Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB2273 Introduced / Bill

Filed 02/09/2023

                    103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2273 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED:  520 ILCS 5/1.2t-2 new 520 ILCS 5/2.25 from Ch. 61, par. 2.25 520 ILCS 5/2.33 520 ILCS 5/1.2bb rep.  Amends the Wildlife Code. Removes the definition for "single shot". Defines "wildlife rifle" to mean a rifle that can hold up to 3 rounds in the magazine and chamber combined. Replaces references to "single shot" rifles to "wildlife rifles".  LRB103 05161 RJT 50176 b   A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2273 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED:  520 ILCS 5/1.2t-2 new 520 ILCS 5/2.25 from Ch. 61, par. 2.25 520 ILCS 5/2.33 520 ILCS 5/1.2bb rep. 520 ILCS 5/1.2t-2 new  520 ILCS 5/2.25 from Ch. 61, par. 2.25 520 ILCS 5/2.33  520 ILCS 5/1.2bb rep.  Amends the Wildlife Code. Removes the definition for "single shot". Defines "wildlife rifle" to mean a rifle that can hold up to 3 rounds in the magazine and chamber combined. Replaces references to "single shot" rifles to "wildlife rifles".  LRB103 05161 RJT 50176 b     LRB103 05161 RJT 50176 b   A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2273 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED:
520 ILCS 5/1.2t-2 new 520 ILCS 5/2.25 from Ch. 61, par. 2.25 520 ILCS 5/2.33 520 ILCS 5/1.2bb rep. 520 ILCS 5/1.2t-2 new  520 ILCS 5/2.25 from Ch. 61, par. 2.25 520 ILCS 5/2.33  520 ILCS 5/1.2bb rep.
520 ILCS 5/1.2t-2 new
520 ILCS 5/2.25 from Ch. 61, par. 2.25
520 ILCS 5/2.33
520 ILCS 5/1.2bb rep.
Amends the Wildlife Code. Removes the definition for "single shot". Defines "wildlife rifle" to mean a rifle that can hold up to 3 rounds in the magazine and chamber combined. Replaces references to "single shot" rifles to "wildlife rifles".
LRB103 05161 RJT 50176 b     LRB103 05161 RJT 50176 b
    LRB103 05161 RJT 50176 b
A BILL FOR
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  HB2273  LRB103 05161 RJT 50176 b
1  AN ACT concerning wildlife.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Wildlife Code is amended by changing
5  Sections 1.2bb, 2.25, and 2.33 and by adding Section 1.2t-2 as
6  follows:
7  (520 ILCS 5/1.2t-2 new)
8  Sec. 1.2t-2. Wildlife rifle. "Wildlife rifle" means a
9  rifle that can hold up to 3 rounds in the magazine and chamber
10  combined.
11  (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
12  Sec. 2.25. It shall be unlawful for any person to take deer
13  except (i) with a shotgun, handgun, single shot centerfire
14  wildlife rifle, or muzzleloading rifle or (ii) as provided by
15  administrative rule, with a bow and arrow, during the open
16  season of not more than 14 days which will be set annually by
17  the Director between the dates of November 1st and December
18  31st, both inclusive, or a special 3-day, youth-only season
19  between the dates of September 1 and October 31. For the
20  purposes of this Section, legal handguns and rifles are
21  limited to centerfire handguns that are either a single shot
22  or revolver and centerfire wildlife rifles that are single

 

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2273 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED:
520 ILCS 5/1.2t-2 new 520 ILCS 5/2.25 from Ch. 61, par. 2.25 520 ILCS 5/2.33 520 ILCS 5/1.2bb rep. 520 ILCS 5/1.2t-2 new  520 ILCS 5/2.25 from Ch. 61, par. 2.25 520 ILCS 5/2.33  520 ILCS 5/1.2bb rep.
520 ILCS 5/1.2t-2 new
520 ILCS 5/2.25 from Ch. 61, par. 2.25
520 ILCS 5/2.33
520 ILCS 5/1.2bb rep.
Amends the Wildlife Code. Removes the definition for "single shot". Defines "wildlife rifle" to mean a rifle that can hold up to 3 rounds in the magazine and chamber combined. Replaces references to "single shot" rifles to "wildlife rifles".
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    LRB103 05161 RJT 50176 b
A BILL FOR

 

 

520 ILCS 5/1.2t-2 new
520 ILCS 5/2.25 from Ch. 61, par. 2.25
520 ILCS 5/2.33
520 ILCS 5/1.2bb rep.



    LRB103 05161 RJT 50176 b

 

 



 

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1  shot. The only legal ammunition for a centerfire handgun or
2  rifle is a bottleneck centerfire cartridge of .30 caliber or
3  larger with a case length not exceeding one and two-fifths
4  inches, or a straight-walled centerfire cartridge of .30
5  caliber or larger, both of which must be available as a factory
6  load with the published ballistic tables of the manufacturer
7  showing a capability of at least 500 foot pounds of energy at
8  the muzzle. The barrel of a handgun shall be at least 4 inches.
9  Full metal jacket bullets may not be used to harvest deer.
10  The Department shall make administrative rules concerning
11  management restrictions applicable to the firearm and bow and
12  arrow season.
13  It shall be unlawful for any person to take deer except
14  with a bow and arrow during the open season for bow and arrow
15  set annually by the Director between the dates of September
16  1st and January 31st, both inclusive.
17  It shall be unlawful for any person to take deer except
18  with (i) a muzzleloading rifle or (ii) bow and arrow during the
19  open season for muzzleloading rifles set annually by the
20  Director.
21  The Director shall cause an administrative rule setting
22  forth the prescribed rules and regulations, including bag and
23  possession limits and those counties of the State where open
24  seasons are established, to be published in accordance with
25  Sections 1.3 and 1.13 of this Act.
26  The Department may establish separate harvest periods for

 

 

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1  the purpose of managing or eradicating disease that has been
2  found in the deer herd. This season shall be restricted to gun
3  or bow and arrow hunting only. The Department shall publicly
4  announce, via statewide news release, the season dates and
5  shooting hours, the counties and sites open to hunting.
6  The Department is authorized to establish a separate
7  harvest period at specific sites within the State for the
8  purpose of harvesting surplus deer that cannot be taken during
9  the regular season provided for the taking of deer. This
10  season shall be restricted to gun or bow and arrow hunting only
11  and shall be established during the period of September 1st to
12  February 15th, both inclusive. The Department shall publicly
13  announce, via statewide news release, the season dates and
14  shooting hours, and the counties and sites open to hunting.
15  The Department shall publish suitable prescribed rules and
16  regulations established by administrative rule pertaining to
17  management restrictions applicable to this special harvest
18  program. The Department shall allow unused gun deer permits
19  that are left over from a regular season for the taking of deer
20  to be rolled over and used during any separate harvest period
21  held within 6 months of the season for which those tags were
22  issued at no additional cost to the permit holder subject to
23  the management restrictions applicable to the special harvest
24  program.
25  Beginning July 1, 2019, and on an annual basis thereafter,
26  the Department shall provide a report to the General Assembly

 

 

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1  providing information regarding deer management programs
2  established by the Code or by administrative rule that
3  includes: (1) the number of surplus deer taken during each
4  separate harvest season; (2) the number of deer found to have a
5  communicable disease or other abnormality; and (3) what
6  happens to the deer taken during each separate harvest season.
7  (Source: P.A. 101-66, eff. 7-12-19; 102-314, eff. 1-1-22;
8  102-932, eff. 1-1-23.)
9  (520 ILCS 5/2.33)
10  Sec. 2.33. Prohibitions.
11  (a) It is unlawful to carry or possess any gun in any State
12  refuge unless otherwise permitted by administrative rule.
13  (b) It is unlawful to use or possess any snare or
14  snare-like device, deadfall, net, or pit trap to take any
15  species, except that snares not powered by springs or other
16  mechanical devices may be used to trap fur-bearing mammals, in
17  water sets only, if at least one-half of the snare noose is
18  located underwater at all times.
19  (c) It is unlawful for any person at any time to take a
20  wild mammal protected by this Act from its den by means of any
21  mechanical device, spade, or digging device or to use smoke or
22  other gases to dislodge or remove such mammal except as
23  provided in Section 2.37.
24  (d) It is unlawful to use a ferret or any other small
25  mammal which is used in the same or similar manner for which

 

 

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1  ferrets are used for the purpose of frightening or driving any
2  mammals from their dens or hiding places.
3  (e) (Blank).
4  (f) It is unlawful to use spears, gigs, hooks, or any like
5  device to take any species protected by this Act.
6  (g) It is unlawful to use poisons, chemicals, or
7  explosives for the purpose of taking any species protected by
8  this Act.
9  (h) It is unlawful to hunt adjacent to or near any peat,
10  grass, brush, or other inflammable substance when it is
11  burning.
12  (i) It is unlawful to take, pursue or intentionally harass
13  or disturb in any manner any wild birds or mammals by use or
14  aid of any vehicle, conveyance, or unmanned aircraft as
15  defined by the Illinois Aeronautics Act, except as permitted
16  by the Code of Federal Regulations for the taking of
17  waterfowl; except that nothing in this subsection shall
18  prohibit the use of unmanned aircraft in the inspection of a
19  public utility facility, tower, or structure or a mobile
20  service facility, tower, or structure by a public utility, as
21  defined in Section 3-105 of the Public Utilities Act, or a
22  provider of mobile services as defined in Section 153 of Title
23  47 of the United States Code. It is also unlawful to use the
24  lights of any vehicle or conveyance, any light connected to
25  any vehicle or conveyance, or any other lighting device or
26  mechanism from inside or on a vehicle or conveyance in any area

 

 

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1  where wildlife may be found except in accordance with Section
2  2.37 of this Act; however, nothing in this Section shall
3  prohibit the normal use of headlamps for the purpose of
4  driving upon a roadway. For purposes of this Section, any
5  other lighting device or mechanism shall include, but not be
6  limited to, any device that uses infrared or other light not
7  visible to the naked eye, electronic image intensification,
8  active illumination, thermal imaging, or night vision. Striped
9  skunk, opossum, red fox, gray fox, raccoon, bobcat, and coyote
10  may be taken during the open season by use of a small light
11  which is worn on the body or hand-held by a person on foot and
12  not in any vehicle.
13  (j) It is unlawful to use any shotgun larger than 10 gauge
14  while taking or attempting to take any of the species
15  protected by this Act.
16  (k) It is unlawful to use or possess in the field any
17  shotgun shell loaded with a shot size larger than lead BB or
18  steel T (.20 diameter) when taking or attempting to take any
19  species of wild game mammals (excluding white-tailed deer),
20  wild game birds, migratory waterfowl or migratory game birds
21  protected by this Act, except white-tailed deer as provided
22  for in Section 2.26 and other species as provided for by
23  subsection (l) or administrative rule.
24  (l) It is unlawful to take any species of wild game, except
25  white-tailed deer and fur-bearing mammals, with a shotgun
26  loaded with slugs unless otherwise provided for by

 

 

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1  administrative rule.
2  (m) It is unlawful to use any shotgun capable of holding
3  more than 3 shells in the magazine or chamber combined, except
4  on game breeding and hunting preserve areas licensed under
5  Section 3.27 and except as permitted by the Code of Federal
6  Regulations for the taking of waterfowl. If the shotgun is
7  capable of holding more than 3 shells, it shall, while being
8  used on an area other than a game breeding and shooting
9  preserve area licensed pursuant to Section 3.27, be fitted
10  with a one-piece one piece plug that is irremovable without
11  dismantling the shotgun or otherwise altered to render it
12  incapable of holding more than 3 shells in the magazine and
13  chamber, combined.
14  (n) It is unlawful for any person, except persons who
15  possess a permit to hunt from a vehicle as provided in this
16  Section and persons otherwise permitted by law, to have or
17  carry any gun in or on any vehicle, conveyance, or aircraft,
18  unless such gun is unloaded and enclosed in a case, except that
19  at field trials authorized by Section 2.34 of this Act,
20  unloaded guns or guns loaded with blank cartridges only, may
21  be carried on horseback while not contained in a case, or to
22  have or carry any bow or arrow device in or on any vehicle
23  unless such bow or arrow device is unstrung or enclosed in a
24  case, or otherwise made inoperable unless in accordance with
25  the Firearm Concealed Carry Act.
26  (o) (Blank).

 

 

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1  (p) It is unlawful to take game birds, migratory game
2  birds or migratory waterfowl with a rifle, pistol, revolver,
3  or air rifle.
4  (q) It is unlawful to fire a rifle, pistol, revolver, or
5  air rifle on, over, or into any waters of this State, including
6  frozen waters.
7  (r) It is unlawful to discharge any gun or bow and arrow
8  device along, upon, across, or from any public right-of-way or
9  highway in this State.
10  (s) It is unlawful to use a silencer or other device to
11  muffle or mute the sound of the explosion or report resulting
12  from the firing of any gun.
13  (t) It is unlawful for any person to take or attempt to
14  take any species of wildlife or parts thereof, or allow a dog
15  to hunt, within or upon the land of another, or upon waters
16  flowing over or standing on the land of another, or to
17  knowingly shoot a gun or bow and arrow device at any wildlife
18  physically on or flying over the property of another without
19  first obtaining permission from the owner or the owner's
20  designee. For the purposes of this Section, the owner's
21  designee means anyone who the owner designates in a written
22  authorization and the authorization must contain (i) the legal
23  or common description of property for which such authority is
24  given, (ii) the extent that the owner's designee is authorized
25  to make decisions regarding who is allowed to take or attempt
26  to take any species of wildlife or parts thereof, and (iii) the

 

 

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1  owner's notarized signature. Before enforcing this Section,
2  the law enforcement officer must have received notice from the
3  owner or the owner's designee of a violation of this Section.
4  Statements made to the law enforcement officer regarding this
5  notice shall not be rendered inadmissible by the hearsay rule
6  when offered for the purpose of showing the required notice.
7  (u) It is unlawful for any person to discharge any firearm
8  for the purpose of taking any of the species protected by this
9  Act, or hunt with gun or dog, or allow a dog to hunt, within
10  300 yards of an inhabited dwelling without first obtaining
11  permission from the owner or tenant, except that while
12  trapping, hunting with bow and arrow, hunting with dog and
13  shotgun using shot shells only, or hunting with shotgun using
14  shot shells only, or providing outfitting services under a
15  waterfowl outfitter permit, or on licensed game breeding and
16  hunting preserve areas, as defined in Section 3.27, on
17  federally owned and managed lands and on Department owned,
18  managed, leased, or controlled lands, a 100 yard restriction
19  shall apply.
20  (v) It is unlawful for any person to remove fur-bearing
21  mammals from, or to move or disturb in any manner, the traps
22  owned by another person without written authorization of the
23  owner to do so.
24  (w) It is unlawful for any owner of a dog to allow his or
25  her dog to pursue, harass, or kill deer, except that nothing in
26  this Section shall prohibit the tracking of wounded deer with

 

 

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1  a dog in accordance with the provisions of Section 2.26 of this
2  Code.
3  (x) It is unlawful for any person to wantonly or
4  carelessly injure or destroy, in any manner whatsoever, any
5  real or personal property on the land of another while engaged
6  in hunting or trapping thereon.
7  (y) It is unlawful to hunt wild game protected by this Act
8  between one-half one half hour after sunset and one-half one
9  half hour before sunrise, except that hunting hours between
10  one-half one half hour after sunset and one-half one half hour
11  before sunrise may be established by administrative rule for
12  fur-bearing mammals.
13  (z) It is unlawful to take any game bird (excluding wild
14  turkeys and crippled pheasants not capable of normal flight
15  and otherwise irretrievable) protected by this Act when not
16  flying. Nothing in this Section shall prohibit a person from
17  carrying an uncased, unloaded shotgun in a boat, while in
18  pursuit of a crippled migratory waterfowl that is incapable of
19  normal flight, for the purpose of attempting to reduce the
20  migratory waterfowl to possession, provided that the attempt
21  is made immediately upon downing the migratory waterfowl and
22  is done within 400 yards of the blind from which the migratory
23  waterfowl was downed. This exception shall apply only to
24  migratory game birds that are not capable of normal flight.
25  Migratory waterfowl that are crippled may be taken only with a
26  shotgun as regulated by subsection (j) of this Section using

 

 

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1  shotgun shells as regulated in subsection (k) of this Section.
2  (aa) It is unlawful to use or possess any device that may
3  be used for tree climbing or cutting, while hunting
4  fur-bearing mammals, excluding coyotes. However, coyotes may
5  not be hunted utilizing these devices during open season for
6  deer except by properly licensed deer hunters.
7  (bb) It is unlawful for any person, except licensed game
8  breeders, pursuant to Section 2.29 to import, carry into, or
9  possess alive in this State any species of wildlife taken
10  outside of this State, without obtaining permission to do so
11  from the Director.
12  (cc) It is unlawful for any person to have in his or her
13  possession any freshly killed species protected by this Act
14  during the season closed for taking.
15  (dd) It is unlawful to take any species protected by this
16  Act and retain it alive except as provided by administrative
17  rule.
18  (ee) It is unlawful to possess any rifle while in the field
19  during gun deer season except as provided in Sections 2.25 and
20  2.26 and administrative rules.
21  (ff) It is unlawful for any person to take any species
22  protected by this Act, except migratory waterfowl, during the
23  gun deer hunting season in those counties open to gun deer
24  hunting, unless he or she wears, when in the field, a cap and
25  upper outer garment of a solid blaze orange color or solid
26  blaze pink color, with such articles of clothing displaying a

 

 

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1  minimum of 400 square inches of blaze orange or solid blaze
2  pink color material.
3  (gg) It is unlawful during the upland game season for any
4  person to take upland game with a firearm unless he or she
5  wears, while in the field, a cap of solid blaze orange color or
6  solid blaze pink color. For purposes of this Act, upland game
7  is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
8  Pheasant, Eastern Cottontail, and Swamp Rabbit.
9  (hh) It shall be unlawful to kill or cripple any species
10  protected by this Act for which there is a bag limit without
11  making a reasonable effort to retrieve such species and
12  include such in the bag limit. It shall be unlawful for any
13  person having control over harvested game mammals, game birds,
14  or migratory game birds for which there is a bag limit to
15  wantonly waste or destroy the usable meat of the game, except
16  this shall not apply to wildlife taken under Sections 2.37 or
17  3.22 of this Code. For purposes of this subsection, "usable
18  meat" means the breast meat of a game bird or migratory game
19  bird and the hind ham and front shoulders of a game mammal. It
20  shall be unlawful for any person to place, leave, dump, or
21  abandon a wildlife carcass or parts of it along or upon a
22  public right-of-way or highway or on public or private
23  property, including a waterway or stream, without the
24  permission of the owner or tenant. It shall not be unlawful to
25  discard game meat that is determined to be unfit for human
26  consumption.

 

 

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1  (ii) This Section shall apply only to those species
2  protected by this Act taken within the State. Any species or
3  any parts thereof, legally taken in and transported from other
4  states or countries, may be possessed within the State, except
5  as provided in this Section and Sections 2.35, 2.36, and 3.21.
6  (jj) (Blank).
7  (kk) Nothing contained in this Section shall prohibit the
8  Director from issuing permits to paraplegics or to other
9  persons with disabilities who meet the requirements set forth
10  in administrative rule to shoot or hunt from a vehicle as
11  provided by that rule, provided that such is otherwise in
12  accord with this Act.
13  (ll) Nothing contained in this Act shall prohibit the
14  taking of aquatic life protected by the Fish and Aquatic Life
15  Code or birds and mammals protected by this Act, except deer
16  and fur-bearing mammals, from a boat not camouflaged or
17  disguised to alter its identity or to further provide a place
18  of concealment and not propelled by sail or mechanical power.
19  However, only shotguns not larger than 10 gauge nor smaller
20  than .410 bore loaded with not more than 3 shells of a shot
21  size no larger than lead BB or steel T (.20 diameter) may be
22  used to take species protected by this Act.
23  (mm) Nothing contained in this Act shall prohibit the use
24  of a shotgun, not larger than 10 gauge nor smaller than a 20
25  gauge, with a rifled barrel.
26  (nn) It shall be unlawful to possess any species of

 

 

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1  wildlife or wildlife parts taken unlawfully in Illinois, any
2  other state, or any other country, whether or not the wildlife
3  or wildlife parts are is indigenous to Illinois. For the
4  purposes of this subsection, the statute of limitations for
5  unlawful possession of wildlife or wildlife parts shall not
6  cease until 2 years after the possession has permanently
7  ended.
8  (oo) It is unlawful while deer hunting to possess or be in
9  close proximity to a rifle that is not a centerfire wildlife
10  rifle. :
11  (1) to possess or be in close proximity to a rifle that
12  is not centerfire; or
13  (2) be in possession of or in close proximity to a
14  magazine that is capable of making a rifle not a single
15  shot.
16  (Source: P.A. 102-237, eff. 1-1-22; 102-837, eff. 5-13-22;
17  102-932, eff. 1-1-23; revised 12-14-22.)
18  (520 ILCS 5/1.2bb rep.)
19  Section 10. The Wildlife Code is amended by repealing
20  Section 1.2bb.

 

 

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