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| [ Senate Amendment 001 ] |
90_HB1051enr
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 3. The State Parks Designation Act is amended by
5 adding Section 3.5 as follows:
6 (20 ILCS 840/3.5 new)
7 Sec. 3.5. Harry "Babe" Woodyard Conservation Area. The
8 area that has been commonly known as the Site M Fish and
9 Wildlife Area in Cass County is designated as a State
10 Conservation Area and shall be known as the Harry "Babe"
11 Woodyard Conservation Area.
12 Section 5. The Hunter Interference Prohibition Act is
13 amended by changing Sections 1, 2, and 3 as follows:
14 (720 ILCS 125/1) (from Ch. 61, par. 301)
15 Sec. 1. Definitions. As used in this Act:
16 "Interfere with" means to take any action that physically
17 impedes, hinders, or obstructs the lawful taking of a wild
18 animal.
19 a. "Wild animal" means any wild creature the taking of
20 which is authorized by the Fish and Aquatic Life Code or the
21 wildlife, fish, and game laws of this the State and includes
22 those species that are lawfully released by properly licensed
23 permittees of the Department of Natural Resources.
24 b. "Taking", means the capture or killing of a wild
25 animal and includes travel, camping, and other acts
26 preparatory to taking which occur on lands or waters upon
27 which the affected person has the right or privilege to take
28 such wild animal.
29 (Source: P.A. 83-153.)
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1 (720 ILCS 125/2) (from Ch. 61, par. 302)
2 Sec. 2. Any person who performs any of the following is
3 guilty of a Class B misdemeanor:
4 (a) Wilfully obstructs or interferes with the lawful
5 taking of a wild animals animal by another person with the
6 specific intent to prevent that lawful the taking.
7 (b) (Blank). Disturbs or engages in an activity that
8 will tend to disturb wild animals, with intent to prevent
9 their lawful taking.
10 (c) (Blank). Disturbs another person who is engaged in
11 the lawful taking of a wild animal or who is engaged in the
12 process of taking, with intent to dissuade or otherwise
13 prevent the taking.
14 (d) (Blank). Enters or remains upon public lands, or
15 upon private lands without permission of the owner or his
16 agent or a lessee, with intent to violate this Section.
17 A person violates this Section when he or she
18 intentionally or knowingly engages in any of the following
19 acts:
20 (1) Drives or disturbs wild animals for the purpose
21 of disrupting a lawful taking of wild animals.
22 (2) Blocks, impedes, or physically harasses another
23 person who is engaged in the process of lawfully taking a
24 wild animal.
25 (3) Uses natural or artificial visual, aural,
26 olfactory, gustatory, or physical stimuli to affect
27 animal behavior in order to hinder or prevent the lawful
28 taking of a wild animal.
29 (4) Erects barriers with the intent to deny ingress
30 or egress to or from areas where the lawful taking of
31 wild animals may occur.
32 (5) Intentionally interjects himself or herself
33 into the line of fire of a person lawfully taking wild
34 animals.
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1 (6) Affects the physical condition or placement of
2 personal or public property intended for use in the
3 lawful taking of a wild animal in order to impair the
4 usefulness of the property or prevent the use of the
5 property.
6 (7) 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 Section.
9 This Section does not apply to actions performed by
10 authorized employees of the Department of Natural Resources,
11 duly accredited officers of the U.S. Fish and Wildlife
12 Service, sheriffs, deputy sheriffs, or other peace officers
13 if the actions are authorized by law and are necessary for
14 the performance of their official duties.
15 This Section does not apply to landowners, tenants, or
16 lease holders exercising their legal rights to the enjoyment
17 of land, including, but not limited to, farming and
18 restricting trespass.
19 It is an affirmative defense to a prosecution for a
20 violation of this Section that the defendant's conduct is
21 protected by his or her right to freedom of speech under the
22 constitution of this State or the United States.
23 Any interested parties may engage in protests or other
24 free speech activities adjacent to or on the perimeter of the
25 location where the lawful taking of wild animals is taking
26 place, provided that none of the provisions of this Section
27 are being violated.
28 (Source: P.A. 88-397.)
29 (720 ILCS 125/3) (from Ch. 61, par. 303)
30 Sec. 3. Any person who knowingly performs any of the
31 following acts is guilty of a Class A misdemeanor:
32 (a) Fails to obey the order of a peace officer to desist
33 from conduct in violation of Section 2 of this Act if the
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1 officer observes such conduct, or has reasonable grounds to
2 believe that the person has engaged in such conduct that day
3 or that the person plans or intends to engage in such conduct
4 that day on a specific premises.
5 (b) Is guilty convicted of a second or subsequent
6 violation of Section 2. For purposes of this Section, a
7 "second or subsequent violation" means a conviction under
8 this Act within 2 years of a prior violation arising from a
9 separate set of circumstances. The sentence of any person
10 convicted of a second or subsequent violation shall include
11 imprisonment for not less than 7 days. A person guilty
12 convicted of a second or subsequent violation is not eligible
13 for court supervision.
14 (Source: P.A. 88-397.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.