage, the measure of
damages may | 17 | | include expenditures of the affected person for license and | 18 | | permit
fees, travel, guides, special equipment and | 19 | | supplies, to the extent that these
expenditures were | 20 | | rendered futile by prevention of the taking of wildlife or | 21 | | aquatic life.
| 22 | | (Source: P.A. 97-1108, eff. 1-1-13.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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