| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0037 | |
| 2 | 1 | HB2461 EnrolledLRB103 25474 RLC 51823 b HB2461 Enrolled LRB103 25474 RLC 51823 b | |
| 3 | 2 | HB2461 Enrolled LRB103 25474 RLC 51823 b | |
| 4 | - | AN ACT concerning wildlife. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 5. The Wildlife Code is amended by changing | |
| 8 | - | Sections 2.33a, 2.36, 2.37, and 3.5 as follows: | |
| 9 | - | (520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a) | |
| 10 | - | Sec. 2.33a. Trapping. | |
| 11 | - | (a) It is unlawful to fail to visit and remove all animals | |
| 12 | - | from traps staked out, set, used, tended, placed or maintained | |
| 13 | - | at least once each calendar day. | |
| 14 | - | (b) It is unlawful for any person to place, set, use, or | |
| 15 | - | maintain a leghold trap or one of similar construction on | |
| 16 | - | land, that has a jaw spread of larger than 6 1/2 inches (16.6 | |
| 17 | - | CM), or a body-gripping trap or one of similar construction | |
| 18 | - | having a jaw spread larger than 7 inches (17.8 CM) on a side if | |
| 19 | - | square and 8 inches (20.4 CM) if round. | |
| 20 | - | (c) It is unlawful for any person to place, set, use, or | |
| 21 | - | maintain a leghold trap or one of similar construction in | |
| 22 | - | water, that has a jaw spread of larger than 7 1/2 inches (19.1 | |
| 23 | - | CM), or a body-gripping trap or one of similar construction | |
| 24 | - | having a jaw spread larger than 10 inches (25.4 CM) on a side | |
| 25 | - | if square and 12 inches (30.5 CM) if round. | |
| 26 | - | (d) It is unlawful to use any trap with saw-toothed, | |
| 3 | + | 1 AN ACT concerning wildlife. | |
| 4 | + | 2 Be it enacted by the People of the State of Illinois, | |
| 5 | + | 3 represented in the General Assembly: | |
| 6 | + | 4 Section 5. The Wildlife Code is amended by changing | |
| 7 | + | 5 Sections 2.33a, 2.36, 2.37, and 3.5 as follows: | |
| 8 | + | 6 (520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a) | |
| 9 | + | 7 Sec. 2.33a. Trapping. | |
| 10 | + | 8 (a) It is unlawful to fail to visit and remove all animals | |
| 11 | + | 9 from traps staked out, set, used, tended, placed or maintained | |
| 12 | + | 10 at least once each calendar day. | |
| 13 | + | 11 (b) It is unlawful for any person to place, set, use, or | |
| 14 | + | 12 maintain a leghold trap or one of similar construction on | |
| 15 | + | 13 land, that has a jaw spread of larger than 6 1/2 inches (16.6 | |
| 16 | + | 14 CM), or a body-gripping trap or one of similar construction | |
| 17 | + | 15 having a jaw spread larger than 7 inches (17.8 CM) on a side if | |
| 18 | + | 16 square and 8 inches (20.4 CM) if round. | |
| 19 | + | 17 (c) It is unlawful for any person to place, set, use, or | |
| 20 | + | 18 maintain a leghold trap or one of similar construction in | |
| 21 | + | 19 water, that has a jaw spread of larger than 7 1/2 inches (19.1 | |
| 22 | + | 20 CM), or a body-gripping trap or one of similar construction | |
| 23 | + | 21 having a jaw spread larger than 10 inches (25.4 CM) on a side | |
| 24 | + | 22 if square and 12 inches (30.5 CM) if round. | |
| 25 | + | 23 (d) It is unlawful to use any trap with saw-toothed, | |
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | ||
| 30 | 29 | HB2461 Enrolled LRB103 25474 RLC 51823 b | |
| 31 | 30 | ||
| 32 | 31 | ||
| 33 | - | spiked, or toothed jaws. | |
| 34 | - | (e) It is unlawful to destroy, disturb or in any manner | |
| 35 | - | interfere with dams, lodges, burrows or feed beds of beaver | |
| 36 | - | while trapping for beaver or to set a trap inside a muskrat | |
| 37 | - | house or beaver lodge, except that this shall not apply to | |
| 38 | - | individuals who Drainage Districts that are acting pursuant to | |
| 39 | - | the provisions of Section 2.37 or as provided for by | |
| 40 | - | administrative rule. | |
| 41 | - | (f) It is unlawful to trap beaver or river otter with: (1) | |
| 42 | - | a leghold trap or one of similar construction having a jaw | |
| 43 | - | spread of less than 5 1/2 inches (13.9 CM) or more than 7 1/2 | |
| 44 | - | inches (19.1 CM), or (2) a body-gripping trap or one of similar | |
| 45 | - | construction having a jaw spread of less than 7 inches (17.7 | |
| 46 | - | CM) or more than 10 inches (25.4 CM) on a side if square and 12 | |
| 47 | - | inches (30.5 CM) if round, except that these restrictions | |
| 48 | - | shall not apply during the open season for trapping raccoons. | |
| 49 | - | (g) It is unlawful to set traps closer than 10 feet (3.05 | |
| 50 | - | M) from any hole or den which may be occupied by a game mammal | |
| 51 | - | or fur-bearing mammal except that this restriction shall not | |
| 52 | - | apply to water sets. | |
| 53 | - | (h) It is unlawful to trap or attempt to trap any | |
| 54 | - | fur-bearing mammal with any colony, cage, box, or stove-pipe | |
| 55 | - | trap designed to take more than one mammal at a single setting. | |
| 56 | - | (i) It is unlawful for any person to set or place any trap | |
| 57 | - | designed to take any fur-bearing mammal protected by this Act | |
| 58 | - | during the closed trapping season. Proof that any trap was | |
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| 33 | + | HB2461 Enrolled - 2 - LRB103 25474 RLC 51823 b | |
| 34 | + | 1 spiked, or toothed jaws. | |
| 35 | + | 2 (e) It is unlawful to destroy, disturb or in any manner | |
| 36 | + | 3 interfere with dams, lodges, burrows or feed beds of beaver | |
| 37 | + | 4 while trapping for beaver or to set a trap inside a muskrat | |
| 38 | + | 5 house or beaver lodge, except that this shall not apply to | |
| 39 | + | 6 individuals who Drainage Districts that are acting pursuant to | |
| 40 | + | 7 the provisions of Section 2.37 or as provided for by | |
| 41 | + | 8 administrative rule. | |
| 42 | + | 9 (f) It is unlawful to trap beaver or river otter with: (1) | |
| 43 | + | 10 a leghold trap or one of similar construction having a jaw | |
| 44 | + | 11 spread of less than 5 1/2 inches (13.9 CM) or more than 7 1/2 | |
| 45 | + | 12 inches (19.1 CM), or (2) a body-gripping trap or one of similar | |
| 46 | + | 13 construction having a jaw spread of less than 7 inches (17.7 | |
| 47 | + | 14 CM) or more than 10 inches (25.4 CM) on a side if square and 12 | |
| 48 | + | 15 inches (30.5 CM) if round, except that these restrictions | |
| 49 | + | 16 shall not apply during the open season for trapping raccoons. | |
| 50 | + | 17 (g) It is unlawful to set traps closer than 10 feet (3.05 | |
| 51 | + | 18 M) from any hole or den which may be occupied by a game mammal | |
| 52 | + | 19 or fur-bearing mammal except that this restriction shall not | |
| 53 | + | 20 apply to water sets. | |
| 54 | + | 21 (h) It is unlawful to trap or attempt to trap any | |
| 55 | + | 22 fur-bearing mammal with any colony, cage, box, or stove-pipe | |
| 56 | + | 23 trap designed to take more than one mammal at a single setting. | |
| 57 | + | 24 (i) It is unlawful for any person to set or place any trap | |
| 58 | + | 25 designed to take any fur-bearing mammal protected by this Act | |
| 59 | + | 26 during the closed trapping season. Proof that any trap was | |
| 59 | 60 | ||
| 60 | 61 | ||
| 61 | - | placed during the closed trapping season shall be deemed prima | |
| 62 | - | facie evidence of a violation of this provision. | |
| 63 | - | (j) It is unlawful to place, set, or maintain any leghold | |
| 64 | - | trap or one of similar construction within thirty (30) feet | |
| 65 | - | (9.14 m) of bait placed in such a manner or position that it is | |
| 66 | - | not completely covered and concealed from sight, except that | |
| 67 | - | this shall not apply to underwater sets. Bait shall mean and | |
| 68 | - | include any bait composed of mammal, bird, or fish flesh, fur, | |
| 69 | - | hide, entrails or feathers. | |
| 70 | - | (k) (Blank). | |
| 71 | - | (l) It is unlawful for any person to place, set, use or | |
| 72 | - | maintain a snare trap or one of similar construction in water, | |
| 73 | - | that has a loop diameter exceeding 15 inches (38.1 CM) or a | |
| 74 | - | cable or wire diameter of more than 1/8 inch (3.2 MM) or less | |
| 75 | - | than 5/64 inch (2.0 MM), that is constructed of stainless | |
| 76 | - | steel metal cable or wire, and that does not have a mechanical | |
| 77 | - | lock, anchor swivel and stop device to prevent the mechanical | |
| 78 | - | lock from closing the noose loop to a diameter of less than 2 | |
| 79 | - | 1/2 inches (6.4 CM). | |
| 80 | - | (m) It is unlawful to trap muskrat or mink with (1) a | |
| 81 | - | leghold trap or one of similar construction or (2) a | |
| 82 | - | body-gripping trap or one of similar construction unless the | |
| 83 | - | body-gripping trap or similar trap is completely submerged | |
| 84 | - | underwater when set. These restrictions shall not apply during | |
| 85 | - | the open season for trapping raccoons. | |
| 86 | - | (Source: P.A. 99-33, eff. 1-1-16; 100-201, eff. 8-18-17.) | |
| 87 | 62 | ||
| 88 | 63 | ||
| 89 | - | (520 ILCS 5/2.36) (from Ch. 61, par. 2.36) | |
| 90 | - | Sec. 2.36. It shall be unlawful to buy, sell or barter, or | |
| 91 | - | offer to buy, sell or barter, and for a commercial | |
| 92 | - | institution, other than a regularly operated refrigerated | |
| 93 | - | storage establishment, to have in its possession any of the | |
| 94 | - | wild birds, or any part thereof (and their eggs), or wild | |
| 95 | - | mammals or any parts thereof, protected by this Act unless | |
| 96 | - | done as hereinafter provided: | |
| 97 | - | Game birds or any parts thereof (and their eggs), may be | |
| 98 | - | held, possessed, raised and sold, or otherwise dealt with, as | |
| 99 | - | provided in Section 3.23 of this Act or when legally produced | |
| 100 | - | under similar special permit in another state or country and | |
| 101 | - | legally transported into the State of Illinois; provided that | |
| 102 | - | such imported game birds or any parts thereof, shall be marked | |
| 103 | - | with permanent irremovable tags, or similar devices, to | |
| 104 | - | establish and retain their origin and identity; | |
| 105 | - | Rabbits may be legally taken and possessed as provided in | |
| 106 | - | Sections 3.23, 3.24, and 3.26 of this Act; | |
| 107 | - | Deer, or any parts thereof, may be held, possessed, sold | |
| 108 | - | or otherwise dealt with as provided in this Section and | |
| 109 | - | Sections 3.23 and 3.24 of this Act; | |
| 110 | - | If a properly tagged deer is processed at a licensed meat | |
| 111 | - | processing facility, the meat processor at the facility is an | |
| 112 | - | active member of the Illinois Sportsmen Against Hunger | |
| 113 | - | program, and the owner of the deer (i) fails to claim the | |
| 64 | + | ||
| 65 | + | HB2461 Enrolled - 2 - LRB103 25474 RLC 51823 b | |
| 114 | 66 | ||
| 115 | 67 | ||
| 116 | - | processed deer within a reasonable time or (ii) notifies the | |
| 117 | - | licensed meat processing facility that the owner no longer | |
| 118 | - | wants the processed deer, then the deer meat may be given away | |
| 119 | - | by the licensed meat processor to another person or donated to | |
| 120 | - | any other charitable organization or community food bank that | |
| 121 | - | receives wild game meat. The licensed meat processing facility | |
| 122 | - | may charge the person receiving the deer meat a reasonable and | |
| 123 | - | customary processing fee; | |
| 124 | - | Meat processors who are active members of the Illinois | |
| 125 | - | Sportsmen Against Hunger program shall keep written records of | |
| 126 | - | all deer received. Records shall include the following | |
| 127 | - | information: | |
| 128 | - | (1) the date the deer was received; | |
| 129 | - | (2) the name, address, and telephone number of the | |
| 130 | - | person from whom the deer was received; | |
| 131 | - | (3) whether the deer was received as a whole carcass | |
| 132 | - | or as deboned meat; if the deer was brought to the meat | |
| 133 | - | processor as deboned meat, the processor shall include the | |
| 134 | - | weight of the meat; | |
| 135 | - | (4) the number and state of issuance of the permit of | |
| 136 | - | the person from whom the deer was received; in the absence | |
| 137 | - | of a permit number, the meat processor may rely on the | |
| 138 | - | written certification of the person from whom the deer was | |
| 139 | - | received that the deer was legally taken or obtained; and | |
| 140 | - | (5) if the person who originally delivered the deer to | |
| 141 | - | the meat processor fails to collect or make arrangements | |
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| 69 | + | HB2461 Enrolled - 3 - LRB103 25474 RLC 51823 b | |
| 70 | + | 1 placed during the closed trapping season shall be deemed prima | |
| 71 | + | 2 facie evidence of a violation of this provision. | |
| 72 | + | 3 (j) It is unlawful to place, set, or maintain any leghold | |
| 73 | + | 4 trap or one of similar construction within thirty (30) feet | |
| 74 | + | 5 (9.14 m) of bait placed in such a manner or position that it is | |
| 75 | + | 6 not completely covered and concealed from sight, except that | |
| 76 | + | 7 this shall not apply to underwater sets. Bait shall mean and | |
| 77 | + | 8 include any bait composed of mammal, bird, or fish flesh, fur, | |
| 78 | + | 9 hide, entrails or feathers. | |
| 79 | + | 10 (k) (Blank). | |
| 80 | + | 11 (l) It is unlawful for any person to place, set, use or | |
| 81 | + | 12 maintain a snare trap or one of similar construction in water, | |
| 82 | + | 13 that has a loop diameter exceeding 15 inches (38.1 CM) or a | |
| 83 | + | 14 cable or wire diameter of more than 1/8 inch (3.2 MM) or less | |
| 84 | + | 15 than 5/64 inch (2.0 MM), that is constructed of stainless | |
| 85 | + | 16 steel metal cable or wire, and that does not have a mechanical | |
| 86 | + | 17 lock, anchor swivel and stop device to prevent the mechanical | |
| 87 | + | 18 lock from closing the noose loop to a diameter of less than 2 | |
| 88 | + | 19 1/2 inches (6.4 CM). | |
| 89 | + | 20 (m) It is unlawful to trap muskrat or mink with (1) a | |
| 90 | + | 21 leghold trap or one of similar construction or (2) a | |
| 91 | + | 22 body-gripping trap or one of similar construction unless the | |
| 92 | + | 23 body-gripping trap or similar trap is completely submerged | |
| 93 | + | 24 underwater when set. These restrictions shall not apply during | |
| 94 | + | 25 the open season for trapping raccoons. | |
| 95 | + | 26 (Source: P.A. 99-33, eff. 1-1-16; 100-201, eff. 8-18-17.) | |
| 142 | 96 | ||
| 143 | 97 | ||
| 144 | - | for the packaged deer meat to be collected and the meat | |
| 145 | - | processor gives all or part of the unclaimed deer meat to | |
| 146 | - | another person, the meat processor shall maintain a record | |
| 147 | - | of the exchange; the meat processor's records shall | |
| 148 | - | include the customer's name, physical address, telephone | |
| 149 | - | number, as well as the quantity and type of deer meat given | |
| 150 | - | to the customer. The meat processor shall also include the | |
| 151 | - | amount of compensation received for the deer meat in his | |
| 152 | - | or her records. | |
| 153 | - | Meat processor records for unclaimed deer meat shall be | |
| 154 | - | open for inspection by any peace officer at any reasonable | |
| 155 | - | hour. Meat processors shall maintain records for a period of 2 | |
| 156 | - | years after the date of receipt of the wild game or for as long | |
| 157 | - | as the specimen or meat remains in the meat processors | |
| 158 | - | possession, whichever is longer; | |
| 159 | - | No meat processor shall have in his or her possession any | |
| 160 | - | deer that is not listed in his or her written records and | |
| 161 | - | properly tagged or labeled; | |
| 162 | - | All licensed meat processors who ship any deer or parts of | |
| 163 | - | deer that have been held, possessed, or otherwise dealt with | |
| 164 | - | shall tag or label the shipment, and the tag or label shall | |
| 165 | - | state the name of the meat processor; | |
| 166 | - | Nothing in this Section removes meat processors from | |
| 167 | - | responsibility for the observance of any State or federal | |
| 168 | - | laws, rules, or regulations that may apply to the meat | |
| 169 | - | processing business; | |
| 170 | 98 | ||
| 171 | 99 | ||
| 172 | - | Fur-bearing mammals, or any parts thereof, may be held, | |
| 173 | - | possessed, sold or otherwise dealt with as provided in | |
| 174 | - | Sections 3.16, 3.24, and 3.26 of this Act or when legally taken | |
| 175 | - | and possessed in Illinois or legally taken and possessed in | |
| 176 | - | and transported from other states or countries; | |
| 177 | - | It is unlawful for any person to act as a nuisance wildlife | |
| 178 | - | control operator for fee or compensation without a permit as | |
| 179 | - | provided in subsection subsection (b) of Section 2.37 of this | |
| 180 | - | Act unless such trapping is in compliance with Section 2.30. | |
| 181 | - | The inedible parts of game mammals may be held, possessed, | |
| 182 | - | sold or otherwise dealt with when legally taken, in Illinois | |
| 183 | - | or legally taken and possessed in and transported from other | |
| 184 | - | states or countries. | |
| 185 | - | Failure to establish proof of the legality of possession | |
| 186 | - | in another state or country and importation into the State of | |
| 187 | - | Illinois, shall be prima facie evidence that such game birds | |
| 188 | - | or any parts thereof, and their eggs, game mammals and | |
| 189 | - | fur-bearing mammals, or any parts thereof, were taken within | |
| 190 | - | the State of Illinois. | |
| 191 | - | (Source: P.A. 97-567, eff. 8-25-11.) | |
| 192 | - | (520 ILCS 5/2.37) (from Ch. 61, par. 2.37) | |
| 193 | - | Sec. 2.37. Authority to kill wildlife responsible for | |
| 194 | - | damage. | |
| 195 | - | (a) Subject to federal regulations and Section 3 of the | |
| 196 | - | Illinois Endangered Species Act, the Department may authorize | |
| 100 | + | ||
| 101 | + | HB2461 Enrolled - 3 - LRB103 25474 RLC 51823 b | |
| 197 | 102 | ||
| 198 | 103 | ||
| 199 | - | owners and tenants of lands or their agents, who are | |
| 200 | - | performing the service without fee or compensation, to remove | |
| 201 | - | or destroy any wild bird or wild mammal when the wild bird or | |
| 202 | - | wild mammal is known to be destroying property or causing a | |
| 203 | - | risk to human health or safety upon his or her land. | |
| 204 | - | Upon receipt by the Department of information from the | |
| 205 | - | owner, tenant, or sharecropper that any one or more species of | |
| 206 | - | wildlife is damaging dams, levees, ditches, cattle pastures, | |
| 207 | - | or other property on the land on which he resides or controls, | |
| 208 | - | together with a statement regarding location of the property | |
| 209 | - | damages, the nature and extent of the damage, and the | |
| 210 | - | particular species of wildlife committing the damage, the | |
| 211 | - | Department shall make an investigation. | |
| 212 | - | If, after investigation, the Department finds that damage | |
| 213 | - | does exist and can be abated only by removing or destroying | |
| 214 | - | that wildlife, a permit shall be issued by the Department to | |
| 215 | - | remove or destroy the species responsible for causing the | |
| 216 | - | damage. | |
| 217 | - | A permit to control the damage shall be for a period of up | |
| 218 | - | to 90 days, shall specify the means and methods by which and | |
| 219 | - | the person or persons by whom the wildlife may be removed or | |
| 220 | - | destroyed, without fee or compensation, and shall set forth | |
| 221 | - | the disposition procedure to be made of all wildlife taken and | |
| 222 | - | other restrictions the Director considers necessary and | |
| 223 | - | appropriate in the circumstances of the particular case. | |
| 224 | - | Whenever possible, the specimens destroyed shall be given to a | |
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| 105 | + | HB2461 Enrolled - 4 - LRB103 25474 RLC 51823 b | |
| 106 | + | 1 (520 ILCS 5/2.36) (from Ch. 61, par. 2.36) | |
| 107 | + | 2 Sec. 2.36. It shall be unlawful to buy, sell or barter, or | |
| 108 | + | 3 offer to buy, sell or barter, and for a commercial | |
| 109 | + | 4 institution, other than a regularly operated refrigerated | |
| 110 | + | 5 storage establishment, to have in its possession any of the | |
| 111 | + | 6 wild birds, or any part thereof (and their eggs), or wild | |
| 112 | + | 7 mammals or any parts thereof, protected by this Act unless | |
| 113 | + | 8 done as hereinafter provided: | |
| 114 | + | 9 Game birds or any parts thereof (and their eggs), may be | |
| 115 | + | 10 held, possessed, raised and sold, or otherwise dealt with, as | |
| 116 | + | 11 provided in Section 3.23 of this Act or when legally produced | |
| 117 | + | 12 under similar special permit in another state or country and | |
| 118 | + | 13 legally transported into the State of Illinois; provided that | |
| 119 | + | 14 such imported game birds or any parts thereof, shall be marked | |
| 120 | + | 15 with permanent irremovable tags, or similar devices, to | |
| 121 | + | 16 establish and retain their origin and identity; | |
| 122 | + | 17 Rabbits may be legally taken and possessed as provided in | |
| 123 | + | 18 Sections 3.23, 3.24, and 3.26 of this Act; | |
| 124 | + | 19 Deer, or any parts thereof, may be held, possessed, sold | |
| 125 | + | 20 or otherwise dealt with as provided in this Section and | |
| 126 | + | 21 Sections 3.23 and 3.24 of this Act; | |
| 127 | + | 22 If a properly tagged deer is processed at a licensed meat | |
| 128 | + | 23 processing facility, the meat processor at the facility is an | |
| 129 | + | 24 active member of the Illinois Sportsmen Against Hunger | |
| 130 | + | 25 program, and the owner of the deer (i) fails to claim the | |
| 225 | 131 | ||
| 226 | 132 | ||
| 227 | - | bona-fide public or State scientific, educational, or | |
| 228 | - | zoological institution. | |
| 229 | - | The permittee shall advise the Department in writing, | |
| 230 | - | within 10 days after the expiration date of the permit, of the | |
| 231 | - | number of individual species of wildlife taken, disposition | |
| 232 | - | made of them, and any other information which the Department | |
| 233 | - | may consider necessary. | |
| 234 | - | (b) Subject to federal regulations and Section 3 of the | |
| 235 | - | Illinois Endangered Species Act, the Department may grant the | |
| 236 | - | authority to control species protected by this Code pursuant | |
| 237 | - | to the issuance of a Nuisance Wildlife Control Permit to: | |
| 238 | - | (1) any person who is providing such service for a fee | |
| 239 | - | or compensation; an individual, corporation, association | |
| 240 | - | or | |
| 241 | - | (2) a governmental body; or | |
| 242 | - | (3) a nonprofit or other charitable organization the | |
| 243 | - | authority to control species protected by this Code | |
| 244 | - | pursuant to the issuance of a Nuisance Wildlife Control | |
| 245 | - | Permit. | |
| 246 | - | The Department shall set forth applicable regulations in | |
| 247 | - | an Administrative Order and may require periodic reports | |
| 248 | - | listing species taken, numbers of each species taken, dates | |
| 249 | - | when taken, and other pertinent information. | |
| 250 | - | Any person operating under a Nuisance Wildlife Control | |
| 251 | - | Permit who subcontracts the operation of nuisance wildlife | |
| 252 | - | control to another shall ensure that such subcontractor | |
| 253 | 133 | ||
| 254 | 134 | ||
| 255 | - | possesses a valid Nuisance Wildlife Control Permit issued by | |
| 256 | - | the Department. The person must maintain a record of the | |
| 257 | - | subcontractor including the subcontractor's name, address, and | |
| 258 | - | phone number, and type of work to be performed, for a period of | |
| 259 | - | not less than 2 years from the date the subcontractor is no | |
| 260 | - | longer performing services on behalf of the person. The | |
| 261 | - | records shall be presented to an authorized employee of the | |
| 262 | - | Department or law enforcement officer upon request for | |
| 263 | - | inspection. | |
| 264 | - | Any person operating without the required permit as | |
| 265 | - | outlined under this subsection (b) or in violation of this | |
| 266 | - | subsection (b) is deemed to be taking, attempting to take, | |
| 267 | - | disturbing, or harassing wildlife contrary to the provisions | |
| 268 | - | of this Code, including the taking or attempting to take such | |
| 269 | - | species for commercial purposes as outlined in Sections 2.36 | |
| 270 | - | and 2.36a of this Code. Any devices and equipment, including | |
| 271 | - | vehicles, used in violation of this subsection (b) may be | |
| 272 | - | subject to the provisions of Section 1.25 of this Code. | |
| 273 | - | (c) Except when operating under subsection (b) of this | |
| 274 | - | Section, drainage districts Drainage Districts shall have the | |
| 275 | - | authority to control beaver provided that they must notify the | |
| 276 | - | Department in writing that a problem exists and of their | |
| 277 | - | intention to trap the animals at least 7 days before the | |
| 278 | - | trapping begins. The district District must identify traps | |
| 279 | - | used in beaver control outside the dates of the furbearer | |
| 280 | - | trapping season with metal tags with the district's name | |
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| 281 | 137 | ||
| 282 | 138 | ||
| 283 | - | legibly inscribed upon them. During the fur trapping | |
| 284 | - | furtrapping season, traps must be identified as prescribed by | |
| 285 | - | law. Conibear traps at least size 330 shall be used except | |
| 286 | - | during the statewide furbearer trapping season. During that | |
| 287 | - | time trappers may use any device that is legal according to the | |
| 288 | - | Wildlife Code. Except during the statewide furbearer trapping | |
| 289 | - | season, beaver traps must be set in water at least 10 inches | |
| 290 | - | deep. Except during the statewide furbearer trapping season, | |
| 291 | - | traps must be set within 10 feet of an inhabited bank burrow or | |
| 292 | - | house and within 10 feet of a dam maintained by a beaver. No | |
| 293 | - | beaver or other furbearer taken outside of the dates for the | |
| 294 | - | furbearer trapping season may be sold. All animals must be | |
| 295 | - | given to the nearest conservation officer or other Department | |
| 296 | - | of Natural Resources representative within 48 hours after they | |
| 297 | - | are caught unless otherwise instructed by the Department. | |
| 298 | - | Furbearers taken during the fur trapping season may be sold | |
| 299 | - | provided that they are taken by persons who have valid | |
| 300 | - | trapping licenses in their possession and are lawfully taken. | |
| 301 | - | The district District must submit an annual report showing the | |
| 302 | - | species and numbers of animals caught. The report must | |
| 303 | - | indicate all species which were taken. This authority only | |
| 304 | - | extends to control of beavers. Any other protected species | |
| 305 | - | must be controlled pursuant to subsection (b) or (c). | |
| 306 | - | The location of traps or snares authorized under this | |
| 307 | - | Section, either by the Department or any other governmental | |
| 308 | - | body with the authority to control species protected by this | |
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| 141 | + | 1 processed deer within a reasonable time or (ii) notifies the | |
| 142 | + | 2 licensed meat processing facility that the owner no longer | |
| 143 | + | 3 wants the processed deer, then the deer meat may be given away | |
| 144 | + | 4 by the licensed meat processor to another person or donated to | |
| 145 | + | 5 any other charitable organization or community food bank that | |
| 146 | + | 6 receives wild game meat. The licensed meat processing facility | |
| 147 | + | 7 may charge the person receiving the deer meat a reasonable and | |
| 148 | + | 8 customary processing fee; | |
| 149 | + | 9 Meat processors who are active members of the Illinois | |
| 150 | + | 10 Sportsmen Against Hunger program shall keep written records of | |
| 151 | + | 11 all deer received. Records shall include the following | |
| 152 | + | 12 information: | |
| 153 | + | 13 (1) the date the deer was received; | |
| 154 | + | 14 (2) the name, address, and telephone number of the | |
| 155 | + | 15 person from whom the deer was received; | |
| 156 | + | 16 (3) whether the deer was received as a whole carcass | |
| 157 | + | 17 or as deboned meat; if the deer was brought to the meat | |
| 158 | + | 18 processor as deboned meat, the processor shall include the | |
| 159 | + | 19 weight of the meat; | |
| 160 | + | 20 (4) the number and state of issuance of the permit of | |
| 161 | + | 21 the person from whom the deer was received; in the absence | |
| 162 | + | 22 of a permit number, the meat processor may rely on the | |
| 163 | + | 23 written certification of the person from whom the deer was | |
| 164 | + | 24 received that the deer was legally taken or obtained; and | |
| 165 | + | 25 (5) if the person who originally delivered the deer to | |
| 166 | + | 26 the meat processor fails to collect or make arrangements | |
| 309 | 167 | ||
| 310 | 168 | ||
| 311 | - | Code, shall be exempt from the provisions of the Freedom of | |
| 312 | - | Information Act. | |
| 313 | - | (Source: P.A. 102-524, eff. 8-20-21.) | |
| 314 | - | (520 ILCS 5/3.5) (from Ch. 61, par. 3.5) | |
| 315 | - | Sec. 3.5. Penalties; probation. | |
| 316 | - | (a) Any person who violates any of the provisions of | |
| 317 | - | Section 2.36a, including administrative rules, shall be guilty | |
| 318 | - | of a Class 3 felony, except as otherwise provided in | |
| 319 | - | subsection (b) of this Section and subsection (a) of Section | |
| 320 | - | 2.36a. | |
| 321 | - | (b) Whenever any person who has not previously been | |
| 322 | - | convicted of, or placed on probation or court supervision for, | |
| 323 | - | any offense under Section 1.22, 2.36, or 2.36a operating | |
| 324 | - | without a permit as prescribed in subsection (b) of Section | |
| 325 | - | 2.37 or subsection (i) or (cc) of Section 2.33, the court may, | |
| 326 | - | without entering a judgment and with the person's consent, | |
| 327 | - | sentence the person to probation for a violation of Section | |
| 328 | - | 2.36a. | |
| 329 | - | (1) When a person is placed on probation, the court | |
| 330 | - | shall enter an order specifying a period of probation of | |
| 331 | - | 24 months and shall defer further proceedings in the case | |
| 332 | - | until the conclusion of the period or until the filing of a | |
| 333 | - | petition alleging violation of a term or condition of | |
| 334 | - | probation. | |
| 335 | - | (2) The conditions of probation shall be that the | |
| 336 | 169 | ||
| 337 | 170 | ||
| 338 | - | person: | |
| 339 | - | (A) Not violate any criminal statute of any | |
| 340 | - | jurisdiction. | |
| 341 | - | (B) Perform no less than 30 hours of community | |
| 342 | - | service, provided community service is available in | |
| 343 | - | the jurisdiction and is funded and approved by the | |
| 344 | - | county board. | |
| 345 | - | (3) The court may, in addition to other conditions: | |
| 346 | - | (A) Require that the person make a report to and | |
| 347 | - | appear in person before or participate with the court | |
| 348 | - | or courts, person, or social service agency as | |
| 349 | - | directed by the court in the order of probation. | |
| 350 | - | (B) Require that the person pay a fine and costs. | |
| 351 | - | (C) Require that the person refrain from | |
| 352 | - | possessing a firearm or other dangerous weapon. | |
| 353 | - | (D) Prohibit the person from associating with any | |
| 354 | - | person who is actively engaged in any of the | |
| 355 | - | activities regulated by the permits issued or | |
| 356 | - | privileges granted by the Department of Natural | |
| 357 | - | Resources. | |
| 358 | - | (4) Upon violation of a term or condition of | |
| 359 | - | probation, the court may enter a judgment on its original | |
| 360 | - | finding of guilt and proceed as otherwise provided. | |
| 361 | - | (5) Upon fulfillment of the terms and conditions of | |
| 362 | - | probation, the court shall discharge the person and | |
| 363 | - | dismiss the proceedings against the person. | |
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| 366 | - | (6) A disposition of probation is considered to be a | |
| 367 | - | conviction for the purposes of imposing the conditions of | |
| 368 | - | probation, for appeal, and for administrative revocation | |
| 369 | - | and suspension of licenses and privileges; however, | |
| 370 | - | discharge and dismissal under this Section is not a | |
| 371 | - | conviction for purposes of disqualification or | |
| 372 | - | disabilities imposed by law upon conviction of a crime. | |
| 373 | - | (7) Discharge and dismissal under this Section may | |
| 374 | - | occur only once with respect to any person. | |
| 375 | - | (8) If a person is convicted of an offense under this | |
| 376 | - | Act within 5 years subsequent to a discharge and dismissal | |
| 377 | - | under this Section, the discharge and dismissal under this | |
| 378 | - | Section shall be admissible in the sentencing proceeding | |
| 379 | - | for that conviction as a factor in aggravation. | |
| 380 | - | (9) The Circuit Clerk shall notify the Illinois State | |
| 381 | - | Police of all persons convicted of or placed under | |
| 382 | - | probation for violations of Section 2.36a. | |
| 383 | - | (c) Any person who violates any of the provisions of | |
| 384 | - | Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, | |
| 385 | - | 2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y), | |
| 386 | - | and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19, | |
| 387 | - | 3.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5), | |
| 388 | - | (g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection | |
| 389 | - | (f)), including administrative rules, shall be guilty of a | |
| 390 | - | Class B misdemeanor. | |
| 391 | - | A person who violates Section 2.33b by using any computer | |
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| 177 | + | 1 for the packaged deer meat to be collected and the meat | |
| 178 | + | 2 processor gives all or part of the unclaimed deer meat to | |
| 179 | + | 3 another person, the meat processor shall maintain a record | |
| 180 | + | 4 of the exchange; the meat processor's records shall | |
| 181 | + | 5 include the customer's name, physical address, telephone | |
| 182 | + | 6 number, as well as the quantity and type of deer meat given | |
| 183 | + | 7 to the customer. The meat processor shall also include the | |
| 184 | + | 8 amount of compensation received for the deer meat in his | |
| 185 | + | 9 or her records. | |
| 186 | + | 10 Meat processor records for unclaimed deer meat shall be | |
| 187 | + | 11 open for inspection by any peace officer at any reasonable | |
| 188 | + | 12 hour. Meat processors shall maintain records for a period of 2 | |
| 189 | + | 13 years after the date of receipt of the wild game or for as long | |
| 190 | + | 14 as the specimen or meat remains in the meat processors | |
| 191 | + | 15 possession, whichever is longer; | |
| 192 | + | 16 No meat processor shall have in his or her possession any | |
| 193 | + | 17 deer that is not listed in his or her written records and | |
| 194 | + | 18 properly tagged or labeled; | |
| 195 | + | 19 All licensed meat processors who ship any deer or parts of | |
| 196 | + | 20 deer that have been held, possessed, or otherwise dealt with | |
| 197 | + | 21 shall tag or label the shipment, and the tag or label shall | |
| 198 | + | 22 state the name of the meat processor; | |
| 199 | + | 23 Nothing in this Section removes meat processors from | |
| 200 | + | 24 responsibility for the observance of any State or federal | |
| 201 | + | 25 laws, rules, or regulations that may apply to the meat | |
| 202 | + | 26 processing business; | |
| 392 | 203 | ||
| 393 | 204 | ||
| 394 | - | software or service to remotely control a weapon that takes | |
| 395 | - | wildlife by remote operation is guilty of a Class B | |
| 396 | - | misdemeanor. A person who violates Section 2.33b by | |
| 397 | - | facilitating a violation of Section 2.33b, including an owner | |
| 398 | - | of land in which remote control hunting occurs, a computer | |
| 399 | - | programmer who designs a program or software to facilitate | |
| 400 | - | remote control hunting, or a person who provides weapons or | |
| 401 | - | equipment to facilitate remote control hunting, is guilty of a | |
| 402 | - | Class A misdemeanor. | |
| 403 | - | Any person who violates any of the provisions of Sections | |
| 404 | - | 1.22, 2.2a, 2.3, 2.4, 2.36 and 2.38, including administrative | |
| 405 | - | rules, shall be guilty of a Class A misdemeanor. Any second or | |
| 406 | - | subsequent violations of Sections 2.4 and 2.36 shall be a | |
| 407 | - | Class 4 felony. | |
| 408 | - | Any person who violates any of the provisions of this Act, | |
| 409 | - | including administrative rules, during such period when his | |
| 410 | - | license, privileges, or permit is revoked or denied by virtue | |
| 411 | - | of Section 3.36, shall be guilty of a Class A misdemeanor. | |
| 412 | - | Any person who violates subsection (g), (i), (o), (p), | |
| 413 | - | (y), or (cc) of Section 2.33 shall be guilty of a Class A | |
| 414 | - | misdemeanor and subject to a fine of no less than $500 and no | |
| 415 | - | more than $5,000 in addition to other statutory penalties. In | |
| 416 | - | addition, the Department shall suspend the privileges, under | |
| 417 | - | this Act, of any person found guilty of violating Section | |
| 418 | - | 2.33(cc) for a period of not less than one year. | |
| 419 | - | Any person who operates without a permit in violation | |
| 420 | 205 | ||
| 421 | 206 | ||
| 422 | - | subsection (b) of Section 2.37 is guilty of a Class A | |
| 423 | - | misdemeanor and subject to a fine of not less than $500. Any | |
| 424 | - | other violation of subsection (b) of Section 2.37 including | |
| 425 | - | administrative rules is a Class B misdemeanor. | |
| 426 | - | Any person who violates any other of the provisions of | |
| 427 | - | this Act including administrative rules, unless otherwise | |
| 428 | - | stated, shall be guilty of a petty offense. Offenses committed | |
| 429 | - | by minors under the direct control or with the consent of a | |
| 430 | - | parent or guardian may subject the parent or guardian to the | |
| 431 | - | penalties prescribed in this Section. | |
| 432 | - | In addition to any fines imposed pursuant to the | |
| 433 | - | provisions of this Section or as otherwise provided in this | |
| 434 | - | Act, any person found guilty of unlawfully taking or | |
| 435 | - | possessing any species protected by this Act, shall be | |
| 436 | - | assessed a civil penalty for such species in accordance with | |
| 437 | - | the values prescribed in Section 2.36a of this Act. This civil | |
| 438 | - | penalty shall be imposed by the Circuit Court for the county | |
| 439 | - | within which the offense was committed at the time of the | |
| 440 | - | conviction. Any person found guilty of violating subsection | |
| 441 | - | (b) of Section 2.37 is subject to an additional civil penalty | |
| 442 | - | of up to $1,500. All penalties provided for in this Section | |
| 443 | - | shall be remitted to the Department in accordance with the | |
| 444 | - | same provisions provided for in Section 1.18 of this Act, | |
| 445 | - | except that civil penalties collected for violation of | |
| 446 | - | Subsection (b) of Section 2.37 shall be remitted to the | |
| 447 | - | Department and allocated as follows: . | |
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| 448 | 209 | ||
| 449 | 210 | ||
| 450 | - | (1) 60% to the Conservation Police Operations | |
| 451 | - | Assistance Fund; and | |
| 452 | - | (2) 40% to the Illinois Habitat Fund. | |
| 453 | - | (Source: P.A. 102-538, eff. 8-20-21.) | |
| 454 | - | Section 99. Effective date. This Act takes effect upon | |
| 455 | - | becoming law. | |
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| 213 | + | 1 Fur-bearing mammals, or any parts thereof, may be held, | |
| 214 | + | 2 possessed, sold or otherwise dealt with as provided in | |
| 215 | + | 3 Sections 3.16, 3.24, and 3.26 of this Act or when legally taken | |
| 216 | + | 4 and possessed in Illinois or legally taken and possessed in | |
| 217 | + | 5 and transported from other states or countries; | |
| 218 | + | 6 It is unlawful for any person to act as a nuisance wildlife | |
| 219 | + | 7 control operator for fee or compensation without a permit as | |
| 220 | + | 8 provided in subsection subsection (b) of Section 2.37 of this | |
| 221 | + | 9 Act unless such trapping is in compliance with Section 2.30. | |
| 222 | + | 10 The inedible parts of game mammals may be held, possessed, | |
| 223 | + | 11 sold or otherwise dealt with when legally taken, in Illinois | |
| 224 | + | 12 or legally taken and possessed in and transported from other | |
| 225 | + | 13 states or countries. | |
| 226 | + | 14 Failure to establish proof of the legality of possession | |
| 227 | + | 15 in another state or country and importation into the State of | |
| 228 | + | 16 Illinois, shall be prima facie evidence that such game birds | |
| 229 | + | 17 or any parts thereof, and their eggs, game mammals and | |
| 230 | + | 18 fur-bearing mammals, or any parts thereof, were taken within | |
| 231 | + | 19 the State of Illinois. | |
| 232 | + | 20 (Source: P.A. 97-567, eff. 8-25-11.) | |
| 233 | + | 21 (520 ILCS 5/2.37) (from Ch. 61, par. 2.37) | |
| 234 | + | 22 Sec. 2.37. Authority to kill wildlife responsible for | |
| 235 | + | 23 damage. | |
| 236 | + | 24 (a) Subject to federal regulations and Section 3 of the | |
| 237 | + | 25 Illinois Endangered Species Act, the Department may authorize | |
| 238 | + | ||
| 239 | + | ||
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| 248 | + | 1 owners and tenants of lands or their agents, who are | |
| 249 | + | 2 performing the service without fee or compensation, to remove | |
| 250 | + | 3 or destroy any wild bird or wild mammal when the wild bird or | |
| 251 | + | 4 wild mammal is known to be destroying property or causing a | |
| 252 | + | 5 risk to human health or safety upon his or her land. | |
| 253 | + | 6 Upon receipt by the Department of information from the | |
| 254 | + | 7 owner, tenant, or sharecropper that any one or more species of | |
| 255 | + | 8 wildlife is damaging dams, levees, ditches, cattle pastures, | |
| 256 | + | 9 or other property on the land on which he resides or controls, | |
| 257 | + | 10 together with a statement regarding location of the property | |
| 258 | + | 11 damages, the nature and extent of the damage, and the | |
| 259 | + | 12 particular species of wildlife committing the damage, the | |
| 260 | + | 13 Department shall make an investigation. | |
| 261 | + | 14 If, after investigation, the Department finds that damage | |
| 262 | + | 15 does exist and can be abated only by removing or destroying | |
| 263 | + | 16 that wildlife, a permit shall be issued by the Department to | |
| 264 | + | 17 remove or destroy the species responsible for causing the | |
| 265 | + | 18 damage. | |
| 266 | + | 19 A permit to control the damage shall be for a period of up | |
| 267 | + | 20 to 90 days, shall specify the means and methods by which and | |
| 268 | + | 21 the person or persons by whom the wildlife may be removed or | |
| 269 | + | 22 destroyed, without fee or compensation, and shall set forth | |
| 270 | + | 23 the disposition procedure to be made of all wildlife taken and | |
| 271 | + | 24 other restrictions the Director considers necessary and | |
| 272 | + | 25 appropriate in the circumstances of the particular case. | |
| 273 | + | 26 Whenever possible, the specimens destroyed shall be given to a | |
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| 284 | + | 1 bona-fide public or State scientific, educational, or | |
| 285 | + | 2 zoological institution. | |
| 286 | + | 3 The permittee shall advise the Department in writing, | |
| 287 | + | 4 within 10 days after the expiration date of the permit, of the | |
| 288 | + | 5 number of individual species of wildlife taken, disposition | |
| 289 | + | 6 made of them, and any other information which the Department | |
| 290 | + | 7 may consider necessary. | |
| 291 | + | 8 (b) Subject to federal regulations and Section 3 of the | |
| 292 | + | 9 Illinois Endangered Species Act, the Department may grant the | |
| 293 | + | 10 authority to control species protected by this Code pursuant | |
| 294 | + | 11 to the issuance of a Nuisance Wildlife Control Permit to: | |
| 295 | + | 12 (1) any person who is providing such service for a fee | |
| 296 | + | 13 or compensation; an individual, corporation, association | |
| 297 | + | 14 or | |
| 298 | + | 15 (2) a governmental body; or | |
| 299 | + | 16 (3) a nonprofit or other charitable organization the | |
| 300 | + | 17 authority to control species protected by this Code | |
| 301 | + | 18 pursuant to the issuance of a Nuisance Wildlife Control | |
| 302 | + | 19 Permit. | |
| 303 | + | 20 The Department shall set forth applicable regulations in | |
| 304 | + | 21 an Administrative Order and may require periodic reports | |
| 305 | + | 22 listing species taken, numbers of each species taken, dates | |
| 306 | + | 23 when taken, and other pertinent information. | |
| 307 | + | 24 Any person operating under a Nuisance Wildlife Control | |
| 308 | + | 25 Permit who subcontracts the operation of nuisance wildlife | |
| 309 | + | 26 control to another shall ensure that such subcontractor | |
| 310 | + | ||
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| 320 | + | 1 possesses a valid Nuisance Wildlife Control Permit issued by | |
| 321 | + | 2 the Department. The person must maintain a record of the | |
| 322 | + | 3 subcontractor including the subcontractor's name, address, and | |
| 323 | + | 4 phone number, and type of work to be performed, for a period of | |
| 324 | + | 5 not less than 2 years from the date the subcontractor is no | |
| 325 | + | 6 longer performing services on behalf of the person. The | |
| 326 | + | 7 records shall be presented to an authorized employee of the | |
| 327 | + | 8 Department or law enforcement officer upon request for | |
| 328 | + | 9 inspection. | |
| 329 | + | 10 Any person operating without the required permit as | |
| 330 | + | 11 outlined under this subsection (b) or in violation of this | |
| 331 | + | 12 subsection (b) is deemed to be taking, attempting to take, | |
| 332 | + | 13 disturbing, or harassing wildlife contrary to the provisions | |
| 333 | + | 14 of this Code, including the taking or attempting to take such | |
| 334 | + | 15 species for commercial purposes as outlined in Sections 2.36 | |
| 335 | + | 16 and 2.36a of this Code. Any devices and equipment, including | |
| 336 | + | 17 vehicles, used in violation of this subsection (b) may be | |
| 337 | + | 18 subject to the provisions of Section 1.25 of this Code. | |
| 338 | + | 19 (c) Except when operating under subsection (b) of this | |
| 339 | + | 20 Section, drainage districts Drainage Districts shall have the | |
| 340 | + | 21 authority to control beaver provided that they must notify the | |
| 341 | + | 22 Department in writing that a problem exists and of their | |
| 342 | + | 23 intention to trap the animals at least 7 days before the | |
| 343 | + | 24 trapping begins. The district District must identify traps | |
| 344 | + | 25 used in beaver control outside the dates of the furbearer | |
| 345 | + | 26 trapping season with metal tags with the district's name | |
| 346 | + | ||
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| 356 | + | 1 legibly inscribed upon them. During the fur trapping | |
| 357 | + | 2 furtrapping season, traps must be identified as prescribed by | |
| 358 | + | 3 law. Conibear traps at least size 330 shall be used except | |
| 359 | + | 4 during the statewide furbearer trapping season. During that | |
| 360 | + | 5 time trappers may use any device that is legal according to the | |
| 361 | + | 6 Wildlife Code. Except during the statewide furbearer trapping | |
| 362 | + | 7 season, beaver traps must be set in water at least 10 inches | |
| 363 | + | 8 deep. Except during the statewide furbearer trapping season, | |
| 364 | + | 9 traps must be set within 10 feet of an inhabited bank burrow or | |
| 365 | + | 10 house and within 10 feet of a dam maintained by a beaver. No | |
| 366 | + | 11 beaver or other furbearer taken outside of the dates for the | |
| 367 | + | 12 furbearer trapping season may be sold. All animals must be | |
| 368 | + | 13 given to the nearest conservation officer or other Department | |
| 369 | + | 14 of Natural Resources representative within 48 hours after they | |
| 370 | + | 15 are caught unless otherwise instructed by the Department. | |
| 371 | + | 16 Furbearers taken during the fur trapping season may be sold | |
| 372 | + | 17 provided that they are taken by persons who have valid | |
| 373 | + | 18 trapping licenses in their possession and are lawfully taken. | |
| 374 | + | 19 The district District must submit an annual report showing the | |
| 375 | + | 20 species and numbers of animals caught. The report must | |
| 376 | + | 21 indicate all species which were taken. This authority only | |
| 377 | + | 22 extends to control of beavers. Any other protected species | |
| 378 | + | 23 must be controlled pursuant to subsection (b) or (c). | |
| 379 | + | 24 The location of traps or snares authorized under this | |
| 380 | + | 25 Section, either by the Department or any other governmental | |
| 381 | + | 26 body with the authority to control species protected by this | |
| 382 | + | ||
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| 392 | + | 1 Code, shall be exempt from the provisions of the Freedom of | |
| 393 | + | 2 Information Act. | |
| 394 | + | 3 (Source: P.A. 102-524, eff. 8-20-21.) | |
| 395 | + | 4 (520 ILCS 5/3.5) (from Ch. 61, par. 3.5) | |
| 396 | + | 5 Sec. 3.5. Penalties; probation. | |
| 397 | + | 6 (a) Any person who violates any of the provisions of | |
| 398 | + | 7 Section 2.36a, including administrative rules, shall be guilty | |
| 399 | + | 8 of a Class 3 felony, except as otherwise provided in | |
| 400 | + | 9 subsection (b) of this Section and subsection (a) of Section | |
| 401 | + | 10 2.36a. | |
| 402 | + | 11 (b) Whenever any person who has not previously been | |
| 403 | + | 12 convicted of, or placed on probation or court supervision for, | |
| 404 | + | 13 any offense under Section 1.22, 2.36, or 2.36a operating | |
| 405 | + | 14 without a permit as prescribed in subsection (b) of Section | |
| 406 | + | 15 2.37 or subsection (i) or (cc) of Section 2.33, the court may, | |
| 407 | + | 16 without entering a judgment and with the person's consent, | |
| 408 | + | 17 sentence the person to probation for a violation of Section | |
| 409 | + | 18 2.36a. | |
| 410 | + | 19 (1) When a person is placed on probation, the court | |
| 411 | + | 20 shall enter an order specifying a period of probation of | |
| 412 | + | 21 24 months and shall defer further proceedings in the case | |
| 413 | + | 22 until the conclusion of the period or until the filing of a | |
| 414 | + | 23 petition alleging violation of a term or condition of | |
| 415 | + | 24 probation. | |
| 416 | + | 25 (2) The conditions of probation shall be that the | |
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| 427 | + | 1 person: | |
| 428 | + | 2 (A) Not violate any criminal statute of any | |
| 429 | + | 3 jurisdiction. | |
| 430 | + | 4 (B) Perform no less than 30 hours of community | |
| 431 | + | 5 service, provided community service is available in | |
| 432 | + | 6 the jurisdiction and is funded and approved by the | |
| 433 | + | 7 county board. | |
| 434 | + | 8 (3) The court may, in addition to other conditions: | |
| 435 | + | 9 (A) Require that the person make a report to and | |
| 436 | + | 10 appear in person before or participate with the court | |
| 437 | + | 11 or courts, person, or social service agency as | |
| 438 | + | 12 directed by the court in the order of probation. | |
| 439 | + | 13 (B) Require that the person pay a fine and costs. | |
| 440 | + | 14 (C) Require that the person refrain from | |
| 441 | + | 15 possessing a firearm or other dangerous weapon. | |
| 442 | + | 16 (D) Prohibit the person from associating with any | |
| 443 | + | 17 person who is actively engaged in any of the | |
| 444 | + | 18 activities regulated by the permits issued or | |
| 445 | + | 19 privileges granted by the Department of Natural | |
| 446 | + | 20 Resources. | |
| 447 | + | 21 (4) Upon violation of a term or condition of | |
| 448 | + | 22 probation, the court may enter a judgment on its original | |
| 449 | + | 23 finding of guilt and proceed as otherwise provided. | |
| 450 | + | 24 (5) Upon fulfillment of the terms and conditions of | |
| 451 | + | 25 probation, the court shall discharge the person and | |
| 452 | + | 26 dismiss the proceedings against the person. | |
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| 463 | + | 1 (6) A disposition of probation is considered to be a | |
| 464 | + | 2 conviction for the purposes of imposing the conditions of | |
| 465 | + | 3 probation, for appeal, and for administrative revocation | |
| 466 | + | 4 and suspension of licenses and privileges; however, | |
| 467 | + | 5 discharge and dismissal under this Section is not a | |
| 468 | + | 6 conviction for purposes of disqualification or | |
| 469 | + | 7 disabilities imposed by law upon conviction of a crime. | |
| 470 | + | 8 (7) Discharge and dismissal under this Section may | |
| 471 | + | 9 occur only once with respect to any person. | |
| 472 | + | 10 (8) If a person is convicted of an offense under this | |
| 473 | + | 11 Act within 5 years subsequent to a discharge and dismissal | |
| 474 | + | 12 under this Section, the discharge and dismissal under this | |
| 475 | + | 13 Section shall be admissible in the sentencing proceeding | |
| 476 | + | 14 for that conviction as a factor in aggravation. | |
| 477 | + | 15 (9) The Circuit Clerk shall notify the Illinois State | |
| 478 | + | 16 Police of all persons convicted of or placed under | |
| 479 | + | 17 probation for violations of Section 2.36a. | |
| 480 | + | 18 (c) Any person who violates any of the provisions of | |
| 481 | + | 19 Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, | |
| 482 | + | 20 2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y), | |
| 483 | + | 21 and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19, | |
| 484 | + | 22 3.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5), | |
| 485 | + | 23 (g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection | |
| 486 | + | 24 (f)), including administrative rules, shall be guilty of a | |
| 487 | + | 25 Class B misdemeanor. | |
| 488 | + | 26 A person who violates Section 2.33b by using any computer | |
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| 499 | + | 1 software or service to remotely control a weapon that takes | |
| 500 | + | 2 wildlife by remote operation is guilty of a Class B | |
| 501 | + | 3 misdemeanor. A person who violates Section 2.33b by | |
| 502 | + | 4 facilitating a violation of Section 2.33b, including an owner | |
| 503 | + | 5 of land in which remote control hunting occurs, a computer | |
| 504 | + | 6 programmer who designs a program or software to facilitate | |
| 505 | + | 7 remote control hunting, or a person who provides weapons or | |
| 506 | + | 8 equipment to facilitate remote control hunting, is guilty of a | |
| 507 | + | 9 Class A misdemeanor. | |
| 508 | + | 10 Any person who violates any of the provisions of Sections | |
| 509 | + | 11 1.22, 2.2a, 2.3, 2.4, 2.36 and 2.38, including administrative | |
| 510 | + | 12 rules, shall be guilty of a Class A misdemeanor. Any second or | |
| 511 | + | 13 subsequent violations of Sections 2.4 and 2.36 shall be a | |
| 512 | + | 14 Class 4 felony. | |
| 513 | + | 15 Any person who violates any of the provisions of this Act, | |
| 514 | + | 16 including administrative rules, during such period when his | |
| 515 | + | 17 license, privileges, or permit is revoked or denied by virtue | |
| 516 | + | 18 of Section 3.36, shall be guilty of a Class A misdemeanor. | |
| 517 | + | 19 Any person who violates subsection (g), (i), (o), (p), | |
| 518 | + | 20 (y), or (cc) of Section 2.33 shall be guilty of a Class A | |
| 519 | + | 21 misdemeanor and subject to a fine of no less than $500 and no | |
| 520 | + | 22 more than $5,000 in addition to other statutory penalties. In | |
| 521 | + | 23 addition, the Department shall suspend the privileges, under | |
| 522 | + | 24 this Act, of any person found guilty of violating Section | |
| 523 | + | 25 2.33(cc) for a period of not less than one year. | |
| 524 | + | 26 Any person who operates without a permit in violation | |
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| 535 | + | 1 subsection (b) of Section 2.37 is guilty of a Class A | |
| 536 | + | 2 misdemeanor and subject to a fine of not less than $500. Any | |
| 537 | + | 3 other violation of subsection (b) of Section 2.37 including | |
| 538 | + | 4 administrative rules is a Class B misdemeanor. | |
| 539 | + | 5 Any person who violates any other of the provisions of | |
| 540 | + | 6 this Act including administrative rules, unless otherwise | |
| 541 | + | 7 stated, shall be guilty of a petty offense. Offenses committed | |
| 542 | + | 8 by minors under the direct control or with the consent of a | |
| 543 | + | 9 parent or guardian may subject the parent or guardian to the | |
| 544 | + | 10 penalties prescribed in this Section. | |
| 545 | + | 11 In addition to any fines imposed pursuant to the | |
| 546 | + | 12 provisions of this Section or as otherwise provided in this | |
| 547 | + | 13 Act, any person found guilty of unlawfully taking or | |
| 548 | + | 14 possessing any species protected by this Act, shall be | |
| 549 | + | 15 assessed a civil penalty for such species in accordance with | |
| 550 | + | 16 the values prescribed in Section 2.36a of this Act. This civil | |
| 551 | + | 17 penalty shall be imposed by the Circuit Court for the county | |
| 552 | + | 18 within which the offense was committed at the time of the | |
| 553 | + | 19 conviction. Any person found guilty of violating subsection | |
| 554 | + | 20 (b) of Section 2.37 is subject to an additional civil penalty | |
| 555 | + | 21 of up to $1,500. All penalties provided for in this Section | |
| 556 | + | 22 shall be remitted to the Department in accordance with the | |
| 557 | + | 23 same provisions provided for in Section 1.18 of this Act, | |
| 558 | + | 24 except that civil penalties collected for violation of | |
| 559 | + | 25 Subsection (b) of Section 2.37 shall be remitted to the | |
| 560 | + | 26 Department and allocated as follows: . | |
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| 571 | + | 1 (1) 60% to the Conservation Police Operations | |
| 572 | + | 2 Assistance Fund; and | |
| 573 | + | 3 (2) 40% to the Illinois Habitat Fund. | |
| 574 | + | 4 (Source: P.A. 102-538, eff. 8-20-21.) | |
| 575 | + | 5 Section 99. Effective date. This Act takes effect upon | |
| 576 | + | 6 becoming law. | |
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