State of Illinois
90th General Assembly
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[ Senate Amendment 001 ]

90_HB1051

      720 ILCS 125/1            from Ch. 61, par. 301
      720 ILCS 125/2            from Ch. 61, par. 302
      720 ILCS 125/3            from Ch. 61, par. 303
          Amends the Hunter Interference Prohibition Act.   Defines
      "interferes  with";  changes  definition  of "wild animal" to
      include  species  lawfully  released  by  permittees  of  the
      Department  of  Natural   Resources.    Replaces   provisions
      specifying  actions  that  constitute a violation of the Act;
      authorizes an affirmative defense based on freedom of speech.
      Makes other changes.  Effective immediately.
                                                     LRB9004124DJpk
                                               LRB9004124DJpk
 1        AN ACT to amend the Hunter Interference  Prohibition  Act
 2    by changing Sections 1, 2, and 3.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Hunter Interference  Prohibition  Act  is
 6    amended by changing Sections 1, 2, and 3 as follows:
 7        (720 ILCS 125/1) (from Ch. 61, par. 301)
 8        Sec. 1.  Definitions.  As used in this Act:
 9        "Interfere with" means to take any action that physically
10    impedes,  hinders,  or  obstructs the lawful taking of a wild
11    animal.
12        a.  "Wild animal" means any wild creature the  taking  of
13    which  is authorized by the Fish and Aquatic Life Code or the
14    wildlife, fish, and game laws of this the State and  includes
15    those species that are lawfully released by properly licensed
16    permittees of the Department of Natural Resources.
17        b.  "Taking",  means  the  capture  or  killing of a wild
18    animal  and  includes  travel,  camping,   and   other   acts
19    preparatory  to  taking  which  occur on lands or waters upon
20    which the affected person has the right or privilege to  take
21    such wild animal.
22    (Source: P.A. 83-153.)
23        (720 ILCS 125/2) (from Ch. 61, par. 302)
24        Sec.  2.  Any person who performs any of the following is
25    guilty of a Class B misdemeanor:
26        (a)  Wilfully obstructs or  interferes  with  the  lawful
27    taking  of  a  wild animals animal by another person with the
28    specific intent to prevent that lawful the taking.
29        (b)  (Blank). Disturbs or engages  in  an  activity  that
30    will  tend  to  disturb  wild animals, with intent to prevent
                            -2-                LRB9004124DJpk
 1    their lawful taking.
 2        (c)  (Blank). Disturbs another person who is  engaged  in
 3    the  lawful  taking of a wild animal or who is engaged in the
 4    process of taking,  with  intent  to  dissuade  or  otherwise
 5    prevent the taking.
 6        (d)  (Blank).  Enters  or  remains  upon public lands, or
 7    upon private lands without permission of  the  owner  or  his
 8    agent or a lessee, with intent to violate this Section.
 9        A   person   violates   this   Section  when  he  or  she
10    intentionally or knowingly engages in any  of  the  following
11    acts:
12             (1)  Drives or disturbs wild animals for the purpose
13        of disrupting a lawful taking of wild animals.
14             (2)  Blocks, impedes, or physically harasses another
15        person who is engaged in the process of lawfully taking a
16        wild animal.
17             (3)  Uses   natural  or  artificial  visual,  aural,
18        olfactory,  gustatory,  or  physical  stimuli  to  affect
19        animal behavior in order to hinder or prevent the  lawful
20        taking of a wild animal.
21             (4)  Erects barriers with the intent to deny ingress
22        or  egress  to  or  from areas where the lawful taking of
23        wild animals may occur.
24             (5)  Intentionally  interjects  himself  or  herself
25        into the line of fire of a person  lawfully  taking  wild
26        animals.
27             (6)  Affects  the physical condition or placement of
28        personal or public  property  intended  for  use  in  the
29        lawful  taking  of  a  wild animal in order to impair the
30        usefulness of the property or  prevent  the  use  of  the
31        property.
32             (7)  Enters  or  remains  upon or over private lands
33        without the permission of the owner or the owner's agent,
34        with the intent to violate this Section.
                            -3-                LRB9004124DJpk
 1        This Section does  not  apply  to  actions  performed  by
 2    authorized  employees of the Department of Natural Resources,
 3    duly accredited  officers  of  the  U.S.  Fish  and  Wildlife
 4    Service,  sheriffs,  deputy sheriffs, or other peace officers
 5    if the actions are authorized by law and  are  necessary  for
 6    the performance of their official duties.
 7        This  Section  does  not apply to landowners, tenants, or
 8    lease holders exercising their legal rights to the  enjoyment
 9    of   land,   including,  but  not  limited  to,  farming  and
10    restricting trespass.
11        It is an affirmative  defense  to  a  prosecution  for  a
12    violation  of  this  Section  that the defendant's conduct is
13    protected by his or her right to freedom of speech under  the
14    constitution of this State or the United States.
15        Any  interested  parties  may engage in protests or other
16    free speech activities adjacent to or on the perimeter of the
17    location where the lawful taking of wild  animals  is  taking
18    place,  provided  that none of the provisions of this Section
19    are being violated.
20    (Source: P.A. 88-397.)
21        (720 ILCS 125/3) (from Ch. 61, par. 303)
22        Sec. 3. Any person who  knowingly  performs  any  of  the
23    following acts is guilty of a Class A misdemeanor:
24        (a)  Fails to obey the order of a peace officer to desist
25    from  conduct  in  violation  of Section 2 of this Act if the
26    officer observes such conduct, or has reasonable  grounds  to
27    believe  that the person has engaged in such conduct that day
28    or that the person plans or intends to engage in such conduct
29    that day on a specific premises.
30        (b)  Is  guilty  convicted  of  a  second  or  subsequent
31    violation of Section 2.  For  purposes  of  this  Section,  a
32    "second  or  subsequent  violation"  means a conviction under
33    this Act within 2 years of a prior violation arising  from  a
                            -4-                LRB9004124DJpk
 1    separate  set  of  circumstances.  The sentence of any person
 2    convicted of a second or subsequent violation  shall  include
 3    imprisonment  for  not  less  than  7  days.  A person guilty
 4    convicted of a second or subsequent violation is not eligible
 5    for court supervision.
 6    (Source: P.A. 88-397.)
 7        Section 99.  Effective date.  This Act takes effect  upon
 8    becoming law.

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