State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Amendatory Veto Motion 001 ][ Engrossed ]
[ Enrolled ][ Governor's Message ][ Senate Amendment 001 ]


92_HB2528ren

 
HB2528 Re-Enrolled                             LRB9206863TAtm

 1        AN ACT to amend the Fish and Aquatic Life Code.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Fish and Aquatic Life Code is amended by
 5    changing Section 20-35 and adding Section 1-20.5 as follows:

 6        (515 ILCS 5/1-20.5 new)
 7        Sec. 1-20.5.  Aquatic life  farm.   "Aquatic  life  farm"
 8    means  property: (i) containing any or a combination of levee
 9    ponds, a strip mine lake, or other  type  of  lake  that  has
10    floating  cages,  raceways,  or  other  aquatic  life rearing
11    equipment and (ii) where the owner of the aquatic  life  farm
12    has  posted  a conspicuous written notice to that effect.  If
13    more than one person owns or has title to the lake,  "aquatic
14    life farm" means the area of the lake containing the floating
15    cages, raceways, or other aquatic life rearing equipment.

16        (515 ILCS 5/20-35) (from Ch. 56, par. 20-35)
17        Sec. 20-35.  Offenses.
18        (a)  Except  as  prescribed  in  Section  5-25 and unless
19    otherwise provided in this Code,  any  person  who  is  found
20    guilty  of  violating  any  of  the  provisions of this Code,
21    including administrative rules, shall be guilty  of  a  petty
22    offense.
23        Any  person who violates any of the provisions of Section
24    10-80,  including  administrative  rules  relating  to   that
25    Section, shall be guilty of a Class B misdemeanor.
26        Any  person who violates any of the provisions of Section
27    1-200 or 10-55 of this Code, including  administrative  rules
28    relating  to  those  Sections,  shall  be guilty of a Class A
29    misdemeanor.
30        Any person who violates any of  the  provisions  of  this
 
HB2528 Re-Enrolled            -2-              LRB9206863TAtm
 1    Code,  including  administrative  rules,  during  the 5 years
 2    following the revocation of his or her  license,  permit,  or
 3    privileges  under Section 20-105 shall be guilty of a Class A
 4    misdemeanor.
 5        Any person  who  violates  Section  5-25  of  this  Code,
 6    including  administrative rules, shall be guilty of a Class 3
 7    felony.
 8        (b)(1)  It is unlawful for any person to take or  attempt
 9    to  take  aquatic life from any aquatic life farm except with
10    the consent of the owner  of  the  aquatic  life  farm.   Any
11    person  possessing  fishing  tackle  on  the  premises  of an
12    aquatic life farm is presumed to be fishing. The  presumption
13    may be rebutted by clear and convincing evidence. All fishing
14    tackle, apparatus, and vehicles used in the violation of this
15    subsection (b) shall be confiscated by the arresting officer.
16    Except  as otherwise provided in this subsection, the seizure
17    and confiscation procedures set forth  in  Section  1-215  of
18    this  Code  shall  apply.  If  the  confiscated  property  is
19    determined  by  the  circuit  court  to have been used in the
20    violation of this subsection (b),  the  confiscated  property
21    shall  be sold at public auction by the county sheriff of the
22    county where the violation occurred.   The  proceeds  of  the
23    sale  shall be deposited in the county general fund; provided
24    that the auction may be stayed by an appropriate court order.
25        (2)  A violation of paragraph (1) of this subsection  (b)
26    is  a  Class  A misdemeanor for a first offense and a Class 4
27    felony for a second or subsequent offense.
28        (c)(1)  It is unlawful for any person to trespass or fish
29    on an aquatic life farm located on a strip mine lake or other
30    body of water used for aquatic life  farming  operations,  or
31    within  a  200  foot buffer zone surrounding cages or netpens
32    that are clearly delineated by buoys of a posted aquatic life
33    farm, by swimming, scuba diving, or snorkeling in, around, or
34    under the aquatic life farm  or  by  operating  a  watercraft
 
HB2528 Re-Enrolled            -3-              LRB9206863TAtm
 1    over, around, or in the aquatic life farm without the consent
 2    of the owner of the aquatic life farm.
 3        (2)  A  violation of paragraph (1) of this subsection (c)
 4    is a Class B misdemeanor for a first offense and  a  Class  A
 5    misdemeanor  for a second or subsequent offense.  All fishing
 6    tackle,  apparatus,  and  watercraft  used  in  a  second  or
 7    subsequent  violation  of  this  subsection  (c)   shall   be
 8    confiscated  by  the  arresting  officer. Except as otherwise
 9    provided in this subsection,  the  seizure  and  confiscation
10    procedures  set  forth  in  Section  1-215 of this Code shall
11    apply.  If the confiscated  property  is  determined  by  the
12    circuit  court  to  have  been  used  in  a violation of this
13    subsection (c), the confiscated property  shall  be  sold  at
14    public  auction by the county sheriff of the county where the
15    violation occurred.   The  proceeds  of  the  sale  shall  be
16    deposited  in  the  county  general  fund;  provided that the
17    auction may be stayed by an appropriate court order.
18        (d)  Offenses  committed  by  minors  under  the   direct
19    control  or  with  the  consent  of  a parent or guardian may
20    subject the parent or guardian to the penalties prescribed in
21    this Section or as otherwise provided in this Code.
22        (e)  In addition to any fines imposed under this Section,
23    or as otherwise provided  in  this  Code,  any  person  found
24    guilty  of  unlawfully  taking or possessing any aquatic life
25    protected by this Code shall be assessed a civil penalty  for
26    that aquatic life in accordance with the values prescribed in
27    Section  5-25  of  this  Code.  This  civil  penalty shall be
28    imposed at the time of the conviction by  the  Circuit  Court
29    for  the  county where the offense was committed.   Except as
30    otherwise provided for in subsections (b)  and  (c)  of  this
31    Section,  all penalties provided for in this Section shall be
32    remitted to the Department in accordance with the  provisions
33    of Section 1-180 of this Code.
34    (Source: P.A. 87-798; 87-833; 87-895.)

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