State of Illinois
90th General Assembly

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 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.
                            -2-              LRB9007301PTbdam
 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
                            -3-              LRB9007301PTbdam
 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
                            -4-              LRB9007301PTbdam
 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
                            -5-              LRB9007301PTbdam
 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
                            -6-              LRB9007301PTbdam
 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
                            -7-              LRB9007301PTbdam
 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
                            -8-              LRB9007301PTbdam
 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.
                            -9-              LRB9007301PTbdam
 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
                            -11-             LRB9007301PTbdam
 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
                            -12-             LRB9007301PTbdam
 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.)".

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