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90_SB1195ham001
LRB9007301PTbdam
1 AMENDMENT TO SENATE BILL 1195
2 AMENDMENT NO. . Amend Senate Bill 1195 by replacing
3 the title with the following:
4 "AN ACT to amend the Wildlife Code by changing Sections
5 2.33, 2.36a, and 3.5."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Wildlife Code is amended by changing
9 Sections 2.33, 2.36a, and 3.5 as follows:
10 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
11 Sec. 2.33. Prohibitions.
12 (a) It is unlawful to carry or possess any gun in any
13 State refuge unless otherwise permitted by administrative
14 rule.
15 (b) It is unlawful to use or possess any snare or
16 snare-like device, deadfall, net, or pit trap to take any
17 species, except that snares not powered by springs or other
18 mechanical devices may be used to trap fur-bearing mammals,
19 in water sets only, if at least one-half of the snare noose
20 is located underwater at all times.
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1 (c) It is unlawful for any person at any time to take a
2 wild mammal protected by this Act from its den by means of
3 any mechanical device, spade, or digging device or to use
4 smoke or other gases to dislodge or remove such mammal except
5 as provided in Section 2.37.
6 (d) It is unlawful to use a ferret or any other small
7 mammal which is used in the same or similar manner for which
8 ferrets are used for the purpose of frightening or driving
9 any mammals from their dens or hiding places.
10 (e) (Blank). It is unlawful to use any recording or
11 electronic calling device to attract or attempt to attract,
12 or to take or attempt to take, any of the wild mammals, wild
13 birds or fur-bearing mammals protected by this Act between
14 sunset and sunrise.
15 (f) It is unlawful to use spears, gigs, hooks or any
16 like device to take any species protected by this Act.
17 (g) It is unlawful to use poisons, chemicals or
18 explosives for the purpose of taking any species protected by
19 this Act.
20 (h) It is unlawful to hunt adjacent to or near any peat,
21 grass, brush or other inflammable substance when it is
22 burning.
23 (i) It is unlawful to take, pursue or intentionally
24 harass or disturb in any manner any wild birds or mammals by
25 use or aid of any vehicle or conveyance. It is also unlawful
26 to use the lights of any vehicle or conveyance or any light
27 from or any light connected to such vehicle or conveyance in
28 any area where wildlife may be found except in accordance
29 with Section 2.37 of this Act, however, nothing in this
30 Section shall prohibit the normal use of headlamps for the
31 purpose of driving upon a roadway and except that striped
32 skunk, opossum, red fox, gray fox, raccoon and coyote may be
33 taken during the open season by use of a small light which is
34 worn on the body or hand-held by a person on foot and not in
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1 any vehicle.
2 (j) It is unlawful to use any shotgun larger than 10
3 gauge while taking or attempting to take any of the species
4 protected by this Act.
5 (k) It is unlawful to use or possess in the field any
6 shotgun shell loaded with a shot size larger than lead BB or
7 steel T (.20 diameter) when taking or attempting to take any
8 species of wild game mammals (excluding white-tailed deer),
9 wild game birds, wild fur-bearing mammals, migratory
10 waterfowl or migratory game birds protected by this Act,
11 except white-tailed deer as provided for in Section 2.26 and
12 other species as provided for by subsection (l) or
13 administrative rule.
14 (l) It is unlawful to take any species of wild game,
15 except white-tailed deer, with a shotgun loaded with rifled
16 slugs unless otherwise provided for by administrative rule.
17 (m) It is unlawful to use any shotgun capable of holding
18 more than 3 shells in the magazine or chamber combined,
19 except on game breeding and hunting preserve areas licensed
20 under Section 3.27. If the shotgun is capable of holding
21 more than 3 shells, it shall, while being used on an area
22 other than a game breeding and shooting preserve area
23 licensed pursuant to Section 3.27, be fitted with a one piece
24 plug that is irremovable without dismantling the shotgun or
25 otherwise altered to render it incapable of holding more than
26 3 shells in the magazine and chamber, combined.
27 (n) It is unlawful for any person, except persons
28 permitted by law, to have or carry any gun in or on any
29 vehicle, conveyance or aircraft, unless such gun is unloaded
30 and enclosed in a case, except that at field trials
31 authorized by Section 2.34 of this Act, unloaded guns or guns
32 loaded with blank cartridges only, may be carried on
33 horseback while not contained in a case, or to have or carry
34 any bow or arrow device in or on any vehicle unless such bow
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1 or arrow device is unstrung or enclosed in a case, or
2 otherwise made inoperable.
3 (o) It is unlawful to use any crossbow for the purpose
4 of taking any wild birds or mammals, except as provided for
5 in Section 2.33.
6 (p) It is unlawful to take game birds, migratory game
7 birds or migratory waterfowl with a rifle, pistol, revolver
8 or airgun.
9 (q) It is unlawful to fire a rifle, pistol, revolver or
10 airgun on, over or into any waters of this State, including
11 frozen waters.
12 (r) It is unlawful to discharge any gun or bow and arrow
13 device along, upon, across, or from any public right-of-way
14 or highway in this State.
15 (s) It is unlawful to use a silencer or other device to
16 muffle or mute the sound of the explosion or report resulting
17 from the firing of any gun.
18 (t) It is unlawful for any person to trap or hunt, or
19 allow a dog to hunt, within or upon the land of another, or
20 upon waters flowing over or standing on the land of another,
21 without first obtaining permission from the owner or tenant.
22 It shall be prima facie evidence that a person does not have
23 permission of the owner or tenant if the person is unable to
24 demonstrate to the law enforcement officer in the field that
25 permission had been obtained. This provision may only be
26 rebutted by testimony of the owner or tenant that permission
27 had been given. Before enforcing this Section the law
28 enforcement officer must have received notice from the owner
29 or tenant of a violation of this Section. Statements made to
30 the law enforcement officer regarding this notice shall not
31 be rendered inadmissible by the hearsay rule when offered for
32 the purpose of showing the required notice.
33 (u) It is unlawful for any person to discharge any
34 firearm for the purpose of taking any of the species
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1 protected by this Act, or hunt with gun or dog, or allow a
2 dog to hunt, within 300 yards of an inhabited dwelling
3 without first obtaining permission from the owner or tenant,
4 except that while trapping, hunting with bow and arrow,
5 hunting with dog and shotgun using shot shells only, or
6 hunting with shotgun using shot shells only, or on licensed
7 game breeding and hunting preserve areas, as defined in
8 Section 3.27, on property operated under a Migratory
9 Waterfowl Hunting Area Permit, on federally owned and managed
10 lands and on Department owned, managed, leased or controlled
11 lands, a 100 yard restriction shall apply.
12 (v) It is unlawful for any person to remove fur-bearing
13 mammals from, or to move or disturb in any manner, the traps
14 owned by another person without written authorization of the
15 owner to do so.
16 (w) It is unlawful for any owner of a dog to knowingly
17 or wantonly allow his or her dog to pursue, harass or kill
18 deer.
19 (x) It is unlawful for any person to wantonly or
20 carelessly injure or destroy, in any manner whatsoever, any
21 real or personal property on the land of another while
22 engaged in hunting or trapping thereon.
23 (y) It is unlawful to hunt wild game protected by this
24 Act between half hour after sunset and half hour before
25 sunrise except that hunting hours between half hour after
26 sunset and half hour before sunrise may be established by
27 administrative rule for fur-bearing mammals.
28 (z) It is unlawful to take any game bird (excluding wild
29 turkeys and crippled pheasants not capable of normal flight
30 and otherwise irretrievable), migratory game birds or
31 migratory waterfowl protected by this Act when not flying.
32 Nothing in this Section shall prohibit a person from carrying
33 an uncased, unloaded shotgun in a boat, while in pursuit of a
34 crippled migratory waterfowl that is incapable of normal
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1 flight, for the purpose of attempting to reduce the migratory
2 waterfowl to possession, provided that the attempt is made
3 immediately upon downing the migratory waterfowl and is done
4 within 400 200 yards of the blind from which the migratory
5 waterfowl was downed. This exception shall apply only to
6 migratory game birds that are not capable of normal flight.
7 Migratory waterfowl that are crippled may be taken only with
8 a shotgun as regulated by subsection (j) of this Section
9 using shotgun shells as regulated in subsection (k) of this
10 Section.
11 (aa) It is unlawful to use or possess any device that
12 may be used for tree climbing or cutting, while hunting
13 fur-bearing mammals.
14 (bb) It is unlawful for any person, except licensed game
15 breeders, pursuant to Section 2.29 to import, carry into or
16 possess alive in this State, any species of wildlife taken
17 outside of this State without obtaining permission to do so
18 from the Director.
19 (cc) It is unlawful for any person to have in their
20 possession any freshly killed species protected by this Act
21 during the season closed for taking.
22 (dd) It is unlawful to take any species protected by
23 this Act and retain it alive.
24 (ee) It is unlawful to possess any rifle while in the
25 field during gun deer season except as provided in Section
26 2.26 and administrative rules.
27 (ff) It is unlawful for any person to take any species
28 protected by this Act, except migratory waterfowl, during the
29 gun deer hunting season in those counties open to gun deer
30 hunting, unless he wears, when in the field, a cap and upper
31 outer garment of a solid blaze orange color, with such
32 articles of clothing displaying a minimum of 400 square
33 inches of blaze orange material.
34 (gg) It is unlawful during the upland game season for
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1 any person to take upland game with a firearm unless he or
2 she wears, while in the field, a cap of solid blaze orange
3 color. For purposes of this Act, upland game is defined as
4 Bobwhite Quail, Hungarian Partridge, Ring-necked Pheasant,
5 Eastern Cottontail and Swamp Rabbit.
6 (hh) It shall be unlawful to kill or cripple any species
7 protected by this Act for which there is a daily bag limit
8 without making a reasonable effort to retrieve such species
9 and include such in the daily bag limit.
10 This Section shall apply only to those species protected
11 by this Act taken within the State. Any species or any parts
12 thereof, legally taken in and transported from other states
13 or countries may be possessed within the State, except as
14 provided in this Section and Sections 2.35, 2.36 and 3.21.
15 Nothing contained in this Section shall prohibit the use
16 of bow and arrow, or prevent the Director from issuing
17 permits to use a crossbow to take deer to handicapped
18 persons. As used herein, "handicapped persons" means those
19 persons who have a permanent physical impairment due to
20 injury or disease, congenital or acquired, which renders them
21 so severely disabled as to be unable to use a conventional
22 bow and arrow device. Permits will be issued only after the
23 receipt of a physician's statement confirming the applicant
24 is handicapped as defined above.
25 Nothing contained in this Section shall prohibit the
26 Director from issuing permits to paraplegics or persons
27 physically unable to walk, to shoot or hunt from a standing
28 vehicle, provided that such is otherwise in accord with this
29 Act.
30 Nothing contained in this Act shall prohibit the taking
31 of aquatic life protected by the Fish Code or birds and
32 mammals protected by this Act, except deer and fur-bearing
33 mammals, from a boat not camouflaged or disguised to alter
34 its identity or to further provide a place of concealment and
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1 not propelled by sail or mechanical power. However, only
2 shotguns not larger than 10 gauge nor smaller than .410 bore
3 loaded with not more than 3 shells of a shot size no larger
4 than lead BB or steel T (.20 diameter) may be used to take
5 species protected by this Act.
6 Nothing contained in this Act shall prohibit the use of a
7 shotgun, not larger than 10 gauge nor smaller than a 20
8 gauge, with a rifled barrel.
9 (Source: P.A. 88-468; 88-598, eff. 8-31-94; 89-341, eff.
10 8-17-95.)
11 (520 ILCS 5/2.36a) (from Ch. 61, par. 2.36a)
12 Sec. 2.36a. Value of protected species; violations.
13 (a) Any person who, for profit or commercial purposes,
14 knowingly captures or kills, possesses, offers for sale,
15 sells, offers to barter, barters, offers to purchase,
16 purchases, delivers for shipment, ships, exports, imports,
17 causes to be shipped, exported, or imported, delivers for
18 transportation, transports or causes to be transported,
19 carries or causes to be carried, or receives for shipment,
20 transportation, carriage, or export any animal or part of
21 animal of the species protected by this Act, contrary to the
22 provisions of this Act, and such animals, in whole or in
23 part, are valued at or in excess of a total of $300, as per
24 specie value specified in subsection (c) of this Section,
25 commits a Class 3 felony.
26 A person shall be guilty of a Class 4 felony if convicted
27 under this Section for more than one violation within a
28 90-day period where the animals of each violation are not
29 valued at or in excess of $300, but the total value of the
30 animals from the multiple violations is at or in excess of
31 $300. The prosecution for a Class 4 felony for these
32 multiple violations must be alleged in a single charge or
33 indictment and brought in a single prosecution.
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1 (b) Possession of animals, in whole or in part, captured
2 or killed in violation of this Act, valued at or in excess of
3 $600, as per specie value specified in subsection (c) of this
4 Section, shall be considered prima facie evidence of
5 possession for profit or commercial purposes.
6 (c) For purposes of this Section, the fair market value
7 or replacement cost, whichever is greater, shall be used to
8 determine the value of the species protected by this Act, but
9 in no case shall the minimum the value of all species
10 protected by this Act be less than are as follows:
11 (1) Bald Eagle, $500 $200;
12 (2) Whitetail deer and wild turkey, $250 $145;
13 (3) Fur-bearing mammals, $25;
14 (4) Game birds, (except the wild turkey) and,
15 migratory game birds (except Trumpeter swans), $25
16 resident and migratory non-game birds (except bald eagle
17 and those listed in (5) below), game mammals (except
18 whitetail deer), and non-game mammals, $10;
19 (5) Eagles, Owls, hawks, falcons, kites, harriers,
20 and ospreys, and other birds of prey $125;.
21 (6) Game mammals (except whitetail deer), $25;
22 (7) Other mammals, $50;
23 (8) Resident and migratory non-game birds (except
24 birds of prey), $50;
25 (9) Trumpeter swans, $250.
26 (Source: P.A. 87-435.)
27 (520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
28 Sec. 3.5. Penalties; probation.
29 (a) Any person who violates any of the provisions of
30 Section 2.36a, including administrative rules, shall be
31 guilty of a Class 3 felony, except as otherwise provided in
32 subsection (b) of this Section and subsection (a) of Section
33 2.36a.
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1 (b) Whenever any person who has not previously been
2 convicted of, or placed on probation or court supervision
3 for, any offense under Section 1.22, 2.36, or 2.36a or
4 subsection (i) or (cc) of Section 2.33, the court may,
5 without entering a judgment and with the person's consent,
6 sentence the person to probation for a violation of Section
7 2.36a.
8 (1) When a person is placed on probation, the court
9 shall enter an order specifying a period of probation of
10 24 months and shall defer further proceedings in the case
11 until the conclusion of the period or until the filing of
12 a petition alleging violation of a term or condition of
13 probation.
14 (2) The conditions of probation shall be that the
15 person:
16 (A) Not violate any criminal statute of any
17 jurisdiction.
18 (B) Perform no less than 30 hours of community
19 service, provided community service is available in
20 the jurisdiction and is funded and approved by the
21 county board.
22 (3) The court may, in addition to other conditions:
23 (A) Require that the person make a report to
24 and appear in person before or participate with the
25 court or courts, person, or social service agency as
26 directed by the court in the order of probation.
27 (B) Require that the person pay a fine and
28 costs.
29 (C) Require that the person refrain from
30 possessing a firearm or other dangerous weapon.
31 (D) Prohibit the person from associating with
32 any person who is actively engaged in any of the
33 activities regulated by the permits issued or
34 privileges granted by the Department of Natural
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1 Resources.
2 (4) Upon violation of a term or condition of
3 probation, the court may enter a judgment on its original
4 finding of guilt and proceed as otherwise provided.
5 (5) Upon fulfillment of the terms and conditions of
6 probation, the court shall discharge the person and
7 dismiss the proceedings against the person.
8 (6) A disposition of probation is considered to be
9 a conviction for the purposes of imposing the conditions
10 of probation, for appeal, and for administrative
11 revocation and suspension of licenses and privileges;
12 however, discharge and dismissal under this Section is
13 not a conviction for purposes of disqualification or
14 disabilities imposed by law upon conviction of a crime.
15 (7) Discharge and dismissal under this Section may
16 occur only once with respect to any person.
17 (8) If a person is convicted of an offense under
18 this Act within 5 years subsequent to a discharge and
19 dismissal under this Section, the discharge and dismissal
20 under this Section shall be admissible in the sentencing
21 proceeding for that conviction as a factor in
22 aggravation.
23 (9) The Circuit Clerk shall notify the Department
24 of State Police of all persons convicted of or placed
25 under probation for violations of Section 2.36a.
26 (c) Any person who violates any of the provisions of
27 Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,
28 2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),
29 and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 - 3.16, 3.19 - 3.21,
30 and 3.24 - 3.26, including administrative rules, shall be
31 guilty of a Class B misdemeanor.
32 Any person who violates any of the provisions of Sections
33 1.22, 2.4, 2.36 and 2.38, including administrative rules,
34 shall be guilty of a Class A misdemeanor. Any second or
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1 subsequent violations of Sections 2.4 and 2.36 shall be a
2 Class 4 felony.
3 Any person who violates any of the provisions of this
4 Act, including administrative rules, during such period when
5 his license, privileges, or permit is revoked or denied by
6 virtue of Section 3.36, shall be guilty of a Class A
7 misdemeanor.
8 Any person who violates subsection (g), (i), (o), (p),
9 (y), or (cc) of Section 2.33 shall be guilty of a Class A
10 misdemeanor and subject to a fine of no less than $500 and no
11 more than $5,000 in addition to other statutory penalties.
12 Any person who violates any other of the provisions of
13 this Act including administrative rules, unless otherwise
14 stated, shall be guilty of a petty offense. Offenses
15 committed by minors under the direct control or with the
16 consent of a parent or guardian may subject the parent or
17 guardian to the penalties prescribed in this Section.
18 In addition to any fines imposed pursuant to the
19 provisions of this Section or as otherwise provided in this
20 Act, any person found guilty of unlawfully taking or
21 possessing any species protected by this Act, shall be
22 assessed a civil penalty for such species in accordance with
23 the values prescribed in Section 2.36a of this Act. This
24 civil penalty shall be imposed by the Circuit Court for the
25 county within which the offense was committed at the time of
26 the conviction. All penalties provided for in this Section
27 shall be remitted to the Department in accordance with the
28 same provisions provided for in Section 1.18 of this Act.
29 (Source: P.A. 86-354; 86-1039; 87-798.)".