Public Act 094-0222
 
HB3785 Enrolled LRB094 08505 RCE 42536 b

    AN ACT concerning animals.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Fish and Aquatic Life Code is amended by
changing Section 20-35 as follows:
 
    (515 ILCS 5/20-35)  (from Ch. 56, par. 20-35)
    Sec. 20-35. Offenses.
    (a) Except as prescribed in Section 5-25 and unless
otherwise provided in this Code, any person who is found guilty
of violating any of the provisions of this Code, including
administrative rules, is guilty of a petty offense.
    Any person who violates any of the provisions of Section
5-20, 10-5, 10-10, 10-15, 10-20, 10-25, 10-30, 10-35, 10-50,
10-60, 10-70, 10-75, 10-95, 10-115, 10-135, 15-5, 15-10, 15-15,
15-20, 15-30, 15-32, 15-40, 15-45, 15-55, 15-60, 15-65, 15-75,
15-80, 15-85, 15-90, 15-95, 15-100, 15-105, 15-110, 15-115,
15-120, 15-130, 15-140, 20-70, 20-75, 20-80, 20-85 (except
subsections (b), (c), (d), (e), (f), and (g)), 25-10, 25-15, or
25-20 of this Code, including administrative rules relating to
those Sections, is guilty of a Class B misdemeanor.
    Any person who violates any of the provisions of Section
1-200, 1-205, 10-55, 10-80, 15-35, or 20-120 of this Code,
including administrative rules relating to those Sections, is
guilty of a Class A misdemeanor.
    Any person who violates any of the provisions of this Code,
including administrative rules, during the 5 years following
the revocation of his or her license, permit, or privileges
under Section 20-105 is guilty of a Class A misdemeanor.
    Any person who violates Section 5-25 of this Code,
including administrative rules, is guilty of a Class 3 felony.
    (b)(1) It is unlawful for any person to take or attempt to
take aquatic life from any aquatic life farm except with the
consent of the owner of the aquatic life farm. Any person
possessing fishing tackle on the premises of an aquatic life
farm is presumed to be fishing. The presumption may be rebutted
by clear and convincing evidence. All fishing tackle,
apparatus, and vehicles used in the violation of this
subsection (b) shall be confiscated by the arresting officer.
Except as otherwise provided in this subsection, the seizure
and confiscation procedures set forth in Section 1-215 of this
Code shall apply. If the confiscated property is determined by
the circuit court to have been used in the violation of this
subsection (b), the confiscated property shall be sold at
public auction by the county sheriff of the county where the
violation occurred. The proceeds of the sale shall be deposited
in the county general fund; provided that the auction may be
stayed by an appropriate court order.
    (2) A violation of paragraph (1) of this subsection (b) is
a Class A misdemeanor for a first offense and a Class 4 felony
for a second or subsequent offense.
    (c)(1) It is unlawful for any person to trespass or fish on
an aquatic life farm located on a strip mine lake or other body
of water used for aquatic life farming operations, or within a
200 foot buffer zone surrounding cages or netpens that are
clearly delineated by buoys of a posted aquatic life farm, by
swimming, scuba diving, or snorkeling in, around, or under the
aquatic life farm or by operating a watercraft over, around, or
in the aquatic life farm without the consent of the owner of
the aquatic life farm.
    (2) A violation of paragraph (1) of this subsection (c) is
a Class B misdemeanor for a first offense and a Class A
misdemeanor for a second or subsequent offense. All fishing
tackle, apparatus, and watercraft used in a second or
subsequent violation of this subsection (c) shall be
confiscated by the arresting officer. Except as otherwise
provided in this subsection, the seizure and confiscation
procedures set forth in Section 1-215 of this Code shall apply.
If the confiscated property is determined by the circuit court
to have been used in a violation of this subsection (c), the
confiscated property shall be sold at public auction by the
county sheriff of the county where the violation occurred. The
proceeds of the sale shall be deposited in the county general
fund; provided that the auction may be stayed by an appropriate
court order.
    (d) Offenses committed by minors under the direct control
or with the consent of a parent or guardian may subject the
parent or guardian to the penalties prescribed in this Section
or as otherwise provided in this Code.
    (e) In addition to any fines imposed under this Section, or
as otherwise provided in this Code, any person found guilty of
unlawfully taking or possessing any aquatic life protected by
this Code shall be assessed a civil penalty for that aquatic
life in accordance with the values prescribed in Section 5-25
of this Code. This civil penalty shall be imposed at the time
of the conviction by the Circuit Court for the county where the
offense was committed. Except as otherwise provided for in
subsections (b) and (c) of this Section, all penalties provided
for in this Section shall be remitted to the Department in
accordance with the provisions of Section 1-180 of this Code.
(Source: P.A. 92-385, eff. 8-16-01; 92-513, eff. 6-1-02;
92-651, eff. 7-11-02.)
 
    Section 10. The Wildlife Code is amended by changing
Section 3.5 as follows:
 
    (520 ILCS 5/3.5)  (from Ch. 61, par. 3.5)
    Sec. 3.5. Penalties; probation.
    (a) Any person who violates any of the provisions of
Section 2.36a, including administrative rules, shall be guilty
of a Class 3 felony, except as otherwise provided in subsection
(b) of this Section and subsection (a) of Section 2.36a.
    (b) Whenever any person who has not previously been
convicted of, or placed on probation or court supervision for,
any offense under Section 1.22, 2.36, or 2.36a or subsection
(i) or (cc) of Section 2.33, the court may, without entering a
judgment and with the person's consent, sentence the person to
probation for a violation of Section 2.36a.
        (1) When a person is placed on probation, the court
    shall enter an order specifying a period of probation of 24
    months and shall defer further proceedings in the case
    until the conclusion of the period or until the filing of a
    petition alleging violation of a term or condition of
    probation.
        (2) The conditions of probation shall be that the
    person:
            (A) Not violate any criminal statute of any
        jurisdiction.
            (B) Perform no less than 30 hours of community
        service, provided community service is available in
        the jurisdiction and is funded and approved by the
        county board.
        (3) The court may, in addition to other conditions:
            (A) Require that the person make a report to and
        appear in person before or participate with the court
        or courts, person, or social service agency as directed
        by the court in the order of probation.
            (B) Require that the person pay a fine and costs.
            (C) Require that the person refrain from
        possessing a firearm or other dangerous weapon.
            (D) Prohibit the person from associating with any
        person who is actively engaged in any of the activities
        regulated by the permits issued or privileges granted
        by the Department of Natural Resources.
        (4) Upon violation of a term or condition of probation,
    the court may enter a judgment on its original finding of
    guilt and proceed as otherwise provided.
        (5) Upon fulfillment of the terms and conditions of
    probation, the court shall discharge the person and dismiss
    the proceedings against the person.
        (6) A disposition of probation is considered to be a
    conviction for the purposes of imposing the conditions of
    probation, for appeal, and for administrative revocation
    and suspension of licenses and privileges; however,
    discharge and dismissal under this Section is not a
    conviction for purposes of disqualification or
    disabilities imposed by law upon conviction of a crime.
        (7) Discharge and dismissal under this Section may
    occur only once with respect to any person.
        (8) If a person is convicted of an offense under this
    Act within 5 years subsequent to a discharge and dismissal
    under this Section, the discharge and dismissal under this
    Section shall be admissible in the sentencing proceeding
    for that conviction as a factor in aggravation.
        (9) The Circuit Clerk shall notify the Department of
    State Police of all persons convicted of or placed under
    probation for violations of Section 2.36a.
    (c) Any person who violates any of the provisions of
Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,
2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),
and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 - 3.16, 3.19 - 3.21
(except subsections (b), (c), (d), (e), (f), (f.5), (g), (h),
and (i)), and 3.24 - 3.26, including administrative rules,
shall be guilty of a Class B misdemeanor.
    Any person who violates any of the provisions of Sections
1.22, 2.4, 2.36 and 2.38, including administrative rules, shall
be guilty of a Class A misdemeanor. Any second or subsequent
violations of Sections 2.4 and 2.36 shall be a Class 4 felony.
    Any person who violates any of the provisions of this Act,
including administrative rules, during such period when his
license, privileges, or permit is revoked or denied by virtue
of Section 3.36, shall be guilty of a Class A misdemeanor.
    Any person who violates subsection (g), (i), (o), (p), (y),
or (cc) of Section 2.33 shall be guilty of a Class A
misdemeanor and subject to a fine of no less than $500 and no
more than $5,000 in addition to other statutory penalties.
    Any person who violates any other of the provisions of this
Act including administrative rules, unless otherwise stated,
shall be guilty of a petty offense. Offenses committed by
minors under the direct control or with the consent of a parent
or guardian may subject the parent or guardian to the penalties
prescribed in this Section.
    In addition to any fines imposed pursuant to the provisions
of this Section or as otherwise provided in this Act, any
person found guilty of unlawfully taking or possessing any
species protected by this Act, shall be assessed a civil
penalty for such species in accordance with the values
prescribed in Section 2.36a of this Act. This civil penalty
shall be imposed by the Circuit Court for the county within
which the offense was committed at the time of the conviction.
All penalties provided for in this Section shall be remitted to
the Department in accordance with the same provisions provided
for in Section 1.18 of this Act.
(Source: P.A. 90-743, eff. 1-1-99.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.