Illinois General Assembly - Full Text of Public Act 095-0013
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Public Act 095-0013


 

Public Act 0013 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0013
 
SB0201 Enrolled LRB095 06232 CMK 26326 b

    AN ACT concerning wildlife.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Wildlife Code is amended by changing
Sections 2.25, 2.38, and 3.5 as follows:
 
    (520 ILCS 5/2.25)  (from Ch. 61, par. 2.25)
    Sec. 2.25. It shall be unlawful for any person to take deer
except (i) with a shotgun, handgun, or muzzleloading rifle or
(ii) as provided by administrative rule, with a bow and arrow,
or crossbow device for handicapped persons as defined in
Section 2.33, during the open season of not more than 14 days
which will be set annually by the Director between the dates of
November 1st and December 31st, both inclusive, or a special
2-day, youth-only season between the dates of September 1 and
October 31. For the purposes of this Section, legal handguns
include any centerfire handguns of .30 caliber or larger with a
minimum barrel length of 4 inches. The only legal ammunition
for a centerfire handgun is a cartridge of .30 caliber or
larger with a capability of at least 500 foot pounds of energy
at the muzzle. Full metal jacket bullets may not be used to
harvest deer.
    The Department shall make administrative rules concerning
management restrictions applicable to the firearm and bow and
arrow season.
    It shall be unlawful for any person to take deer except
with a bow and arrow, or crossbow device for handicapped
persons (as defined in Section 2.33), during the open season
for bow and arrow set annually by the Director between the
dates of September 1st and January 31st, both inclusive.
    It shall be unlawful for any person to take deer except
with (i) a muzzleloading rifle, or (ii) bow and arrow, or
crossbow device for handicapped persons as defined in Section
2.33, during the open season for muzzleloading rifles set
annually by the Director.
    The Director shall cause an administrative rule setting
forth the prescribed rules and regulations, including bag and
possession limits and those counties of the State where open
seasons are established, to be published in accordance with
Sections 1.3 and 1.13 of this Act.
    The Department may establish separate harvest periods for
the purpose of managing or eradicating disease that has been
found in the deer herd. This season shall be restricted to gun
or bow and arrow hunting only. The Department shall publicly
announce, via statewide news release, the season dates and
shooting hours, the counties and sites open to hunting, permit
requirements, application dates, hunting rules, legal weapons,
and reporting requirements.
    The Department is authorized to establish a separate
harvest period at specific sites within the State for the
purpose of harvesting surplus deer that cannot be taken during
the regular season provided for the taking of deer. This season
shall be restricted to gun or bow and arrow hunting only and
shall be established during the period of September 1st to
February 15th, both inclusive. The Department shall publish
suitable prescribed rules and regulations established by
administrative rule pertaining to management restrictions
applicable to this special harvest program. The Department
shall allow unused gun deer permits that are left over from a
regular season for the taking of deer to be rolled over and
used during any separate harvest period held within 6 months of
the season for which those tags were issued at no additional
cost to the permit holder subject to the management
restrictions applicable to the special harvest program.
(Source: P.A. 93-37, eff. 6-25-03; 93-554, eff. 8-20-03;
94-919, eff. 6-26-06.)
 
    (520 ILCS 5/2.38)  (from Ch. 61, par. 2.38)
    Sec. 2.38. No person shall at any time:
    (1) falsify, alter or change in any manner, or loan or
transfer to another, or provide deceptive or false information
required for, any license, permit or tag issued under the
provisions hereof; or
    (2) falsify any record required by this Act; or
    (3) counterfeit any form of license, permit or tag provided
for by this Act;
    (4) loan or transfer to another person any license, permit,
or tag issued under this Act; or
    (5) use in the field any license, permit, or tag issued to
another person.
    It is unlawful to possess any license, permit or tag issued
under the provisions of this Act which was fraudulently
obtained, or which the possessor knew, or should have known,
was falsified, altered, changed in any manner or fraudulently
obtained.
    The Department shall suspend the privileges, under this
Act, of any person found guilty of violating this Section for a
period of not less than one year.
(Source: P.A. 85-152.)
 
    (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. In
addition, the Department shall suspend the privileges, under
this Act, of any person found guilty of violating Section
2.33(cc) for a period of not less than one year.
    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. 94-222, eff. 7-14-05.)

Effective Date: 1/1/2008