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90_HB2722
520 ILCS 5/2.33 from Ch. 61, par. 2.33
Amends the Wildlife Code. Deletes the hunting
prohibitions concerning the daytime use of calling devices,
the use or possession of certain shot sizes, and the taking
of game birds that are not flying. Allows the use of
nonrifled slugs to take a white-tailed deer.
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1 AN ACT to amend the Wildlife Code by changing Section
2 2.33.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Wildlife Code is amended by changing
6 Section 2.33 as follows:
7 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
8 Sec. 2.33. Prohibitions.
9 (a) It is unlawful to carry or possess any gun in any
10 State refuge unless otherwise permitted by administrative
11 rule.
12 (b) It is unlawful to use or possess any snare or
13 snare-like device, deadfall, net, or pit trap to take any
14 species, except that snares not powered by springs or other
15 mechanical devices may be used to trap fur-bearing mammals,
16 in water sets only, if at least one-half of the snare noose
17 is located underwater at all times.
18 (c) It is unlawful for any person at any time to take a
19 wild mammal protected by this Act from its den by means of
20 any mechanical device, spade, or digging device or to use
21 smoke or other gases to dislodge or remove such mammal except
22 as provided in Section 2.37.
23 (d) It is unlawful to use a ferret or any other small
24 mammal which is used in the same or similar manner for which
25 ferrets are used for the purpose of frightening or driving
26 any mammals from their dens or hiding places.
27 (e) (Blank). It is unlawful to use any recording or
28 electronic calling device to attract or attempt to attract,
29 or to take or attempt to take, any of the wild mammals, wild
30 birds or fur-bearing mammals protected by this Act between
31 sunset and sunrise.
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1 (f) It is unlawful to use spears, gigs, hooks or any
2 like device to take any species protected by this Act.
3 (g) It is unlawful to use poisons, chemicals or
4 explosives for the purpose of taking any species protected by
5 this Act.
6 (h) It is unlawful to hunt adjacent to or near any peat,
7 grass, brush or other inflammable substance when it is
8 burning.
9 (i) It is unlawful to take, pursue or intentionally
10 harass or disturb in any manner any wild birds or mammals by
11 use or aid of any vehicle or conveyance. It is also unlawful
12 to use the lights of any vehicle or conveyance or any light
13 from or any light connected to such vehicle or conveyance in
14 any area where wildlife may be found except in accordance
15 with Section 2.37 of this Act, however, nothing in this
16 Section shall prohibit the normal use of headlamps for the
17 purpose of driving upon a roadway and except that striped
18 skunk, opossum, red fox, gray fox, raccoon and coyote may be
19 taken during the open season by use of a small light which is
20 worn on the body or hand-held by a person on foot and not in
21 any vehicle.
22 (j) It is unlawful to use any shotgun larger than 10
23 gauge while taking or attempting to take any of the species
24 protected by this Act.
25 (k) It is unlawful to use or possess in the field any
26 shotgun shell loaded with a shot size larger than lead BB or
27 steel T (.20 diameter) when taking or attempting to take a
28 any species of wild game mammals, wild game birds, wild
29 fur-bearing mammals, migratory waterfowl or migratory game
30 birds protected by this Act, except white-tailed deer except
31 as provided for in Section 2.26 and other species as provided
32 for by subsection (l) or administrative rule.
33 (l) It is unlawful to take any species of wild game,
34 except white-tailed deer, with a shotgun loaded with rifled
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1 or nonrifled slugs unless otherwise provided for by
2 administrative rule.
3 (m) It is unlawful to use any shotgun capable of holding
4 more than 3 shells in the magazine or chamber combined,
5 except on game breeding and hunting preserve areas licensed
6 under Section 3.27. If the shotgun is capable of holding
7 more than 3 shells, it shall, while being used on an area
8 other than a game breeding and shooting preserve area
9 licensed pursuant to Section 3.27, be fitted with a one piece
10 plug that is irremovable without dismantling the shotgun or
11 otherwise altered to render it incapable of holding more than
12 3 shells in the magazine and chamber, combined.
13 (n) It is unlawful for any person, except persons
14 permitted by law, to have or carry any gun in or on any
15 vehicle, conveyance or aircraft, unless such gun is unloaded
16 and enclosed in a case, except that at field trials
17 authorized by Section 2.34 of this Act, unloaded guns or guns
18 loaded with blank cartridges only, may be carried on
19 horseback while not contained in a case, or to have or carry
20 any bow or arrow device in or on any vehicle unless such bow
21 or arrow device is unstrung or enclosed in a case, or
22 otherwise made inoperable.
23 (o) It is unlawful to use any crossbow for the purpose
24 of taking any wild birds or mammals, except as provided for
25 in Section 2.33.
26 (p) It is unlawful to take game birds, migratory game
27 birds or migratory waterfowl with a rifle, pistol, revolver
28 or airgun.
29 (q) It is unlawful to fire a rifle, pistol, revolver or
30 airgun on, over or into any waters of this State, including
31 frozen waters.
32 (r) It is unlawful to discharge any gun or bow and arrow
33 device along, upon, across, or from any public right-of-way
34 or highway in this State.
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1 (s) It is unlawful to use a silencer or other device to
2 muffle or mute the sound of the explosion or report resulting
3 from the firing of any gun.
4 (t) It is unlawful for any person to trap or hunt, or
5 allow a dog to hunt, within or upon the land of another, or
6 upon waters flowing over or standing on the land of another,
7 without first obtaining permission from the owner or tenant.
8 It shall be prima facie evidence that a person does not have
9 permission of the owner or tenant if the person is unable to
10 demonstrate to the law enforcement officer in the field that
11 permission had been obtained. This provision may only be
12 rebutted by testimony of the owner or tenant that permission
13 had been given. Before enforcing this Section the law
14 enforcement officer must have received notice from the owner
15 or tenant of a violation of this Section. Statements made to
16 the law enforcement officer regarding this notice shall not
17 be rendered inadmissible by the hearsay rule when offered for
18 the purpose of showing the required notice.
19 (u) It is unlawful for any person to discharge any
20 firearm for the purpose of taking any of the species
21 protected by this Act, or hunt with gun or dog, or allow a
22 dog to hunt, within 300 yards of an inhabited dwelling
23 without first obtaining permission from the owner or tenant,
24 except that while trapping, hunting with bow and arrow,
25 hunting with dog and shotgun using shot shells only, or
26 hunting with shotgun using shot shells only, or on licensed
27 game breeding and hunting preserve areas, as defined in
28 Section 3.27, on property operated under a Migratory
29 Waterfowl Hunting Area Permit, on federally owned and managed
30 lands and on Department owned, managed, leased or controlled
31 lands, a 100 yard restriction shall apply.
32 (v) It is unlawful for any person to remove fur-bearing
33 mammals from, or to move or disturb in any manner, the traps
34 owned by another person without written authorization of the
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1 owner to do so.
2 (w) It is unlawful for any owner of a dog to knowingly
3 or wantonly allow his or her dog to pursue, harass or kill
4 deer.
5 (x) It is unlawful for any person to wantonly or
6 carelessly injure or destroy, in any manner whatsoever, any
7 real or personal property on the land of another while
8 engaged in hunting or trapping thereon.
9 (y) It is unlawful to hunt wild game protected by this
10 Act between half hour after sunset and half hour before
11 sunrise except that hunting hours between half hour after
12 sunset and half hour before sunrise may be established by
13 administrative rule for fur-bearing mammals.
14 (z) (Blank). It is unlawful to take any game bird
15 (excluding wild turkeys), migratory game birds or migratory
16 waterfowl protected by this Act when not flying. Nothing in
17 this Section shall prohibit a person from carrying an
18 uncased, unloaded shotgun in a boat, while in pursuit of a
19 crippled migratory waterfowl that is incapable of flight, for
20 the purpose of attempting to reduce the migratory waterfowl
21 to possession, provided that the attempt is made immediately
22 upon downing the migratory waterfowl and is done within 200
23 yards of the blind from which the migratory waterfowl was
24 downed. This exception shall apply only to migratory game
25 birds that are not capable of flight. Migratory waterfowl
26 that are crippled may be taken only with a shotgun as
27 regulated by subsection (j) of this Section using shotgun
28 shells as regulated in subsection (k) of this Section.
29 (aa) It is unlawful to use or possess any device that
30 may be used for tree climbing or cutting, while hunting
31 fur-bearing mammals.
32 (bb) It is unlawful for any person, except licensed game
33 breeders, pursuant to Section 2.29 to import, carry into or
34 possess alive in this State, any species of wildlife taken
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1 outside of this State without obtaining permission to do so
2 from the Director.
3 (cc) It is unlawful for any person to have in their
4 possession any freshly killed species protected by this Act
5 during the season closed for taking.
6 (dd) It is unlawful to take any species protected by
7 this Act and retain it alive.
8 (ee) It is unlawful to possess any rifle while in the
9 field during gun deer season except as provided in Section
10 2.26 and administrative rules.
11 (ff) It is unlawful for any person to take any species
12 protected by this Act, except migratory waterfowl, during the
13 gun deer hunting season in those counties open to gun deer
14 hunting, unless he wears, when in the field, a cap and upper
15 outer garment of a solid blaze orange color, with such
16 articles of clothing displaying a minimum of 400 square
17 inches of blaze orange material.
18 (gg) It is unlawful during the upland game season for
19 any person to take upland game with a firearm unless he or
20 she wears, while in the field, a cap of solid blaze orange
21 color. For purposes of this Act, upland game is defined as
22 Bobwhite Quail, Hungarian Partridge, Ring-necked Pheasant,
23 Eastern Cottontail and Swamp Rabbit.
24 (hh) It shall be unlawful to kill or cripple any species
25 protected by this Act for which there is a daily bag limit
26 without making a reasonable effort to retrieve such species
27 and include such in the daily bag limit.
28 This Section shall apply only to those species protected
29 by this Act taken within the State. Any species or any parts
30 thereof, legally taken in and transported from other states
31 or countries may be possessed within the State, except as
32 provided in this Section and Sections 2.35, 2.36 and 3.21.
33 Nothing contained in this Section shall prohibit the use
34 of bow and arrow, or prevent the Director from issuing
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1 permits to use a crossbow to take deer to handicapped
2 persons. As used herein, "handicapped persons" means those
3 persons who have a permanent physical impairment due to
4 injury or disease, congenital or acquired, which renders them
5 so severely disabled as to be unable to use a conventional
6 bow and arrow device. Permits will be issued only after the
7 receipt of a physician's statement confirming the applicant
8 is handicapped as defined above.
9 Nothing contained in this Section shall prohibit the
10 Director from issuing permits to paraplegics or persons
11 physically unable to walk, to shoot or hunt from a standing
12 vehicle, provided that such is otherwise in accord with this
13 Act.
14 Nothing contained in this Act shall prohibit the taking
15 of aquatic life protected by the Fish Code or birds and
16 mammals protected by this Act, except deer and fur-bearing
17 mammals, from a boat not camouflaged or disguised to alter
18 its identity or to further provide a place of concealment and
19 not propelled by sail or mechanical power. However, only
20 shotguns not larger than 10 gauge nor smaller than .410 bore
21 loaded with not more than 3 shells of a shot size no larger
22 than lead BB or steel T (.20 diameter) may be used to take
23 species protected by this Act.
24 Nothing contained in this Act shall prohibit the use of a
25 shotgun, not larger than 10 gauge nor smaller than a 20
26 gauge, with a rifled barrel.
27 (Source: P.A. 88-468; 88-598, eff. 8-31-94; 89-341, eff.
28 8-17-95.)