State of Illinois
90th General Assembly
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90_SB1195

      520 ILCS 5/2.33           from Ch. 61, par. 2.33
          Amends the Wildlife Code.  In provisions  permitting  the
      Director  of  Natural  Resources  to  issue  a  permit  to  a
      handicapped  person to hunt with a crossbow, deletes language
      limiting the permit to the taking of deer.
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                                               LRB9007301SMpk
 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)  It is unlawful to use any  recording  or  electronic
28    calling  device  to attract or attempt to attract, or to take
29    or attempt to take, any of the wild mammals,  wild  birds  or
30    fur-bearing  mammals protected by this Act between sunset and
31    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 any  shotgun  shell
26    loaded  with  a shot size larger than lead BB or steel T (.20
27    diameter)  when taking or attempting to take any  species  of
28    wild game mammals, wild game birds, wild fur-bearing mammals,
29    migratory waterfowl or migratory game birds protected by this
30    Act, except white-tailed deer as provided for in Section 2.26
31    and other species as provided for by administrative rule.
32        (l)  It  is  unlawful  to  take any species of wild game,
33    except white-tailed deer, with a shotgun loaded  with  rifled
34    slugs unless otherwise provided for by administrative rule.
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 1        (m)  It is unlawful to use any shotgun capable of holding
 2    more  than  3  shells  in  the  magazine or chamber combined,
 3    except on game breeding and hunting preserve  areas  licensed
 4    under  Section  3.27.   If  the shotgun is capable of holding
 5    more than 3 shells, it shall, while being  used  on  an  area
 6    other  than  a  game  breeding  and  shooting  preserve  area
 7    licensed pursuant to Section 3.27, be fitted with a one piece
 8    plug  that  is irremovable without dismantling the shotgun or
 9    otherwise altered to render it incapable of holding more than
10    3 shells in the magazine and chamber, combined.
11        (n)  It  is  unlawful  for  any  person,  except  persons
12    permitted by law, to have or carry  any  gun  in  or  on  any
13    vehicle,  conveyance or aircraft, unless such gun is unloaded
14    and  enclosed  in  a  case,  except  that  at  field   trials
15    authorized by Section 2.34 of this Act, unloaded guns or guns
16    loaded   with  blank  cartridges  only,  may  be  carried  on
17    horseback while not contained in a case, or to have or  carry
18    any  bow or arrow device in or on any vehicle unless such bow
19    or arrow device  is  unstrung  or  enclosed  in  a  case,  or
20    otherwise made inoperable.
21        (o)  It  is  unlawful to use any crossbow for the purpose
22    of taking any wild birds or mammals, except as  provided  for
23    in Section 2.33.
24        (p)  It  is  unlawful  to take game birds, migratory game
25    birds or migratory waterfowl with a rifle,  pistol,  revolver
26    or airgun.
27        (q)  It  is unlawful to fire a rifle, pistol, revolver or
28    airgun on, over or into any waters of this  State,  including
29    frozen waters.
30        (r)  It is unlawful to discharge any gun or bow and arrow
31    device  along,  upon, across, or from any public right-of-way
32    or highway in this State.
33        (s)  It is unlawful to use a silencer or other device  to
34    muffle or mute the sound of the explosion or report resulting
                            -4-                LRB9007301SMpk
 1    from the firing of any gun.
 2        (t)  It  is  unlawful  for any person to trap or hunt, or
 3    allow a dog to hunt, within or upon the land of  another,  or
 4    upon  waters flowing over or standing on the land of another,
 5    without first obtaining permission from the owner or  tenant.
 6    It  shall be prima facie evidence that a person does not have
 7    permission of the owner or tenant if the person is unable  to
 8    demonstrate  to the law enforcement officer in the field that
 9    permission had been obtained.  This  provision  may  only  be
10    rebutted  by testimony of the owner or tenant that permission
11    had  been  given.  Before  enforcing  this  Section  the  law
12    enforcement officer must have received notice from the  owner
13    or  tenant of a violation of this Section. Statements made to
14    the law enforcement officer regarding this notice  shall  not
15    be rendered inadmissible by the hearsay rule when offered for
16    the purpose of showing the required notice.
17        (u)  It  is  unlawful  for  any  person  to discharge any
18    firearm  for  the  purpose  of  taking  any  of  the  species
19    protected by this Act, or hunt with gun or dog,  or  allow  a
20    dog  to  hunt,  within  300  yards  of  an inhabited dwelling
21    without first obtaining permission from the owner or  tenant,
22    except  that  while  trapping,  hunting  with  bow and arrow,
23    hunting with dog and  shotgun  using  shot  shells  only,  or
24    hunting  with  shotgun using shot shells only, or on licensed
25    game breeding and  hunting  preserve  areas,  as  defined  in
26    Section   3.27,   on  property  operated  under  a  Migratory
27    Waterfowl Hunting Area Permit, on federally owned and managed
28    lands and on Department owned, managed, leased or  controlled
29    lands, a 100 yard restriction shall apply.
30        (v)  It  is unlawful for any person to remove fur-bearing
31    mammals from, or to move or disturb in any manner, the  traps
32    owned  by another person without written authorization of the
33    owner to do so.
34        (w)  It is unlawful for any owner of a dog  to  knowingly
                            -5-                LRB9007301SMpk
 1    or  wantonly  allow  his or her dog to pursue, harass or kill
 2    deer.
 3        (x)  It  is  unlawful  for  any  person  to  wantonly  or
 4    carelessly injure or destroy, in any manner  whatsoever,  any
 5    real  or  personal  property  on  the  land  of another while
 6    engaged in hunting or trapping thereon.
 7        (y)  It is unlawful to hunt wild game protected  by  this
 8    Act  between  half  hour  after  sunset  and half hour before
 9    sunrise except that hunting hours  between  half  hour  after
10    sunset  and  half  hour  before sunrise may be established by
11    administrative rule for fur-bearing mammals.
12        (z)  It is unlawful to take any game bird (excluding wild
13    turkeys),  migratory  game  birds  or   migratory   waterfowl
14    protected  by  this  Act  when  not  flying.  Nothing in this
15    Section shall prohibit a person  from  carrying  an  uncased,
16    unloaded  shotgun  in  a boat, while in pursuit of a crippled
17    migratory waterfowl that is  incapable  of  flight,  for  the
18    purpose  of  attempting  to reduce the migratory waterfowl to
19    possession, provided that the  attempt  is  made  immediately
20    upon  downing  the migratory waterfowl and is done within 200
21    yards of the blind from which  the  migratory  waterfowl  was
22    downed.  This  exception  shall  apply only to migratory game
23    birds that are not capable of  flight.   Migratory  waterfowl
24    that  are  crippled  may  be  taken  only  with  a shotgun as
25    regulated by subsection (j) of  this  Section  using  shotgun
26    shells as regulated in subsection (k) of this Section.
27        (aa)  It  is  unlawful  to use or possess any device that
28    may be used for  tree  climbing  or  cutting,  while  hunting
29    fur-bearing mammals.
30        (bb)  It is unlawful for any person, except licensed game
31    breeders,  pursuant  to Section 2.29 to import, carry into or
32    possess alive in this State, any species  of  wildlife  taken
33    outside  of  this State without obtaining permission to do so
34    from the Director.
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 1        (cc)  It is unlawful for any  person  to  have  in  their
 2    possession  any  freshly killed species protected by this Act
 3    during the season closed for taking.
 4        (dd)  It is unlawful to take  any  species  protected  by
 5    this Act and retain it alive.
 6        (ee)  It  is  unlawful  to possess any rifle while in the
 7    field during gun deer season except as  provided  in  Section
 8    2.26 and administrative rules.
 9        (ff)  It  is  unlawful for any person to take any species
10    protected by this Act, except migratory waterfowl, during the
11    gun deer hunting season in those counties open  to  gun  deer
12    hunting,  unless he wears, when in the field, a cap and upper
13    outer garment of  a  solid  blaze  orange  color,  with  such
14    articles  of  clothing  displaying  a  minimum  of 400 square
15    inches of blaze orange material.
16        (gg)  It is unlawful during the upland  game  season  for
17    any  person  to  take upland game with a firearm unless he or
18    she wears, while in the field, a cap of  solid  blaze  orange
19    color.   For  purposes of this Act, upland game is defined as
20    Bobwhite Quail, Hungarian  Partridge,  Ring-necked  Pheasant,
21    Eastern Cottontail and Swamp Rabbit.
22        (hh)  It shall be unlawful to kill or cripple any species
23    protected  by  this  Act for which there is a daily bag limit
24    without making a reasonable effort to retrieve  such  species
25    and include such in the daily bag limit.
26        This  Section shall apply only to those species protected
27    by this Act taken within the State.  Any species or any parts
28    thereof, legally taken in and transported from  other  states
29    or  countries  may  be  possessed within the State, except as
30    provided in this Section and Sections 2.35, 2.36 and 3.21.
31        Nothing contained in this Section shall prohibit the  use
32    of  bow  and  arrow,  or  prevent  the  Director from issuing
33    permits to  use  a  crossbow  to  take  deer  to  handicapped
34    persons.  As  used  herein, "handicapped persons" means those
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 1    persons who have  a  permanent  physical  impairment  due  to
 2    injury or disease, congenital or acquired, which renders them
 3    so  severely  disabled  as to be unable to use a conventional
 4    bow and arrow device. Permits will be issued only  after  the
 5    receipt  of  a physician's statement confirming the applicant
 6    is handicapped as defined above.
 7        Nothing contained in  this  Section  shall  prohibit  the
 8    Director  from  issuing  permits  to  paraplegics  or persons
 9    physically unable to walk, to shoot or hunt from  a  standing
10    vehicle,  provided that such is otherwise in accord with this
11    Act.
12        Nothing contained in this Act shall prohibit  the  taking
13    of  aquatic  life  protected  by  the  Fish Code or birds and
14    mammals protected by this Act, except deer  and   fur-bearing
15    mammals,  from  a  boat not camouflaged or disguised to alter
16    its identity or to further provide a place of concealment and
17    not propelled by sail or  mechanical  power.   However,  only
18    shotguns  not larger than 10 gauge nor smaller than .410 bore
19    loaded with not more than 3 shells of a shot size  no  larger
20    than  lead  BB  or steel T (.20 diameter) may be used to take
21    species protected by this Act.
22        Nothing contained in this Act shall prohibit the use of a
23    shotgun, not larger than 10  gauge  nor  smaller  than  a  20
24    gauge, with a rifled barrel.
25    (Source:  P.A.  88-468;  88-598,  eff.  8-31-94; 89-341, eff.
26    8-17-95.)

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