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| [ Senate Amendment 001 ] |
90_HB1051ren
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.
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1 AN ACT concerning hunting and conservation land uses.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Hunter Interference Prohibition Act is
5 amended by changing Sections 1, 2, and 3 as follows:
6 (720 ILCS 125/1) (from Ch. 61, par. 301)
7 Sec. 1. Definitions. As used in this Act:
8 "Interfere with" means to take any action that physically
9 impedes, hinders, or obstructs the lawful taking of a wild
10 animal.
11 a. "Wild animal" means any wild creature the taking of
12 which is authorized by the Fish and Aquatic Life Code or the
13 wildlife, fish, and game laws of this the State and includes
14 those species that are lawfully released by properly licensed
15 permittees of the Department of Natural Resources.
16 b. "Taking", means the capture or killing of a wild
17 animal and includes travel, camping, and other acts
18 preparatory to taking which occur on lands or waters upon
19 which the affected person has the right or privilege to take
20 such wild animal.
21 (Source: P.A. 83-153.)
22 (720 ILCS 125/2) (from Ch. 61, par. 302)
23 Sec. 2. Any person who performs any of the following is
24 guilty of a Class B misdemeanor:
25 (a) Wilfully obstructs or interferes with the lawful
26 taking of a wild animals animal by another person with the
27 specific intent to prevent that lawful the taking.
28 (b) (Blank). Disturbs or engages in an activity that
29 will tend to disturb wild animals, with intent to prevent
30 their lawful taking.
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1 (c) (Blank). Disturbs another person who is engaged in
2 the lawful taking of a wild animal or who is engaged in the
3 process of taking, with intent to dissuade or otherwise
4 prevent the taking.
5 (d) (Blank). Enters or remains upon public lands, or
6 upon private lands without permission of the owner or his
7 agent or a lessee, with intent to violate this Section.
8 A person violates this Section when he or she
9 intentionally or knowingly engages in any of the following
10 acts:
11 (1) Drives or disturbs wild animals for the purpose
12 of disrupting a lawful taking of wild animals.
13 (2) Blocks, impedes, or physically harasses another
14 person who is engaged in the process of lawfully taking a
15 wild animal.
16 (3) Uses natural or artificial visual, aural,
17 olfactory, gustatory, or physical stimuli to affect
18 animal behavior in order to hinder or prevent the lawful
19 taking of a wild animal.
20 (4) Erects barriers with the intent to deny ingress
21 or egress to or from areas where the lawful taking of
22 wild animals may occur.
23 (5) Intentionally interjects himself or herself
24 into the line of fire of a person lawfully taking wild
25 animals.
26 (6) Affects the physical condition or placement of
27 personal or public property intended for use in the
28 lawful taking of a wild animal in order to impair the
29 usefulness of the property or prevent the use of the
30 property.
31 (7) Enters or remains upon or over private lands
32 without the permission of the owner or the owner's agent,
33 with the intent to violate this Section.
34 This Section does not apply to actions performed by
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1 authorized employees of the Department of Natural Resources,
2 duly accredited officers of the U.S. Fish and Wildlife
3 Service, sheriffs, deputy sheriffs, or other peace officers
4 if the actions are authorized by law and are necessary for
5 the performance of their official duties.
6 This Section does not apply to landowners, tenants, or
7 lease holders exercising their legal rights to the enjoyment
8 of land, including, but not limited to, farming and
9 restricting trespass.
10 It is an affirmative defense to a prosecution for a
11 violation of this Section that the defendant's conduct is
12 protected by his or her right to freedom of speech under the
13 constitution of this State or the United States.
14 Any interested parties may engage in protests or other
15 free speech activities adjacent to or on the perimeter of the
16 location where the lawful taking of wild animals is taking
17 place, provided that none of the provisions of this Section
18 are being violated.
19 (Source: P.A. 88-397.)
20 (720 ILCS 125/3) (from Ch. 61, par. 303)
21 Sec. 3. Any person who knowingly performs any of the
22 following acts is guilty of a Class A misdemeanor:
23 (a) Fails to obey the order of a peace officer to desist
24 from conduct in violation of Section 2 of this Act if the
25 officer observes such conduct, or has reasonable grounds to
26 believe that the person has engaged in such conduct that day
27 or that the person plans or intends to engage in such conduct
28 that day on a specific premises.
29 (b) Is guilty convicted of a second or subsequent
30 violation of Section 2. For purposes of this Section, a
31 "second or subsequent violation" means a conviction under
32 this Act within 2 years of a prior violation arising from a
33 separate set of circumstances. The sentence of any person
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1 convicted of a second or subsequent violation shall include
2 imprisonment for not less than 7 days. A person guilty
3 convicted of a second or subsequent violation is not eligible
4 for court supervision.
5 (Source: P.A. 88-397.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.