Public Act 103-0037
HB2461 EnrolledLRB103 25474 RLC 51823 b HB2461 Enrolled LRB103 25474 RLC 51823 b
HB2461 Enrolled LRB103 25474 RLC 51823 b
AN ACT concerning wildlife.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Wildlife Code is amended by changing
Sections 2.33a, 2.36, 2.37, and 3.5 as follows:
(520 ILCS 5/2.33a) (from Ch. 61, par. 2.33a)
Sec. 2.33a. Trapping.
(a) It is unlawful to fail to visit and remove all animals
from traps staked out, set, used, tended, placed or maintained
at least once each calendar day.
(b) It is unlawful for any person to place, set, use, or
maintain a leghold trap or one of similar construction on
land, that has a jaw spread of larger than 6 1/2 inches (16.6
CM), or a body-gripping trap or one of similar construction
having a jaw spread larger than 7 inches (17.8 CM) on a side if
square and 8 inches (20.4 CM) if round.
(c) It is unlawful for any person to place, set, use, or
maintain a leghold trap or one of similar construction in
water, that has a jaw spread of larger than 7 1/2 inches (19.1
CM), or a body-gripping trap or one of similar construction
having a jaw spread larger than 10 inches (25.4 CM) on a side
if square and 12 inches (30.5 CM) if round.
(d) It is unlawful to use any trap with saw-toothed,
HB2461 Enrolled LRB103 25474 RLC 51823 b
spiked, or toothed jaws.
(e) It is unlawful to destroy, disturb or in any manner
interfere with dams, lodges, burrows or feed beds of beaver
while trapping for beaver or to set a trap inside a muskrat
house or beaver lodge, except that this shall not apply to
individuals who Drainage Districts that are acting pursuant to
the provisions of Section 2.37 or as provided for by
administrative rule.
(f) It is unlawful to trap beaver or river otter with: (1)
a leghold trap or one of similar construction having a jaw
spread of less than 5 1/2 inches (13.9 CM) or more than 7 1/2
inches (19.1 CM), or (2) a body-gripping trap or one of similar
construction having a jaw spread of less than 7 inches (17.7
CM) or more than 10 inches (25.4 CM) on a side if square and 12
inches (30.5 CM) if round, except that these restrictions
shall not apply during the open season for trapping raccoons.
(g) It is unlawful to set traps closer than 10 feet (3.05
M) from any hole or den which may be occupied by a game mammal
or fur-bearing mammal except that this restriction shall not
apply to water sets.
(h) It is unlawful to trap or attempt to trap any
fur-bearing mammal with any colony, cage, box, or stove-pipe
trap designed to take more than one mammal at a single setting.
(i) It is unlawful for any person to set or place any trap
designed to take any fur-bearing mammal protected by this Act
during the closed trapping season. Proof that any trap was
placed during the closed trapping season shall be deemed prima
facie evidence of a violation of this provision.
(j) It is unlawful to place, set, or maintain any leghold
trap or one of similar construction within thirty (30) feet
(9.14 m) of bait placed in such a manner or position that it is
not completely covered and concealed from sight, except that
this shall not apply to underwater sets. Bait shall mean and
include any bait composed of mammal, bird, or fish flesh, fur,
hide, entrails or feathers.
(k) (Blank).
(l) It is unlawful for any person to place, set, use or
maintain a snare trap or one of similar construction in water,
that has a loop diameter exceeding 15 inches (38.1 CM) or a
cable or wire diameter of more than 1/8 inch (3.2 MM) or less
than 5/64 inch (2.0 MM), that is constructed of stainless
steel metal cable or wire, and that does not have a mechanical
lock, anchor swivel and stop device to prevent the mechanical
lock from closing the noose loop to a diameter of less than 2
1/2 inches (6.4 CM).
(m) It is unlawful to trap muskrat or mink with (1) a
leghold trap or one of similar construction or (2) a
body-gripping trap or one of similar construction unless the
body-gripping trap or similar trap is completely submerged
underwater when set. These restrictions shall not apply during
the open season for trapping raccoons.
(Source: P.A. 99-33, eff. 1-1-16; 100-201, eff. 8-18-17.)
(520 ILCS 5/2.36) (from Ch. 61, par. 2.36)
Sec. 2.36. It shall be unlawful to buy, sell or barter, or
offer to buy, sell or barter, and for a commercial
institution, other than a regularly operated refrigerated
storage establishment, to have in its possession any of the
wild birds, or any part thereof (and their eggs), or wild
mammals or any parts thereof, protected by this Act unless
done as hereinafter provided:
Game birds or any parts thereof (and their eggs), may be
held, possessed, raised and sold, or otherwise dealt with, as
provided in Section 3.23 of this Act or when legally produced
under similar special permit in another state or country and
legally transported into the State of Illinois; provided that
such imported game birds or any parts thereof, shall be marked
with permanent irremovable tags, or similar devices, to
establish and retain their origin and identity;
Rabbits may be legally taken and possessed as provided in
Sections 3.23, 3.24, and 3.26 of this Act;
Deer, or any parts thereof, may be held, possessed, sold
or otherwise dealt with as provided in this Section and
Sections 3.23 and 3.24 of this Act;
If a properly tagged deer is processed at a licensed meat
processing facility, the meat processor at the facility is an
active member of the Illinois Sportsmen Against Hunger
program, and the owner of the deer (i) fails to claim the
processed deer within a reasonable time or (ii) notifies the
licensed meat processing facility that the owner no longer
wants the processed deer, then the deer meat may be given away
by the licensed meat processor to another person or donated to
any other charitable organization or community food bank that
receives wild game meat. The licensed meat processing facility
may charge the person receiving the deer meat a reasonable and
customary processing fee;
Meat processors who are active members of the Illinois
Sportsmen Against Hunger program shall keep written records of
all deer received. Records shall include the following
information:
(1) the date the deer was received;
(2) the name, address, and telephone number of the
person from whom the deer was received;
(3) whether the deer was received as a whole carcass
or as deboned meat; if the deer was brought to the meat
processor as deboned meat, the processor shall include the
weight of the meat;
(4) the number and state of issuance of the permit of
the person from whom the deer was received; in the absence
of a permit number, the meat processor may rely on the
written certification of the person from whom the deer was
received that the deer was legally taken or obtained; and
(5) if the person who originally delivered the deer to
the meat processor fails to collect or make arrangements
for the packaged deer meat to be collected and the meat
processor gives all or part of the unclaimed deer meat to
another person, the meat processor shall maintain a record
of the exchange; the meat processor's records shall
include the customer's name, physical address, telephone
number, as well as the quantity and type of deer meat given
to the customer. The meat processor shall also include the
amount of compensation received for the deer meat in his
or her records.
Meat processor records for unclaimed deer meat shall be
open for inspection by any peace officer at any reasonable
hour. Meat processors shall maintain records for a period of 2
years after the date of receipt of the wild game or for as long
as the specimen or meat remains in the meat processors
possession, whichever is longer;
No meat processor shall have in his or her possession any
deer that is not listed in his or her written records and
properly tagged or labeled;
All licensed meat processors who ship any deer or parts of
deer that have been held, possessed, or otherwise dealt with
shall tag or label the shipment, and the tag or label shall
state the name of the meat processor;
Nothing in this Section removes meat processors from
responsibility for the observance of any State or federal
laws, rules, or regulations that may apply to the meat
processing business;
Fur-bearing mammals, or any parts thereof, may be held,
possessed, sold or otherwise dealt with as provided in
Sections 3.16, 3.24, and 3.26 of this Act or when legally taken
and possessed in Illinois or legally taken and possessed in
and transported from other states or countries;
It is unlawful for any person to act as a nuisance wildlife
control operator for fee or compensation without a permit as
provided in subsection subsection (b) of Section 2.37 of this
Act unless such trapping is in compliance with Section 2.30.
The inedible parts of game mammals may be held, possessed,
sold or otherwise dealt with when legally taken, in Illinois
or legally taken and possessed in and transported from other
states or countries.
Failure to establish proof of the legality of possession
in another state or country and importation into the State of
Illinois, shall be prima facie evidence that such game birds
or any parts thereof, and their eggs, game mammals and
fur-bearing mammals, or any parts thereof, were taken within
the State of Illinois.
(Source: P.A. 97-567, eff. 8-25-11.)
(520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
Sec. 2.37. Authority to kill wildlife responsible for
damage.
(a) Subject to federal regulations and Section 3 of the
Illinois Endangered Species Act, the Department may authorize
owners and tenants of lands or their agents, who are
performing the service without fee or compensation, to remove
or destroy any wild bird or wild mammal when the wild bird or
wild mammal is known to be destroying property or causing a
risk to human health or safety upon his or her land.
Upon receipt by the Department of information from the
owner, tenant, or sharecropper that any one or more species of
wildlife is damaging dams, levees, ditches, cattle pastures,
or other property on the land on which he resides or controls,
together with a statement regarding location of the property
damages, the nature and extent of the damage, and the
particular species of wildlife committing the damage, the
Department shall make an investigation.
If, after investigation, the Department finds that damage
does exist and can be abated only by removing or destroying
that wildlife, a permit shall be issued by the Department to
remove or destroy the species responsible for causing the
damage.
A permit to control the damage shall be for a period of up
to 90 days, shall specify the means and methods by which and
the person or persons by whom the wildlife may be removed or
destroyed, without fee or compensation, and shall set forth
the disposition procedure to be made of all wildlife taken and
other restrictions the Director considers necessary and
appropriate in the circumstances of the particular case.
Whenever possible, the specimens destroyed shall be given to a
bona-fide public or State scientific, educational, or
zoological institution.
The permittee shall advise the Department in writing,
within 10 days after the expiration date of the permit, of the
number of individual species of wildlife taken, disposition
made of them, and any other information which the Department
may consider necessary.
(b) Subject to federal regulations and Section 3 of the
Illinois Endangered Species Act, the Department may grant the
authority to control species protected by this Code pursuant
to the issuance of a Nuisance Wildlife Control Permit to:
(1) any person who is providing such service for a fee
or compensation; an individual, corporation, association
or
(2) a governmental body; or
(3) a nonprofit or other charitable organization the
authority to control species protected by this Code
pursuant to the issuance of a Nuisance Wildlife Control
Permit.
The Department shall set forth applicable regulations in
an Administrative Order and may require periodic reports
listing species taken, numbers of each species taken, dates
when taken, and other pertinent information.
Any person operating under a Nuisance Wildlife Control
Permit who subcontracts the operation of nuisance wildlife
control to another shall ensure that such subcontractor
possesses a valid Nuisance Wildlife Control Permit issued by
the Department. The person must maintain a record of the
subcontractor including the subcontractor's name, address, and
phone number, and type of work to be performed, for a period of
not less than 2 years from the date the subcontractor is no
longer performing services on behalf of the person. The
records shall be presented to an authorized employee of the
Department or law enforcement officer upon request for
inspection.
Any person operating without the required permit as
outlined under this subsection (b) or in violation of this
subsection (b) is deemed to be taking, attempting to take,
disturbing, or harassing wildlife contrary to the provisions
of this Code, including the taking or attempting to take such
species for commercial purposes as outlined in Sections 2.36
and 2.36a of this Code. Any devices and equipment, including
vehicles, used in violation of this subsection (b) may be
subject to the provisions of Section 1.25 of this Code.
(c) Except when operating under subsection (b) of this
Section, drainage districts Drainage Districts shall have the
authority to control beaver provided that they must notify the
Department in writing that a problem exists and of their
intention to trap the animals at least 7 days before the
trapping begins. The district District must identify traps
used in beaver control outside the dates of the furbearer
trapping season with metal tags with the district's name
legibly inscribed upon them. During the fur trapping
furtrapping season, traps must be identified as prescribed by
law. Conibear traps at least size 330 shall be used except
during the statewide furbearer trapping season. During that
time trappers may use any device that is legal according to the
Wildlife Code. Except during the statewide furbearer trapping
season, beaver traps must be set in water at least 10 inches
deep. Except during the statewide furbearer trapping season,
traps must be set within 10 feet of an inhabited bank burrow or
house and within 10 feet of a dam maintained by a beaver. No
beaver or other furbearer taken outside of the dates for the
furbearer trapping season may be sold. All animals must be
given to the nearest conservation officer or other Department
of Natural Resources representative within 48 hours after they
are caught unless otherwise instructed by the Department.
Furbearers taken during the fur trapping season may be sold
provided that they are taken by persons who have valid
trapping licenses in their possession and are lawfully taken.
The district District must submit an annual report showing the
species and numbers of animals caught. The report must
indicate all species which were taken. This authority only
extends to control of beavers. Any other protected species
must be controlled pursuant to subsection (b) or (c).
The location of traps or snares authorized under this
Section, either by the Department or any other governmental
body with the authority to control species protected by this
Code, shall be exempt from the provisions of the Freedom of
Information Act.
(Source: P.A. 102-524, eff. 8-20-21.)
(520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
Sec. 3.5. Penalties; probation.
(a) Any person who violates any of the provisions of
Section 2.36a, including administrative rules, shall be guilty
of a Class 3 felony, except as otherwise provided in
subsection (b) of this Section and subsection (a) of Section
2.36a.
(b) Whenever any person who has not previously been
convicted of, or placed on probation or court supervision for,
any offense under Section 1.22, 2.36, or 2.36a operating
without a permit as prescribed in subsection (b) of Section
2.37 or subsection (i) or (cc) of Section 2.33, the court may,
without entering a judgment and with the person's consent,
sentence the person to probation for a violation of Section
2.36a.
(1) When a person is placed on probation, the court
shall enter an order specifying a period of probation of
24 months and shall defer further proceedings in the case
until the conclusion of the period or until the filing of a
petition alleging violation of a term or condition of
probation.
(2) The conditions of probation shall be that the
person:
(A) Not violate any criminal statute of any
jurisdiction.
(B) Perform no less than 30 hours of community
service, provided community service is available in
the jurisdiction and is funded and approved by the
county board.
(3) The court may, in addition to other conditions:
(A) Require that the person make a report to and
appear in person before or participate with the court
or courts, person, or social service agency as
directed by the court in the order of probation.
(B) Require that the person pay a fine and costs.
(C) Require that the person refrain from
possessing a firearm or other dangerous weapon.
(D) Prohibit the person from associating with any
person who is actively engaged in any of the
activities regulated by the permits issued or
privileges granted by the Department of Natural
Resources.
(4) Upon violation of a term or condition of
probation, the court may enter a judgment on its original
finding of guilt and proceed as otherwise provided.
(5) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and
dismiss the proceedings against the person.
(6) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation, for appeal, and for administrative revocation
and suspension of licenses and privileges; however,
discharge and dismissal under this Section is not a
conviction for purposes of disqualification or
disabilities imposed by law upon conviction of a crime.
(7) Discharge and dismissal under this Section may
occur only once with respect to any person.
(8) If a person is convicted of an offense under this
Act within 5 years subsequent to a discharge and dismissal
under this Section, the discharge and dismissal under this
Section shall be admissible in the sentencing proceeding
for that conviction as a factor in aggravation.
(9) The Circuit Clerk shall notify the Illinois State
Police of all persons convicted of or placed under
probation for violations of Section 2.36a.
(c) Any person who violates any of the provisions of
Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,
2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),
and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19,
3.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5),
(g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection
(f)), including administrative rules, shall be guilty of a
Class B misdemeanor.
A person who violates Section 2.33b by using any computer
software or service to remotely control a weapon that takes
wildlife by remote operation is guilty of a Class B
misdemeanor. A person who violates Section 2.33b by
facilitating a violation of Section 2.33b, including an owner
of land in which remote control hunting occurs, a computer
programmer who designs a program or software to facilitate
remote control hunting, or a person who provides weapons or
equipment to facilitate remote control hunting, is guilty of a
Class A misdemeanor.
Any person who violates any of the provisions of Sections
1.22, 2.2a, 2.3, 2.4, 2.36 and 2.38, including administrative
rules, shall be guilty of a Class A misdemeanor. Any second or
subsequent violations of Sections 2.4 and 2.36 shall be a
Class 4 felony.
Any person who violates any of the provisions of this Act,
including administrative rules, during such period when his
license, privileges, or permit is revoked or denied by virtue
of Section 3.36, shall be guilty of a Class A misdemeanor.
Any person who violates subsection (g), (i), (o), (p),
(y), or (cc) of Section 2.33 shall be guilty of a Class A
misdemeanor and subject to a fine of no less than $500 and no
more than $5,000 in addition to other statutory penalties. In
addition, the Department shall suspend the privileges, under
this Act, of any person found guilty of violating Section
2.33(cc) for a period of not less than one year.
Any person who operates without a permit in violation
subsection (b) of Section 2.37 is guilty of a Class A
misdemeanor and subject to a fine of not less than $500. Any
other violation of subsection (b) of Section 2.37 including
administrative rules is a Class B misdemeanor.
Any person who violates any other of the provisions of
this Act including administrative rules, unless otherwise
stated, shall be guilty of a petty offense. Offenses committed
by minors under the direct control or with the consent of a
parent or guardian may subject the parent or guardian to the
penalties prescribed in this Section.
In addition to any fines imposed pursuant to the
provisions of this Section or as otherwise provided in this
Act, any person found guilty of unlawfully taking or
possessing any species protected by this Act, shall be
assessed a civil penalty for such species in accordance with
the values prescribed in Section 2.36a of this Act. This civil
penalty shall be imposed by the Circuit Court for the county
within which the offense was committed at the time of the
conviction. Any person found guilty of violating subsection
(b) of Section 2.37 is subject to an additional civil penalty
of up to $1,500. All penalties provided for in this Section
shall be remitted to the Department in accordance with the
same provisions provided for in Section 1.18 of this Act,
except that civil penalties collected for violation of
Subsection (b) of Section 2.37 shall be remitted to the
Department and allocated as follows: .
(1) 60% to the Conservation Police Operations
Assistance Fund; and
(2) 40% to the Illinois Habitat Fund.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 99. Effective date. This Act takes effect upon
becoming law.