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91_HB0430
LRB9102766DHmg
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).
28 (f) It is unlawful to use spears, gigs, hooks or any
29 like device to take any species protected by this Act.
30 (g) It is unlawful to use poisons, chemicals or
31 explosives for the purpose of taking any species protected by
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1 this Act.
2 (h) It is unlawful to hunt adjacent to or near any peat,
3 grass, brush or other inflammable substance when it is
4 burning.
5 (i) It is unlawful to take, pursue or intentionally
6 harass or disturb in any manner any wild birds or mammals by
7 use or aid of any vehicle or conveyance. It is also unlawful
8 to use the lights of any vehicle or conveyance or any light
9 from or any light connected to such vehicle or conveyance in
10 any area where wildlife may be found except in accordance
11 with Section 2.37 of this Act, however, nothing in this
12 Section shall prohibit the normal use of headlamps for the
13 purpose of driving upon a roadway and except that striped
14 skunk, opossum, red fox, gray fox, raccoon and coyote may be
15 taken during the open season by use of a small light which is
16 worn on the body or hand-held by a person on foot and not in
17 any vehicle.
18 (j) It is unlawful to use any shotgun larger than 10
19 gauge while taking or attempting to take any of the species
20 protected by this Act.
21 (k) It is unlawful to use or possess in the field any
22 shotgun shell loaded with a shot size larger than lead BB or
23 steel T (.20 diameter) when taking or attempting to take any
24 species of wild game mammals (excluding white-tailed deer),
25 wild game birds, migratory waterfowl or migratory game birds
26 protected by this Act, except white-tailed deer as provided
27 for in Section 2.26 and other species as provided for by
28 subsection (l) or administrative rule.
29 (l) It is unlawful to take any species of wild game,
30 except white-tailed deer, with a shotgun loaded with slugs
31 unless otherwise provided for by administrative rule.
32 (m) It is unlawful to use any shotgun capable of holding
33 more than 3 shells in the magazine or chamber combined,
34 except on game breeding and hunting preserve areas licensed
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1 under Section 3.27. If the shotgun is capable of holding
2 more than 3 shells, it shall, while being used on an area
3 other than a game breeding and shooting preserve area
4 licensed pursuant to Section 3.27, be fitted with a one piece
5 plug that is irremovable without dismantling the shotgun or
6 otherwise altered to render it incapable of holding more than
7 3 shells in the magazine and chamber, combined.
8 (n) It is unlawful for any person, except persons
9 permitted by law, to have or carry any gun in or on any
10 vehicle, conveyance or aircraft, unless such gun is unloaded
11 and enclosed in a case, except that at field trials
12 authorized by Section 2.34 of this Act, unloaded guns or guns
13 loaded with blank cartridges only, may be carried on
14 horseback while not contained in a case, or to have or carry
15 any bow or arrow device in or on any vehicle unless such bow
16 or arrow device is unstrung or enclosed in a case, or
17 otherwise made inoperable.
18 (o) It is unlawful to use any crossbow for the purpose
19 of taking any wild birds or mammals, except as provided for
20 in Section 2.33.
21 (p) It is unlawful to take game birds, migratory game
22 birds or migratory waterfowl with a rifle, pistol, revolver
23 or airgun.
24 (q) It is unlawful to fire a rifle, pistol, revolver or
25 airgun on, over or into any waters of this State, including
26 frozen waters.
27 (r) It is unlawful to discharge any gun or bow and arrow
28 device along, upon, across, or from any public right-of-way
29 or highway in this State.
30 (s) It is unlawful to use a silencer or other device to
31 muffle or mute the sound of the explosion or report resulting
32 from the firing of any gun.
33 (t) It is unlawful for any person to trap or hunt, or
34 allow a dog to hunt, within or upon the land of another, or
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1 upon waters flowing over or standing on the land of another,
2 without first obtaining permission from the owner or tenant.
3 It shall be prima facie evidence that a person does not have
4 permission of the owner or tenant if the person is unable to
5 demonstrate to the law enforcement officer in the field that
6 permission had been obtained. This provision may only be
7 rebutted by testimony of the owner or tenant that permission
8 had been given. Before enforcing this Section the law
9 enforcement officer must have received notice from the owner
10 or tenant of a violation of this Section. Statements made to
11 the law enforcement officer regarding this notice shall not
12 be rendered inadmissible by the hearsay rule when offered for
13 the purpose of showing the required notice.
14 (u) It is unlawful for any person to discharge any
15 firearm for the purpose of taking any of the species
16 protected by this Act, or hunt with gun or dog, or allow a
17 dog to hunt, within 300 yards of an inhabited dwelling
18 without first obtaining permission from the owner or tenant,
19 except that while trapping, hunting with bow and arrow,
20 hunting with dog and shotgun using shot shells only, or
21 hunting with shotgun using shot shells only, or on licensed
22 game breeding and hunting preserve areas, as defined in
23 Section 3.27, on property operated under a Migratory
24 Waterfowl Hunting Area Permit, on federally owned and managed
25 lands and on Department owned, managed, leased or controlled
26 lands, a 100 yard restriction shall apply.
27 (v) It is unlawful for any person to remove fur-bearing
28 mammals from, or to move or disturb in any manner, the traps
29 owned by another person without written authorization of the
30 owner to do so.
31 (w) It is unlawful for any owner of a dog to knowingly
32 or wantonly allow his or her dog to pursue, harass or kill
33 deer; but a dog may be used to track and pursue a previously
34 wounded deer.
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1 (x) It is unlawful for any person to wantonly or
2 carelessly injure or destroy, in any manner whatsoever, any
3 real or personal property on the land of another while
4 engaged in hunting or trapping thereon.
5 (y) It is unlawful to hunt wild game protected by this
6 Act between half hour after sunset and half hour before
7 sunrise except that hunting hours between half hour after
8 sunset and half hour before sunrise may be established by
9 administrative rule for fur-bearing mammals.
10 (z) It is unlawful to take any game bird (excluding wild
11 turkeys and crippled pheasants not capable of normal flight
12 and otherwise irretrievable) protected by this Act when not
13 flying. Nothing in this Section shall prohibit a person from
14 carrying an uncased, unloaded shotgun in a boat, while in
15 pursuit of a crippled migratory waterfowl that is incapable
16 of normal flight, for the purpose of attempting to reduce the
17 migratory waterfowl to possession, provided that the attempt
18 is made immediately upon downing the migratory waterfowl and
19 is done within 400 yards of the blind from which the
20 migratory waterfowl was downed. This exception shall apply
21 only to migratory game birds that are not capable of normal
22 flight. Migratory waterfowl that are crippled may be taken
23 only with a shotgun as regulated by subsection (j) of this
24 Section using shotgun shells as regulated in subsection (k)
25 of this Section.
26 (aa) It is unlawful to use or possess any device that
27 may be used for tree climbing or cutting, while hunting
28 fur-bearing mammals.
29 (bb) It is unlawful for any person, except licensed game
30 breeders, pursuant to Section 2.29 to import, carry into or
31 possess alive in this State, any species of wildlife taken
32 outside of this State without obtaining permission to do so
33 from the Director.
34 (cc) It is unlawful for any person to have in their
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1 possession any freshly killed species protected by this Act
2 during the season closed for taking.
3 (dd) It is unlawful to take any species protected by
4 this Act and retain it alive.
5 (ee) It is unlawful to possess any rifle while in the
6 field during gun deer season except as provided in Section
7 2.26 and administrative rules.
8 (ff) It is unlawful for any person to take any species
9 protected by this Act, except migratory waterfowl, during the
10 gun deer hunting season in those counties open to gun deer
11 hunting, unless he wears, when in the field, a cap and upper
12 outer garment of a solid blaze orange color, with such
13 articles of clothing displaying a minimum of 400 square
14 inches of blaze orange material.
15 (gg) It is unlawful during the upland game season for
16 any person to take upland game with a firearm unless he or
17 she wears, while in the field, a cap of solid blaze orange
18 color. For purposes of this Act, upland game is defined as
19 Bobwhite Quail, Hungarian Partridge, Ring-necked Pheasant,
20 Eastern Cottontail and Swamp Rabbit.
21 (hh) It shall be unlawful to kill or cripple any species
22 protected by this Act for which there is a daily bag limit
23 without making a reasonable effort to retrieve such species
24 and include such in the daily bag limit.
25 This Section shall apply only to those species protected
26 by this Act taken within the State. Any species or any parts
27 thereof, legally taken in and transported from other states
28 or countries may be possessed within the State, except as
29 provided in this Section and Sections 2.35, 2.36 and 3.21.
30 Nothing contained in this Section shall prohibit the use
31 of bow and arrow, or prevent the Director from issuing
32 permits to use a crossbow to handicapped persons. As used
33 herein, "handicapped persons" means those persons who have a
34 permanent physical impairment due to injury or disease,
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1 congenital or acquired, which renders them so severely
2 disabled as to be unable to use a conventional bow and arrow
3 device. Permits will be issued only after the receipt of a
4 physician's statement confirming the applicant is handicapped
5 as defined above.
6 Nothing contained in this Section shall prohibit the
7 Director from issuing permits to paraplegics or persons
8 physically unable to walk, to shoot or hunt from a standing
9 vehicle, provided that such is otherwise in accord with this
10 Act.
11 Nothing contained in this Act shall prohibit the taking
12 of aquatic life protected by the Fish Code or birds and
13 mammals protected by this Act, except deer and fur-bearing
14 mammals, from a boat not camouflaged or disguised to alter
15 its identity or to further provide a place of concealment and
16 not propelled by sail or mechanical power. However, only
17 shotguns not larger than 10 gauge nor smaller than .410 bore
18 loaded with not more than 3 shells of a shot size no larger
19 than lead BB or steel T (.20 diameter) may be used to take
20 species protected by this Act.
21 Nothing contained in this Act shall prohibit the use of a
22 shotgun, not larger than 10 gauge nor smaller than a 20
23 gauge, with a rifled barrel.
24 (Source: P.A. 89-341, eff. 8-17-95; 90-743, eff. 1-1-99.)