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| Public Act 098-0402 | ||||
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AN ACT concerning wildlife.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 2. The Fish and Aquatic Life Code is amended by | ||||
changing Section 20-105 as follows:
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(515 ILCS 5/20-105) (from Ch. 56, par. 20-105)
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Sec. 20-105. Revocation and suspension; refusal to issue.
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(a) Whenever a license or permit is issued to any person | ||||
under this Code
and its holder is found guilty of any | ||||
misrepresentation in obtaining the
license or permit or of a | ||||
violation of Section 48-3 of the Criminal Code of 2012 or a | ||||
violation of any of the provisions of this Code,
including | ||||
administrative rules, the license or permit may be revoked by | ||||
the
Department and the Department may refuse to issue any | ||||
permit or license to
that person and may suspend the person | ||||
from engaging in the activity
requiring the permit or license | ||||
for a period of time not to exceed 5 years
following the | ||||
revocation. Department revocation procedure shall be
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established by administrative rule.
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(b) Whenever any person who has not been issued a license | ||||
or a permit
under the provisions of this Code is found guilty | ||||
of a violation of Section 48-3 of the Criminal Code of 2012 or | ||||
a violation of the
provisions of this Code, including | ||||
administrative rules, the Department may
refuse to issue any | ||
permit or license to that person, and suspend that
person from | ||
engaging in the activity requiring the permit or license for a
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period of time not to exceed 5 years.
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(c) Any person who knowingly or intentionally violates any
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of the provisions of this Code, including administrative rules, | ||
during the
5 years following the revocation of his or her | ||
license or permit under
subsection (a) or during the time he is | ||
suspended under subsection
(b), shall be guilty of a Class A | ||
misdemeanor as provided in Section 20-35. The penalties for a | ||
violation of Section 48-3 of the Criminal Code of 2012 shall be | ||
as provided in that Section.
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(d) A person whose license or permit to engage in any | ||
activity regulated
by this
Code has been suspended or revoked | ||
may not, during the period of the suspension
or
revocation or | ||
until obtaining such a license or permit, (i) be in the company
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of any person
engaging in the activity covered by the | ||
suspension or revocation or (ii) serve
as a guide,
outfitter, | ||
or facilitator for a person who is engaged or prepared to | ||
engage in
the activity
covered by the suspension or revocation.
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(e) No person may be issued or obtain a license or permit | ||
or engage in any
activity regulated by this Code during the | ||
time that the person's privilege to
engage in the
same or | ||
similar activities is suspended or revoked by another state, by | ||
a
federal agency,
or by a province of Canada.
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(Source: P.A. 91-545, eff. 8-14-99.)
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Section 3. The Wildlife Code is amended by changing Section | ||
3.36 as follows:
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(520 ILCS 5/3.36) (from Ch. 61, par. 3.36)
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Sec. 3.36. Revocation and suspension.
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(a) Whenever a license or permit is issued to any person
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under this Act, and the holder thereof is found guilty of any
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misrepresentation in obtaining such license or permit or of a | ||
violation of Section 48-3 of the Criminal Code of 2012 or a | ||
violation of
any of the provisions of this Act, including | ||
administrative rules, his
license or permit may be revoked by | ||
the Department, and the Department may
refuse to issue any | ||
permit or license to such person and may suspend the
person | ||
from engaging in the activity requiring the permit or license | ||
for a
period of time not to exceed 5 years following such | ||
revocation.
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Department revocation procedures shall be established by | ||
Administrative
rule.
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(b) Whenever any person who has not been issued a license | ||
or a permit
under the provisions of this Code is found guilty | ||
of a violation of Section 48-3 of the Criminal Code of 2012 or | ||
a violation of the
provisions of this Code, including | ||
administrative rules, the Department may
refuse to issue any | ||
permit or license to that person, and suspend that
person from | ||
engaging in the activity requiring the permit or license for a
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period of time not to exceed 5 years.
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(c) Any person who knowingly or intentionally violates any | ||
of the
provisions of this Act, including administrative rules, | ||
during such period
when his license or permit is revoked or | ||
denied by virtue of this Section
or during the time he is | ||
suspended under subsection (b), shall be guilty of
a Class A | ||
misdemeanor. The penalties for a violation of Section 48-3 of | ||
the Criminal Code of 2012 shall be as provided in that Section.
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(d) Licenses and permits authorized to be issued under the | ||
provisions of
this Act shall be prepared by the Department and | ||
be in such form as
prescribed by the Department. The | ||
information required on each license
shall be completed thereon | ||
by the issuing agent or his sub-agent at the
time of issuance | ||
and each license shall be signed by the licensee, or
initialed | ||
by the designated purchaser and then signed immediately upon | ||
receipt
by the licensee, and
countersigned by the issuing agent | ||
or his sub-agent at the time of
issuance. All such licenses | ||
shall be supplied by the Department, subject to
such rules and | ||
regulations as the Department may prescribe. Any license not
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properly prepared, obtained and signed as required by this Act | ||
shall be
void.
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(e) A person whose license or permit to engage in any | ||
activity regulated
by
this
Code has been suspended or revoked | ||
may not, during the period of the suspension
or
revocation or | ||
until obtaining such a license or permit, (i) be in the company
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of any person
engaging in the activity covered by the | ||
suspension or revocation or (ii) serve
as a guide,
outfitter, | ||
or facilitator for a person who is engaged or prepared to | ||
engage in
the activity
covered by the suspension or revocation.
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(f) No person may be issued or obtain a license or permit | ||
or engage in any
activity
regulated by this Code during the | ||
time that the person's privilege to engage in
the same
or | ||
similar activities is suspended or revoked by another state, by | ||
a federal
agency, or by a
province of Canada.
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(Source: P.A. 90-225, eff. 7-25-97; 91-545, eff. 8-14-99.)
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Section 5. The Criminal Code of 2012 is amended by changing | ||
Section 48-3 as follows: | ||
(720 ILCS 5/48-3) | ||
Sec. 48-3. Hunter or fisherman interference. | ||
(a) Definitions. As used in this Section: | ||
"Aquatic life" means all fish, reptiles, amphibians, | ||
crayfish, and mussels the taking of which is
authorized
by | ||
the Fish and Aquatic Life Code. | ||
"Interfere with" means to take any action that | ||
physically impedes, hinders,
or obstructs the lawful | ||
taking of wildlife or aquatic life. | ||
"Taking" means the capture or killing of wildlife or | ||
aquatic life and
includes
travel, camping, and other acts | ||
preparatory to taking which occur on lands
or waters upon | ||
which the affected person has the right or privilege to | ||
take
such wildlife or aquatic life. | ||
"Wildlife" means any wildlife the taking of which is
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authorized
by the Wildlife Code and includes those species | ||
that are lawfully
released by properly licensed permittees | ||
of the Department of Natural
Resources. | ||
(b) A person commits hunter or fisherman interference when | ||
he or she intentionally or knowingly: | ||
(1) obstructs or interferes with the lawful taking of
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wildlife or aquatic life by another person with the | ||
specific
intent to prevent that lawful taking; | ||
(2) drives or disturbs wildlife or aquatic life for the | ||
purpose of disrupting a lawful
taking of wildlife or | ||
aquatic life; | ||
(3) blocks, impedes, or physically harasses another | ||
person who is engaged
in the process of lawfully taking | ||
wildlife or aquatic life; | ||
(4) uses natural or artificial visual, aural, | ||
olfactory, gustatory, or
physical stimuli to affect | ||
wildlife or aquatic life behavior in order to hinder or | ||
prevent the
lawful taking of wildlife or aquatic life; | ||
(5) erects barriers with the intent to deny ingress or | ||
egress to or from
areas where the lawful taking of wildlife | ||
or aquatic life may occur; | ||
(6) intentionally interjects himself or herself into | ||
the line of fire or fishing lines of a
person lawfully | ||
taking wildlife or aquatic life; | ||
(7) affects the physical condition or placement of | ||
personal or public
property intended for use in the lawful | ||
taking of wildlife or aquatic life in order to
impair the | ||
usefulness of the property or prevent the use of the | ||
property; | ||
(8) enters or remains upon or over private lands | ||
without the permission of
the
owner or the owner's agent, | ||
with the intent to violate this subsection; or | ||
(9) fails to obey the order of a peace officer to | ||
desist from conduct
in violation of this subsection (b) if | ||
the officer observes the conduct,
or has reasonable grounds | ||
to believe that the person has engaged in the conduct that | ||
day or that the person plans or intends to engage in the | ||
conduct
that day on a specific premises; or . | ||
(10) uses a drone in a way that interferes with another | ||
person's lawful taking of
wildlife or aquatic life. For the | ||
purposes of this paragraph (10), "drone" means any aerial | ||
vehicle that does not carry a human operator. | ||
(c) Exemptions; defenses. | ||
(1) This Section does not apply to actions performed by | ||
authorized employees of
the Department of Natural | ||
Resources, duly accredited officers of the U.S. Fish
and | ||
Wildlife Service, sheriffs, deputy sheriffs, or other | ||
peace officers if the
actions are authorized by law and are | ||
necessary for the performance of their
official duties. | ||
(2) This Section does not apply to landowners, tenants, | ||
or lease holders
exercising their legal rights to the | ||
enjoyment of land, including, but not
limited to, farming | ||
and restricting trespass. | ||
(3) It is an affirmative defense to a prosecution for a | ||
violation of this
Section that the defendant's conduct is | ||
protected by his or her right to
freedom of speech under | ||
the constitution of this State or the United States. | ||
(4) Any interested parties may engage in protests or | ||
other free speech activities
adjacent to or on the | ||
perimeter of the location where the lawful taking of | ||
wildlife or aquatic life is taking place, provided that | ||
none of the provisions of this Section
are being violated. | ||
(d) Sentence. A first violation of paragraphs (1) through | ||
(8) of subsection (b) is a Class B misdemeanor. A second or | ||
subsequent violation of
paragraphs (1) through (8) of | ||
subsection (b) is a Class A misdemeanor for which imprisonment | ||
for not less than 7 days shall be imposed. A
person guilty of a | ||
second or subsequent violation of paragraphs (1) through (8) of | ||
subsection (b) is not
eligible for court
supervision. A | ||
violation of paragraph (9) or (10) of subsection (b) is a Class | ||
A misdemeanor. A court shall revoke, for a period of one year | ||
to 5 years, any Illinois
hunting, fishing, or trapping | ||
privilege, license or permit of any person
convicted of | ||
violating any provision of this Section. For
purposes of this | ||
subsection, a "second or subsequent violation" means a | ||
conviction
under paragraphs (1) through (8) of subsection (b) | ||
of this Section within 2 years of a prior violation arising | ||
from a separate set
of circumstances. | ||
(e) Injunctions; damages. | ||
(1) Any court may enjoin conduct which would be in | ||
violation
of paragraphs (1) through (8) or (10) of | ||
subsection (b) upon petition by a person affected or who | ||
reasonably
may be affected by the conduct, upon a showing | ||
that the conduct is threatened
or that it has occurred on a | ||
particular premises in the past and that it
is not | ||
unreasonable to expect that under similar circumstances it | ||
will be
repeated. | ||
(2) A court shall award all resulting costs and damages | ||
to any person
adversely affected by a violation of | ||
paragraphs (1) through (8) or (10) of subsection (b), which | ||
may include an award for
punitive damages. In addition to | ||
other items of special damage, the measure of
damages may | ||
include expenditures of the affected person for license and | ||
permit
fees, travel, guides, special equipment and | ||
supplies, to the extent that these
expenditures were | ||
rendered futile by prevention of the taking of wildlife or | ||
aquatic life.
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(Source: P.A. 97-1108, eff. 1-1-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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