Illinois 2023-2024 Regular Session

Illinois House Bill HB1517 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1517 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: 520 ILCS 5/2.33 Amends the Wildlife Code. In provisions concerning prohibitions, provides that it is unlawful to discharge a firearm for hunting, hunt with a gun or dog, or allow a dog to hunt within 500 yards of an inhabited dwelling if the inhabited dwelling is in a residential area with 25 or more homes within a one-half square mile. LRB103 24890 RJT 51223 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1517 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED: 520 ILCS 5/2.33 520 ILCS 5/2.33 Amends the Wildlife Code. In provisions concerning prohibitions, provides that it is unlawful to discharge a firearm for hunting, hunt with a gun or dog, or allow a dog to hunt within 500 yards of an inhabited dwelling if the inhabited dwelling is in a residential area with 25 or more homes within a one-half square mile. LRB103 24890 RJT 51223 b LRB103 24890 RJT 51223 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1517 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
3	3	520 ILCS 5/2.33 520 ILCS 5/2.33
4	4	520 ILCS 5/2.33
5	5	Amends the Wildlife Code. In provisions concerning prohibitions, provides that it is unlawful to discharge a firearm for hunting, hunt with a gun or dog, or allow a dog to hunt within 500 yards of an inhabited dwelling if the inhabited dwelling is in a residential area with 25 or more homes within a one-half square mile.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning wildlife.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Wildlife Code is amended by changing
15	15	5 Section 2.33 as follows:
16	16	6 (520 ILCS 5/2.33)
17	17	7 Sec. 2.33. Prohibitions.
18	18	8 (a) It is unlawful to carry or possess any gun in any State
19	19	9 refuge unless otherwise permitted by administrative rule.
20	20	10 (b) It is unlawful to use or possess any snare or
21	21	11 snare-like device, deadfall, net, or pit trap to take any
22	22	12 species, except that snares not powered by springs or other
23	23	13 mechanical devices may be used to trap fur-bearing mammals, in
24	24	14 water sets only, if at least one-half of the snare noose is
25	25	15 located underwater at all times.
26	26	16 (c) It is unlawful for any person at any time to take a
27	27	17 wild mammal protected by this Act from its den by means of any
28	28	18 mechanical device, spade, or digging device or to use smoke or
29	29	19 other gases to dislodge or remove such mammal except as
30	30	20 provided in Section 2.37.
31	31	21 (d) It is unlawful to use a ferret or any other small
32	32	22 mammal which is used in the same or similar manner for which
33	33	23 ferrets are used for the purpose of frightening or driving any
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1517 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
38	38	520 ILCS 5/2.33 520 ILCS 5/2.33
39	39	520 ILCS 5/2.33
40	40	Amends the Wildlife Code. In provisions concerning prohibitions, provides that it is unlawful to discharge a firearm for hunting, hunt with a gun or dog, or allow a dog to hunt within 500 yards of an inhabited dwelling if the inhabited dwelling is in a residential area with 25 or more homes within a one-half square mile.
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43	43	A BILL FOR
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68	68	1 mammals from their dens or hiding places.
69	69	2 (e) (Blank).
70	70	3 (f) It is unlawful to use spears, gigs, hooks, or any like
71	71	4 device to take any species protected by this Act.
72	72	5 (g) It is unlawful to use poisons, chemicals, or
73	73	6 explosives for the purpose of taking any species protected by
74	74	7 this Act.
75	75	8 (h) It is unlawful to hunt adjacent to or near any peat,
76	76	9 grass, brush, or other inflammable substance when it is
77	77	10 burning.
78	78	11 (i) It is unlawful to take, pursue or intentionally harass
79	79	12 or disturb in any manner any wild birds or mammals by use or
80	80	13 aid of any vehicle, conveyance, or unmanned aircraft as
81	81	14 defined by the Illinois Aeronautics Act, except as permitted
82	82	15 by the Code of Federal Regulations for the taking of
83	83	16 waterfowl; except that nothing in this subsection shall
84	84	17 prohibit the use of unmanned aircraft in the inspection of a
85	85	18 public utility facility, tower, or structure or a mobile
86	86	19 service facility, tower, or structure by a public utility, as
87	87	20 defined in Section 3-105 of the Public Utilities Act, or a
88	88	21 provider of mobile services as defined in Section 153 of Title
89	89	22 47 of the United States Code. It is also unlawful to use the
90	90	23 lights of any vehicle or conveyance, any light connected to
91	91	24 any vehicle or conveyance, or any other lighting device or
92	92	25 mechanism from inside or on a vehicle or conveyance in any area
93	93	26 where wildlife may be found except in accordance with Section
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104	104	1 2.37 of this Act; however, nothing in this Section shall
105	105	2 prohibit the normal use of headlamps for the purpose of
106	106	3 driving upon a roadway. For purposes of this Section, any
107	107	4 other lighting device or mechanism shall include, but not be
108	108	5 limited to, any device that uses infrared or other light not
109	109	6 visible to the naked eye, electronic image intensification,
110	110	7 active illumination, thermal imaging, or night vision. Striped
111	111	8 skunk, opossum, red fox, gray fox, raccoon, bobcat, and coyote
112	112	9 may be taken during the open season by use of a small light
113	113	10 which is worn on the body or hand-held by a person on foot and
114	114	11 not in any vehicle.
115	115	12 (j) It is unlawful to use any shotgun larger than 10 gauge
116	116	13 while taking or attempting to take any of the species
117	117	14 protected by this Act.
118	118	15 (k) It is unlawful to use or possess in the field any
119	119	16 shotgun shell loaded with a shot size larger than lead BB or
120	120	17 steel T (.20 diameter) when taking or attempting to take any
121	121	18 species of wild game mammals (excluding white-tailed deer),
122	122	19 wild game birds, migratory waterfowl or migratory game birds
123	123	20 protected by this Act, except white-tailed deer as provided
124	124	21 for in Section 2.26 and other species as provided for by
125	125	22 subsection (l) or administrative rule.
126	126	23 (l) It is unlawful to take any species of wild game, except
127	127	24 white-tailed deer and fur-bearing mammals, with a shotgun
128	128	25 loaded with slugs unless otherwise provided for by
129	129	26 administrative rule.
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140	140	1 (m) It is unlawful to use any shotgun capable of holding
141	141	2 more than 3 shells in the magazine or chamber combined, except
142	142	3 on game breeding and hunting preserve areas licensed under
143	143	4 Section 3.27 and except as permitted by the Code of Federal
144	144	5 Regulations for the taking of waterfowl. If the shotgun is
145	145	6 capable of holding more than 3 shells, it shall, while being
146	146	7 used on an area other than a game breeding and shooting
147	147	8 preserve area licensed pursuant to Section 3.27, be fitted
148	148	9 with a one-piece one piece plug that is irremovable without
149	149	10 dismantling the shotgun or otherwise altered to render it
150	150	11 incapable of holding more than 3 shells in the magazine and
151	151	12 chamber, combined.
152	152	13 (n) It is unlawful for any person, except persons who
153	153	14 possess a permit to hunt from a vehicle as provided in this
154	154	15 Section and persons otherwise permitted by law, to have or
155	155	16 carry any gun in or on any vehicle, conveyance, or aircraft,
156	156	17 unless such gun is unloaded and enclosed in a case, except that
157	157	18 at field trials authorized by Section 2.34 of this Act,
158	158	19 unloaded guns or guns loaded with blank cartridges only, may
159	159	20 be carried on horseback while not contained in a case, or to
160	160	21 have or carry any bow or arrow device in or on any vehicle
161	161	22 unless such bow or arrow device is unstrung or enclosed in a
162	162	23 case, or otherwise made inoperable unless in accordance with
163	163	24 the Firearm Concealed Carry Act.
164	164	25 (o) (Blank).
165	165	26 (p) It is unlawful to take game birds, migratory game
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176	176	1 birds or migratory waterfowl with a rifle, pistol, revolver,
177	177	2 or air rifle.
178	178	3 (q) It is unlawful to fire a rifle, pistol, revolver, or
179	179	4 air rifle on, over, or into any waters of this State, including
180	180	5 frozen waters.
181	181	6 (r) It is unlawful to discharge any gun or bow and arrow
182	182	7 device along, upon, across, or from any public right-of-way or
183	183	8 highway in this State.
184	184	9 (s) It is unlawful to use a silencer or other device to
185	185	10 muffle or mute the sound of the explosion or report resulting
186	186	11 from the firing of any gun.
187	187	12 (t) It is unlawful for any person to take or attempt to
188	188	13 take any species of wildlife or parts thereof, or allow a dog
189	189	14 to hunt, within or upon the land of another, or upon waters
190	190	15 flowing over or standing on the land of another, or to
191	191	16 knowingly shoot a gun or bow and arrow device at any wildlife
192	192	17 physically on or flying over the property of another without
193	193	18 first obtaining permission from the owner or the owner's
194	194	19 designee. For the purposes of this Section, the owner's
195	195	20 designee means anyone who the owner designates in a written
196	196	21 authorization and the authorization must contain (i) the legal
197	197	22 or common description of property for which such authority is
198	198	23 given, (ii) the extent that the owner's designee is authorized
199	199	24 to make decisions regarding who is allowed to take or attempt
200	200	25 to take any species of wildlife or parts thereof, and (iii) the
201	201	26 owner's notarized signature. Before enforcing this Section,
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212	212	1 the law enforcement officer must have received notice from the
213	213	2 owner or the owner's designee of a violation of this Section.
214	214	3 Statements made to the law enforcement officer regarding this
215	215	4 notice shall not be rendered inadmissible by the hearsay rule
216	216	5 when offered for the purpose of showing the required notice.
217	217	6 (u) It is unlawful for any person to discharge any firearm
218	218	7 for the purpose of taking any of the species protected by this
219	219	8 Act, or hunt with gun or dog, or allow a dog to hunt, within
220	220	9 300 yards of an inhabited dwelling without first obtaining
221	221	10 permission from the owner or tenant or 500 yards of an
222	222	11 inhabited dwelling if the inhabited dwelling is in a
223	223	12 residential area with 25 or more homes within a one-half
224	224	13 square mile, except that while trapping, hunting with bow and
225	225	14 arrow, hunting with dog and shotgun using shot shells only, or
226	226	15 hunting with shotgun using shot shells only, or providing
227	227	16 outfitting services under a waterfowl outfitter permit, or on
228	228	17 licensed game breeding and hunting preserve areas, as defined
229	229	18 in Section 3.27, on federally owned and managed lands and on
230	230	19 Department owned, managed, leased, or controlled lands, a 100
231	231	20 yard restriction shall apply.
232	232	21 (v) It is unlawful for any person to remove fur-bearing
233	233	22 mammals from, or to move or disturb in any manner, the traps
234	234	23 owned by another person without written authorization of the
235	235	24 owner to do so.
236	236	25 (w) It is unlawful for any owner of a dog to allow his or
237	237	26 her dog to pursue, harass, or kill deer, except that nothing in
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248	248	1 this Section shall prohibit the tracking of wounded deer with
249	249	2 a dog in accordance with the provisions of Section 2.26 of this
250	250	3 Code.
251	251	4 (x) It is unlawful for any person to wantonly or
252	252	5 carelessly injure or destroy, in any manner whatsoever, any
253	253	6 real or personal property on the land of another while engaged
254	254	7 in hunting or trapping thereon.
255	255	8 (y) It is unlawful to hunt wild game protected by this Act
256	256	9 between one-half one half hour after sunset and one-half one
257	257	10 half hour before sunrise, except that hunting hours between
258	258	11 one-half one half hour after sunset and one-half one half hour
259	259	12 before sunrise may be established by administrative rule for
260	260	13 fur-bearing mammals.
261	261	14 (z) It is unlawful to take any game bird (excluding wild
262	262	15 turkeys and crippled pheasants not capable of normal flight
263	263	16 and otherwise irretrievable) protected by this Act when not
264	264	17 flying. Nothing in this Section shall prohibit a person from
265	265	18 carrying an uncased, unloaded shotgun in a boat, while in
266	266	19 pursuit of a crippled migratory waterfowl that is incapable of
267	267	20 normal flight, for the purpose of attempting to reduce the
268	268	21 migratory waterfowl to possession, provided that the attempt
269	269	22 is made immediately upon downing the migratory waterfowl and
270	270	23 is done within 400 yards of the blind from which the migratory
271	271	24 waterfowl was downed. This exception shall apply only to
272	272	25 migratory game birds that are not capable of normal flight.
273	273	26 Migratory waterfowl that are crippled may be taken only with a
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284	284	1 shotgun as regulated by subsection (j) of this Section using
285	285	2 shotgun shells as regulated in subsection (k) of this Section.
286	286	3 (aa) It is unlawful to use or possess any device that may
287	287	4 be used for tree climbing or cutting, while hunting
288	288	5 fur-bearing mammals, excluding coyotes. However, coyotes may
289	289	6 not be hunted utilizing these devices during open season for
290	290	7 deer except by properly licensed deer hunters.
291	291	8 (bb) It is unlawful for any person, except licensed game
292	292	9 breeders, pursuant to Section 2.29 to import, carry into, or
293	293	10 possess alive in this State any species of wildlife taken
294	294	11 outside of this State, without obtaining permission to do so
295	295	12 from the Director.
296	296	13 (cc) It is unlawful for any person to have in his or her
297	297	14 possession any freshly killed species protected by this Act
298	298	15 during the season closed for taking.
299	299	16 (dd) It is unlawful to take any species protected by this
300	300	17 Act and retain it alive except as provided by administrative
301	301	18 rule.
302	302	19 (ee) It is unlawful to possess any rifle while in the field
303	303	20 during gun deer season except as provided in Sections 2.25 and
304	304	21 2.26 and administrative rules.
305	305	22 (ff) It is unlawful for any person to take any species
306	306	23 protected by this Act, except migratory waterfowl, during the
307	307	24 gun deer hunting season in those counties open to gun deer
308	308	25 hunting, unless he or she wears, when in the field, a cap and
309	309	26 upper outer garment of a solid blaze orange color or solid
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320	320	1 blaze pink color, with such articles of clothing displaying a
321	321	2 minimum of 400 square inches of blaze orange or solid blaze
322	322	3 pink color material.
323	323	4 (gg) It is unlawful during the upland game season for any
324	324	5 person to take upland game with a firearm unless he or she
325	325	6 wears, while in the field, a cap of solid blaze orange color or
326	326	7 solid blaze pink color. For purposes of this Act, upland game
327	327	8 is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
328	328	9 Pheasant, Eastern Cottontail, and Swamp Rabbit.
329	329	10 (hh) It shall be unlawful to kill or cripple any species
330	330	11 protected by this Act for which there is a bag limit without
331	331	12 making a reasonable effort to retrieve such species and
332	332	13 include such in the bag limit. It shall be unlawful for any
333	333	14 person having control over harvested game mammals, game birds,
334	334	15 or migratory game birds for which there is a bag limit to
335	335	16 wantonly waste or destroy the usable meat of the game, except
336	336	17 this shall not apply to wildlife taken under Sections 2.37 or
337	337	18 3.22 of this Code. For purposes of this subsection, "usable
338	338	19 meat" means the breast meat of a game bird or migratory game
339	339	20 bird and the hind ham and front shoulders of a game mammal. It
340	340	21 shall be unlawful for any person to place, leave, dump, or
341	341	22 abandon a wildlife carcass or parts of it along or upon a
342	342	23 public right-of-way or highway or on public or private
343	343	24 property, including a waterway or stream, without the
344	344	25 permission of the owner or tenant. It shall not be unlawful to
345	345	26 discard game meat that is determined to be unfit for human
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356	356	1 consumption.
357	357	2 (ii) This Section shall apply only to those species
358	358	3 protected by this Act taken within the State. Any species or
359	359	4 any parts thereof, legally taken in and transported from other
360	360	5 states or countries, may be possessed within the State, except
361	361	6 as provided in this Section and Sections 2.35, 2.36, and 3.21.
362	362	7 (jj) (Blank).
363	363	8 (kk) Nothing contained in this Section shall prohibit the
364	364	9 Director from issuing permits to paraplegics or to other
365	365	10 persons with disabilities who meet the requirements set forth
366	366	11 in administrative rule to shoot or hunt from a vehicle as
367	367	12 provided by that rule, provided that such is otherwise in
368	368	13 accord with this Act.
369	369	14 (ll) Nothing contained in this Act shall prohibit the
370	370	15 taking of aquatic life protected by the Fish and Aquatic Life
371	371	16 Code or birds and mammals protected by this Act, except deer
372	372	17 and fur-bearing mammals, from a boat not camouflaged or
373	373	18 disguised to alter its identity or to further provide a place
374	374	19 of concealment and not propelled by sail or mechanical power.
375	375	20 However, only shotguns not larger than 10 gauge nor smaller
376	376	21 than .410 bore loaded with not more than 3 shells of a shot
377	377	22 size no larger than lead BB or steel T (.20 diameter) may be
378	378	23 used to take species protected by this Act.
379	379	24 (mm) Nothing contained in this Act shall prohibit the use
380	380	25 of a shotgun, not larger than 10 gauge nor smaller than a 20
381	381	26 gauge, with a rifled barrel.
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392	392	1 (nn) It shall be unlawful to possess any species of
393	393	2 wildlife or wildlife parts taken unlawfully in Illinois, any
394	394	3 other state, or any other country, whether or not the wildlife
395	395	4 or wildlife parts are is indigenous to Illinois. For the
396	396	5 purposes of this subsection, the statute of limitations for
397	397	6 unlawful possession of wildlife or wildlife parts shall not
398	398	7 cease until 2 years after the possession has permanently
399	399	8 ended.
400	400	9 (oo) It is unlawful while deer hunting:
401	401	10 (1) to possess or be in close proximity to a rifle that
402	402	11 is not centerfire; or
403	403	12 (2) to be in possession of or in close proximity to a
404	404	13 magazine that is capable of making a rifle not a single
405	405	14 shot.
406	406	15 (Source: P.A. 102-237, eff. 1-1-22; 102-837, eff. 5-13-22;
407	407	16 102-932, eff. 1-1-23; revised 12-14-22.)
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