Illinois 2023-2024 Regular Session

Illinois House Bill HB3113 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3113 Introduced , by Rep. Diane Blair-Sherlock SYNOPSIS AS INTRODUCED: 520 ILCS 5/1.2g from Ch. 61, par. 1.2g 520 ILCS 5/2.30 from Ch. 61, par. 2.30 520 ILCS 5/2.30b520 ILCS 5/2.33 520 ILCS 5/2.30c rep. Amends the Wildlife Code. Repeals provisions allowing the taking of bobcats by hunting or trapping in this State. Makes conforming changes. LRB103 25864 RLC 52215 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3113 Introduced , by Rep. Diane Blair-Sherlock SYNOPSIS AS INTRODUCED: 520 ILCS 5/1.2g from Ch. 61, par. 1.2g 520 ILCS 5/2.30 from Ch. 61, par. 2.30 520 ILCS 5/2.30b520 ILCS 5/2.33 520 ILCS 5/2.30c rep. 520 ILCS 5/1.2g from Ch. 61, par. 1.2g 520 ILCS 5/2.30 from Ch. 61, par. 2.30 520 ILCS 5/2.30b 520 ILCS 5/2.33 520 ILCS 5/2.30c rep. Amends the Wildlife Code. Repeals provisions allowing the taking of bobcats by hunting or trapping in this State. Makes conforming changes. LRB103 25864 RLC 52215 b LRB103 25864 RLC 52215 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3113 Introduced , by Rep. Diane Blair-Sherlock SYNOPSIS AS INTRODUCED:
3	3	520 ILCS 5/1.2g from Ch. 61, par. 1.2g 520 ILCS 5/2.30 from Ch. 61, par. 2.30 520 ILCS 5/2.30b520 ILCS 5/2.33 520 ILCS 5/2.30c rep. 520 ILCS 5/1.2g from Ch. 61, par. 1.2g 520 ILCS 5/2.30 from Ch. 61, par. 2.30 520 ILCS 5/2.30b 520 ILCS 5/2.33 520 ILCS 5/2.30c rep.
4	4	520 ILCS 5/1.2g from Ch. 61, par. 1.2g
5	5	520 ILCS 5/2.30 from Ch. 61, par. 2.30
6	6	520 ILCS 5/2.30b
7	7	520 ILCS 5/2.33
8	8	520 ILCS 5/2.30c rep.
9	9	Amends the Wildlife Code. Repeals provisions allowing the taking of bobcats by hunting or trapping in this State. Makes conforming changes.
10	10	LRB103 25864 RLC 52215 b LRB103 25864 RLC 52215 b
11	11	LRB103 25864 RLC 52215 b
12	12	A BILL FOR
13	13	HB3113LRB103 25864 RLC 52215 b HB3113 LRB103 25864 RLC 52215 b
14	14	HB3113 LRB103 25864 RLC 52215 b
15	15	1 AN ACT concerning wildlife.
16	16	2 Be it enacted by the People of the State of Illinois,
17	17	3 represented in the General Assembly:
18	18	4 Section 5. The Wildlife Code is amended by changing
19	19	5 Sections 1.2g, 2.30, 2.30b, and 2.33 as follows:
20	20	6 (520 ILCS 5/1.2g) (from Ch. 61, par. 1.2g)
21	21	7 Sec. 1.2g. "Fur-bearing mammals" means the following
22	22	8 specific species, mink, muskrat, raccoon, striped skunk,
23	23	9 weasel, bobcat, opossum, beaver, river otter, badger, red fox,
24	24	10 gray fox, and coyote.
25	25	11 (Source: P.A. 81-382.)
26	26	12 (520 ILCS 5/2.30) (from Ch. 61, par. 2.30)
27	27	13 Sec. 2.30. Except as provided in this Section, it shall be
28	28	14 unlawful for any person to trap or to hunt with gun, dog, dog
29	29	15 and gun, or bow and arrow, gray fox, red fox, raccoon, weasel,
30	30	16 mink, muskrat, badger, bobcat, and opossum except during the
31	31	17 open season which will be set annually by the Director between
32	32	18 12:01 a.m., November 1 to 12:00 midnight, February 15, both
33	33	19 inclusive.
34	34	20 It shall be unlawful for any person to hunt or trap bobcat
35	35	21 in this State on and after the effective date of this
36	36	22 amendatory Act of the 100th General Assembly in the counties
37	37
38	38
39	39
40	40	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3113 Introduced , by Rep. Diane Blair-Sherlock SYNOPSIS AS INTRODUCED:
41	41	520 ILCS 5/1.2g from Ch. 61, par. 1.2g 520 ILCS 5/2.30 from Ch. 61, par. 2.30 520 ILCS 5/2.30b520 ILCS 5/2.33 520 ILCS 5/2.30c rep. 520 ILCS 5/1.2g from Ch. 61, par. 1.2g 520 ILCS 5/2.30 from Ch. 61, par. 2.30 520 ILCS 5/2.30b 520 ILCS 5/2.33 520 ILCS 5/2.30c rep.
42	42	520 ILCS 5/1.2g from Ch. 61, par. 1.2g
43	43	520 ILCS 5/2.30 from Ch. 61, par. 2.30
44	44	520 ILCS 5/2.30b
45	45	520 ILCS 5/2.33
46	46	520 ILCS 5/2.30c rep.
47	47	Amends the Wildlife Code. Repeals provisions allowing the taking of bobcats by hunting or trapping in this State. Makes conforming changes.
48	48	LRB103 25864 RLC 52215 b LRB103 25864 RLC 52215 b
49	49	LRB103 25864 RLC 52215 b
50	50	A BILL FOR
51	51
52	52
53	53
54	54
55	55
56	56	520 ILCS 5/1.2g from Ch. 61, par. 1.2g
57	57	520 ILCS 5/2.30 from Ch. 61, par. 2.30
58	58	520 ILCS 5/2.30b
59	59	520 ILCS 5/2.33
60	60	520 ILCS 5/2.30c rep.
61	61
62	62
63	63
64	64	LRB103 25864 RLC 52215 b
65	65
66	66
67	67
68	68
69	69
70	70
71	71
72	72
73	73
74	74	HB3113 LRB103 25864 RLC 52215 b
75	75
76	76
77	77	HB3113- 2 -LRB103 25864 RLC 52215 b HB3113 - 2 - LRB103 25864 RLC 52215 b
78	78	HB3113 - 2 - LRB103 25864 RLC 52215 b
79	79	1 of Boone, Bureau, Champaign, Cook, DeKalb, DeWitt, DuPage,
80	80	2 Ford, Grundy, Henry, Iroquois, Kane, Kankakee, Kendall, Knox,
81	81	3 Lake, LaSalle, Lee, Livingston, Logan, Marshall, McHenry,
82	82	4 McLean, Ogle, Peoria, Piatt, Putnam, Stark, Stephenson,
83	83	5 Vermilion, Will, Winnebago, and Woodford and north of U.S.
84	84	6 Route 36 in Edgar and Douglas and north of U.S. Route 36 to the
85	85	7 junction with Illinois Route 121 and north or east of Illinois
86	86	8 Route 121 in Macon. For the season beginning in 2017, a total
87	87	9 number of 350 bobcats may be hunted or trapped lawfully, or the
88	88	10 conclusion of the season occurs, whichever is earlier. For the
89	89	11 season beginning in 2018, a total number of 375 bobcats may be
90	90	12 hunted or trapped lawfully, or the conclusion of the season
91	91	13 occurs, whichever is earlier. The changes added to this
92	92	14 Section by this amendatory Act of the 100th General Assembly,
93	93	15 except for this sentence, are inoperative on and after June
94	94	16 30, 2019.
95	95	17 It is unlawful to pursue any fur-bearing mammal with a dog
96	96	18 or dogs between the hours of sunset and sunrise during the 10
97	97	19 day period preceding the opening date of the raccoon hunting
98	98	20 season and the 10 day period following the closing date of the
99	99	21 raccoon hunting season except that the Department may issue
100	100	22 field trial permits in accordance with Section 2.34 of this
101	101	23 Act. A non-resident from a state with more restrictive
102	102	24 fur-bearer pursuit regulations for any particular species than
103	103	25 provided for that species in this Act may not pursue that
104	104	26 species in Illinois except during the period of time that
105	105
106	106
107	107
108	108
109	109
110	110	HB3113 - 2 - LRB103 25864 RLC 52215 b
111	111
112	112
113	113	HB3113- 3 -LRB103 25864 RLC 52215 b HB3113 - 3 - LRB103 25864 RLC 52215 b
114	114	HB3113 - 3 - LRB103 25864 RLC 52215 b
115	115	1 Illinois residents are allowed to pursue that species in the
116	116	2 non-resident's state of residence. Hound running areas
117	117	3 approved by the Department shall be exempt from the provisions
118	118	4 of this Section.
119	119	5 It shall be unlawful to take beaver, river otter, weasel,
120	120	6 mink, or muskrat except during the open season set annually by
121	121	7 the Director, and then, only with traps, except that a
122	122	8 firearm, pistol, or air rifle of a caliber not larger than a
123	123	9 .22 long rifle may be used to remove the animal from the trap.
124	124	10 It shall be unlawful for any person to trap beaver or river
125	125	11 otter with traps except during the open season which will be
126	126	12 set annually by the Director between 12:01 a.m., November 1st
127	127	13 and 12:00 midnight, March 31, both inclusive.
128	128	14 Coyote may be taken by trapping methods only during the
129	129	15 period from September 1 to March 1, both inclusive, and by
130	130	16 hunting methods at any time.
131	131	17 Striped skunk may be taken by trapping methods only during
132	132	18 the period from September 1 to March 1, both inclusive, and by
133	133	19 hunting methods at any time.
134	134	20 Muskrat may be taken by trapping methods during an open
135	135	21 season set annually by the Director.
136	136	22 For the purpose of taking fur-bearing mammals, the State
137	137	23 may be divided into management zones by administrative rule.
138	138	24 It shall be unlawful to take or possess more than the
139	139	25 season limit or possession limit of fur-bearing mammals that
140	140	26 shall be set annually by the Director. The season limit for
141	141
142	142
143	143
144	144
145	145
146	146	HB3113 - 3 - LRB103 25864 RLC 52215 b
147	147
148	148
149	149	HB3113- 4 -LRB103 25864 RLC 52215 b HB3113 - 4 - LRB103 25864 RLC 52215 b
150	150	HB3113 - 4 - LRB103 25864 RLC 52215 b
151	151	1 bobcat shall not exceed one bobcat per permit. Possession
152	152	2 limits shall not apply to fur buyers, tanners, manufacturers,
153	153	3 and taxidermists, as defined by this Act, who possess
154	154	4 fur-bearing mammals in accordance with laws governing such
155	155	5 activities.
156	156	6 Nothing in this Section shall prohibit the taking or
157	157	7 possessing of fur-bearing mammals found dead or
158	158	8 unintentionally killed by a vehicle along a roadway during the
159	159	9 open season provided the person who possesses such fur-bearing
160	160	10 mammals has all appropriate licenses, stamps, or permits; the
161	161	11 season for which the species possessed is open; and that such
162	162	12 possession and disposal of such fur-bearing mammals is
163	163	13 otherwise subject to the provisions of this Section.
164	164	14 The provisions of this Section are subject to modification
165	165	15 by administrative rule.
166	166	16 (Source: P.A. 102-837, eff. 5-13-22.)
167	167	17 (520 ILCS 5/2.30b)
168	168	18 Sec. 2.30b. River otter and bobcat pelts. The pelts of
169	169	19 river otters and bobcats shall be tagged in accordance with
170	170	20 federal regulation 50 CFR 23.69(e). The Department may require
171	171	21 harvest registration and set forth procedures, fees for
172	172	22 registration, and the process of tagging pelts in
173	173	23 administrative rules. Fees for registration and tagging shall
174	174	24 not exceed $5 per pelt.
175	175	25 (Source: P.A. 99-33, eff. 1-1-16.)
176	176
177	177
178	178
179	179
180	180
181	181	HB3113 - 4 - LRB103 25864 RLC 52215 b
182	182
183	183
184	184	HB3113- 5 -LRB103 25864 RLC 52215 b HB3113 - 5 - LRB103 25864 RLC 52215 b
185	185	HB3113 - 5 - LRB103 25864 RLC 52215 b
186	186	1 (520 ILCS 5/2.33)
187	187	2 Sec. 2.33. Prohibitions.
188	188	3 (a) It is unlawful to carry or possess any gun in any State
189	189	4 refuge unless otherwise permitted by administrative rule.
190	190	5 (b) It is unlawful to use or possess any snare or
191	191	6 snare-like device, deadfall, net, or pit trap to take any
192	192	7 species, except that snares not powered by springs or other
193	193	8 mechanical devices may be used to trap fur-bearing mammals, in
194	194	9 water sets only, if at least one-half of the snare noose is
195	195	10 located underwater at all times.
196	196	11 (c) It is unlawful for any person at any time to take a
197	197	12 wild mammal protected by this Act from its den by means of any
198	198	13 mechanical device, spade, or digging device or to use smoke or
199	199	14 other gases to dislodge or remove such mammal except as
200	200	15 provided in Section 2.37.
201	201	16 (d) It is unlawful to use a ferret or any other small
202	202	17 mammal which is used in the same or similar manner for which
203	203	18 ferrets are used for the purpose of frightening or driving any
204	204	19 mammals from their dens or hiding places.
205	205	20 (e) (Blank).
206	206	21 (f) It is unlawful to use spears, gigs, hooks, or any like
207	207	22 device to take any species protected by this Act.
208	208	23 (g) It is unlawful to use poisons, chemicals, or
209	209	24 explosives for the purpose of taking any species protected by
210	210	25 this Act.
211	211
212	212
213	213
214	214
215	215
216	216	HB3113 - 5 - LRB103 25864 RLC 52215 b
217	217
218	218
219	219	HB3113- 6 -LRB103 25864 RLC 52215 b HB3113 - 6 - LRB103 25864 RLC 52215 b
220	220	HB3113 - 6 - LRB103 25864 RLC 52215 b
221	221	1 (h) It is unlawful to hunt adjacent to or near any peat,
222	222	2 grass, brush, or other inflammable substance when it is
223	223	3 burning.
224	224	4 (i) It is unlawful to take, pursue or intentionally harass
225	225	5 or disturb in any manner any wild birds or mammals by use or
226	226	6 aid of any vehicle, conveyance, or unmanned aircraft as
227	227	7 defined by the Illinois Aeronautics Act, except as permitted
228	228	8 by the Code of Federal Regulations for the taking of
229	229	9 waterfowl; except that nothing in this subsection shall
230	230	10 prohibit the use of unmanned aircraft in the inspection of a
231	231	11 public utility facility, tower, or structure or a mobile
232	232	12 service facility, tower, or structure by a public utility, as
233	233	13 defined in Section 3-105 of the Public Utilities Act, or a
234	234	14 provider of mobile services as defined in Section 153 of Title
235	235	15 47 of the United States Code. It is also unlawful to use the
236	236	16 lights of any vehicle or conveyance, any light connected to
237	237	17 any vehicle or conveyance, or any other lighting device or
238	238	18 mechanism from inside or on a vehicle or conveyance in any area
239	239	19 where wildlife may be found except in accordance with Section
240	240	20 2.37 of this Act; however, nothing in this Section shall
241	241	21 prohibit the normal use of headlamps for the purpose of
242	242	22 driving upon a roadway. For purposes of this Section, any
243	243	23 other lighting device or mechanism shall include, but not be
244	244	24 limited to, any device that uses infrared or other light not
245	245	25 visible to the naked eye, electronic image intensification,
246	246	26 active illumination, thermal imaging, or night vision. Striped
247	247
248	248
249	249
250	250
251	251
252	252	HB3113 - 6 - LRB103 25864 RLC 52215 b
253	253
254	254
255	255	HB3113- 7 -LRB103 25864 RLC 52215 b HB3113 - 7 - LRB103 25864 RLC 52215 b
256	256	HB3113 - 7 - LRB103 25864 RLC 52215 b
257	257	1 skunk, opossum, red fox, gray fox, raccoon, bobcat, and coyote
258	258	2 may be taken during the open season by use of a small light
259	259	3 which is worn on the body or hand-held by a person on foot and
260	260	4 not in any vehicle.
261	261	5 (j) It is unlawful to use any shotgun larger than 10 gauge
262	262	6 while taking or attempting to take any of the species
263	263	7 protected by this Act.
264	264	8 (k) It is unlawful to use or possess in the field any
265	265	9 shotgun shell loaded with a shot size larger than lead BB or
266	266	10 steel T (.20 diameter) when taking or attempting to take any
267	267	11 species of wild game mammals (excluding white-tailed deer),
268	268	12 wild game birds, migratory waterfowl or migratory game birds
269	269	13 protected by this Act, except white-tailed deer as provided
270	270	14 for in Section 2.26 and other species as provided for by
271	271	15 subsection (l) or administrative rule.
272	272	16 (l) It is unlawful to take any species of wild game, except
273	273	17 white-tailed deer and fur-bearing mammals, with a shotgun
274	274	18 loaded with slugs unless otherwise provided for by
275	275	19 administrative rule.
276	276	20 (m) It is unlawful to use any shotgun capable of holding
277	277	21 more than 3 shells in the magazine or chamber combined, except
278	278	22 on game breeding and hunting preserve areas licensed under
279	279	23 Section 3.27 and except as permitted by the Code of Federal
280	280	24 Regulations for the taking of waterfowl. If the shotgun is
281	281	25 capable of holding more than 3 shells, it shall, while being
282	282	26 used on an area other than a game breeding and shooting
283	283
284	284
285	285
286	286
287	287
288	288	HB3113 - 7 - LRB103 25864 RLC 52215 b
289	289
290	290
291	291	HB3113- 8 -LRB103 25864 RLC 52215 b HB3113 - 8 - LRB103 25864 RLC 52215 b
292	292	HB3113 - 8 - LRB103 25864 RLC 52215 b
293	293	1 preserve area licensed pursuant to Section 3.27, be fitted
294	294	2 with a one-piece one piece plug that is irremovable without
295	295	3 dismantling the shotgun or otherwise altered to render it
296	296	4 incapable of holding more than 3 shells in the magazine and
297	297	5 chamber, combined.
298	298	6 (n) It is unlawful for any person, except persons who
299	299	7 possess a permit to hunt from a vehicle as provided in this
300	300	8 Section and persons otherwise permitted by law, to have or
301	301	9 carry any gun in or on any vehicle, conveyance, or aircraft,
302	302	10 unless such gun is unloaded and enclosed in a case, except that
303	303	11 at field trials authorized by Section 2.34 of this Act,
304	304	12 unloaded guns or guns loaded with blank cartridges only, may
305	305	13 be carried on horseback while not contained in a case, or to
306	306	14 have or carry any bow or arrow device in or on any vehicle
307	307	15 unless such bow or arrow device is unstrung or enclosed in a
308	308	16 case, or otherwise made inoperable unless in accordance with
309	309	17 the Firearm Concealed Carry Act.
310	310	18 (o) (Blank).
311	311	19 (p) It is unlawful to take game birds, migratory game
312	312	20 birds or migratory waterfowl with a rifle, pistol, revolver,
313	313	21 or air rifle.
314	314	22 (q) It is unlawful to fire a rifle, pistol, revolver, or
315	315	23 air rifle on, over, or into any waters of this State, including
316	316	24 frozen waters.
317	317	25 (r) It is unlawful to discharge any gun or bow and arrow
318	318	26 device along, upon, across, or from any public right-of-way or
319	319
320	320
321	321
322	322
323	323
324	324	HB3113 - 8 - LRB103 25864 RLC 52215 b
325	325
326	326
327	327	HB3113- 9 -LRB103 25864 RLC 52215 b HB3113 - 9 - LRB103 25864 RLC 52215 b
328	328	HB3113 - 9 - LRB103 25864 RLC 52215 b
329	329	1 highway in this State.
330	330	2 (s) It is unlawful to use a silencer or other device to
331	331	3 muffle or mute the sound of the explosion or report resulting
332	332	4 from the firing of any gun.
333	333	5 (t) It is unlawful for any person to take or attempt to
334	334	6 take any species of wildlife or parts thereof, or allow a dog
335	335	7 to hunt, within or upon the land of another, or upon waters
336	336	8 flowing over or standing on the land of another, or to
337	337	9 knowingly shoot a gun or bow and arrow device at any wildlife
338	338	10 physically on or flying over the property of another without
339	339	11 first obtaining permission from the owner or the owner's
340	340	12 designee. For the purposes of this Section, the owner's
341	341	13 designee means anyone who the owner designates in a written
342	342	14 authorization and the authorization must contain (i) the legal
343	343	15 or common description of property for which such authority is
344	344	16 given, (ii) the extent that the owner's designee is authorized
345	345	17 to make decisions regarding who is allowed to take or attempt
346	346	18 to take any species of wildlife or parts thereof, and (iii) the
347	347	19 owner's notarized signature. Before enforcing this Section,
348	348	20 the law enforcement officer must have received notice from the
349	349	21 owner or the owner's designee of a violation of this Section.
350	350	22 Statements made to the law enforcement officer regarding this
351	351	23 notice shall not be rendered inadmissible by the hearsay rule
352	352	24 when offered for the purpose of showing the required notice.
353	353	25 (u) It is unlawful for any person to discharge any firearm
354	354	26 for the purpose of taking any of the species protected by this
355	355
356	356
357	357
358	358
359	359
360	360	HB3113 - 9 - LRB103 25864 RLC 52215 b
361	361
362	362
363	363	HB3113- 10 -LRB103 25864 RLC 52215 b HB3113 - 10 - LRB103 25864 RLC 52215 b
364	364	HB3113 - 10 - LRB103 25864 RLC 52215 b
365	365	1 Act, or hunt with gun or dog, or allow a dog to hunt, within
366	366	2 300 yards of an inhabited dwelling without first obtaining
367	367	3 permission from the owner or tenant, except that while
368	368	4 trapping, hunting with bow and arrow, hunting with dog and
369	369	5 shotgun using shot shells only, or hunting with shotgun using
370	370	6 shot shells only, or providing outfitting services under a
371	371	7 waterfowl outfitter permit, or on licensed game breeding and
372	372	8 hunting preserve areas, as defined in Section 3.27, on
373	373	9 federally owned and managed lands and on Department owned,
374	374	10 managed, leased, or controlled lands, a 100 yard restriction
375	375	11 shall apply.
376	376	12 (v) It is unlawful for any person to remove fur-bearing
377	377	13 mammals from, or to move or disturb in any manner, the traps
378	378	14 owned by another person without written authorization of the
379	379	15 owner to do so.
380	380	16 (w) It is unlawful for any owner of a dog to allow his or
381	381	17 her dog to pursue, harass, or kill deer, except that nothing in
382	382	18 this Section shall prohibit the tracking of wounded deer with
383	383	19 a dog in accordance with the provisions of Section 2.26 of this
384	384	20 Code.
385	385	21 (x) It is unlawful for any person to wantonly or
386	386	22 carelessly injure or destroy, in any manner whatsoever, any
387	387	23 real or personal property on the land of another while engaged
388	388	24 in hunting or trapping thereon.
389	389	25 (y) It is unlawful to hunt wild game protected by this Act
390	390	26 between one-half one half hour after sunset and one-half one
391	391
392	392
393	393
394	394
395	395
396	396	HB3113 - 10 - LRB103 25864 RLC 52215 b
397	397
398	398
399	399	HB3113- 11 -LRB103 25864 RLC 52215 b HB3113 - 11 - LRB103 25864 RLC 52215 b
400	400	HB3113 - 11 - LRB103 25864 RLC 52215 b
401	401	1 half hour before sunrise, except that hunting hours between
402	402	2 one-half one half hour after sunset and one-half one half hour
403	403	3 before sunrise may be established by administrative rule for
404	404	4 fur-bearing mammals.
405	405	5 (z) It is unlawful to take any game bird (excluding wild
406	406	6 turkeys and crippled pheasants not capable of normal flight
407	407	7 and otherwise irretrievable) protected by this Act when not
408	408	8 flying. Nothing in this Section shall prohibit a person from
409	409	9 carrying an uncased, unloaded shotgun in a boat, while in
410	410	10 pursuit of a crippled migratory waterfowl that is incapable of
411	411	11 normal flight, for the purpose of attempting to reduce the
412	412	12 migratory waterfowl to possession, provided that the attempt
413	413	13 is made immediately upon downing the migratory waterfowl and
414	414	14 is done within 400 yards of the blind from which the migratory
415	415	15 waterfowl was downed. This exception shall apply only to
416	416	16 migratory game birds that are not capable of normal flight.
417	417	17 Migratory waterfowl that are crippled may be taken only with a
418	418	18 shotgun as regulated by subsection (j) of this Section using
419	419	19 shotgun shells as regulated in subsection (k) of this Section.
420	420	20 (aa) It is unlawful to use or possess any device that may
421	421	21 be used for tree climbing or cutting, while hunting
422	422	22 fur-bearing mammals, excluding coyotes. However, coyotes may
423	423	23 not be hunted utilizing these devices during open season for
424	424	24 deer except by properly licensed deer hunters.
425	425	25 (bb) It is unlawful for any person, except licensed game
426	426	26 breeders, pursuant to Section 2.29 to import, carry into, or
427	427
428	428
429	429
430	430
431	431
432	432	HB3113 - 11 - LRB103 25864 RLC 52215 b
433	433
434	434
435	435	HB3113- 12 -LRB103 25864 RLC 52215 b HB3113 - 12 - LRB103 25864 RLC 52215 b
436	436	HB3113 - 12 - LRB103 25864 RLC 52215 b
437	437	1 possess alive in this State any species of wildlife taken
438	438	2 outside of this State, without obtaining permission to do so
439	439	3 from the Director.
440	440	4 (cc) It is unlawful for any person to have in his or her
441	441	5 possession any freshly killed species protected by this Act
442	442	6 during the season closed for taking.
443	443	7 (dd) It is unlawful to take any species protected by this
444	444	8 Act and retain it alive except as provided by administrative
445	445	9 rule.
446	446	10 (ee) It is unlawful to possess any rifle while in the field
447	447	11 during gun deer season except as provided in Sections 2.25 and
448	448	12 2.26 and administrative rules.
449	449	13 (ff) It is unlawful for any person to take any species
450	450	14 protected by this Act, except migratory waterfowl, during the
451	451	15 gun deer hunting season in those counties open to gun deer
452	452	16 hunting, unless he or she wears, when in the field, a cap and
453	453	17 upper outer garment of a solid blaze orange color or solid
454	454	18 blaze pink color, with such articles of clothing displaying a
455	455	19 minimum of 400 square inches of blaze orange or solid blaze
456	456	20 pink color material.
457	457	21 (gg) It is unlawful during the upland game season for any
458	458	22 person to take upland game with a firearm unless he or she
459	459	23 wears, while in the field, a cap of solid blaze orange color or
460	460	24 solid blaze pink color. For purposes of this Act, upland game
461	461	25 is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
462	462	26 Pheasant, Eastern Cottontail, and Swamp Rabbit.
463	463
464	464
465	465
466	466
467	467
468	468	HB3113 - 12 - LRB103 25864 RLC 52215 b
469	469
470	470
471	471	HB3113- 13 -LRB103 25864 RLC 52215 b HB3113 - 13 - LRB103 25864 RLC 52215 b
472	472	HB3113 - 13 - LRB103 25864 RLC 52215 b
473	473	1 (hh) It shall be unlawful to kill or cripple any species
474	474	2 protected by this Act for which there is a bag limit without
475	475	3 making a reasonable effort to retrieve such species and
476	476	4 include such in the bag limit. It shall be unlawful for any
477	477	5 person having control over harvested game mammals, game birds,
478	478	6 or migratory game birds for which there is a bag limit to
479	479	7 wantonly waste or destroy the usable meat of the game, except
480	480	8 this shall not apply to wildlife taken under Sections 2.37 or
481	481	9 3.22 of this Code. For purposes of this subsection, "usable
482	482	10 meat" means the breast meat of a game bird or migratory game
483	483	11 bird and the hind ham and front shoulders of a game mammal. It
484	484	12 shall be unlawful for any person to place, leave, dump, or
485	485	13 abandon a wildlife carcass or parts of it along or upon a
486	486	14 public right-of-way or highway or on public or private
487	487	15 property, including a waterway or stream, without the
488	488	16 permission of the owner or tenant. It shall not be unlawful to
489	489	17 discard game meat that is determined to be unfit for human
490	490	18 consumption.
491	491	19 (ii) This Section shall apply only to those species
492	492	20 protected by this Act taken within the State. Any species or
493	493	21 any parts thereof, legally taken in and transported from other
494	494	22 states or countries, may be possessed within the State, except
495	495	23 as provided in this Section and Sections 2.35, 2.36, and 3.21.
496	496	24 (jj) (Blank).
497	497	25 (kk) Nothing contained in this Section shall prohibit the
498	498	26 Director from issuing permits to paraplegics or to other
499	499
500	500
501	501
502	502
503	503
504	504	HB3113 - 13 - LRB103 25864 RLC 52215 b
505	505
506	506
507	507	HB3113- 14 -LRB103 25864 RLC 52215 b HB3113 - 14 - LRB103 25864 RLC 52215 b
508	508	HB3113 - 14 - LRB103 25864 RLC 52215 b
509	509	1 persons with disabilities who meet the requirements set forth
510	510	2 in administrative rule to shoot or hunt from a vehicle as
511	511	3 provided by that rule, provided that such is otherwise in
512	512	4 accord with this Act.
513	513	5 (ll) Nothing contained in this Act shall prohibit the
514	514	6 taking of aquatic life protected by the Fish and Aquatic Life
515	515	7 Code or birds and mammals protected by this Act, except deer
516	516	8 and fur-bearing mammals, from a boat not camouflaged or
517	517	9 disguised to alter its identity or to further provide a place
518	518	10 of concealment and not propelled by sail or mechanical power.
519	519	11 However, only shotguns not larger than 10 gauge nor smaller
520	520	12 than .410 bore loaded with not more than 3 shells of a shot
521	521	13 size no larger than lead BB or steel T (.20 diameter) may be
522	522	14 used to take species protected by this Act.
523	523	15 (mm) Nothing contained in this Act shall prohibit the use
524	524	16 of a shotgun, not larger than 10 gauge nor smaller than a 20
525	525	17 gauge, with a rifled barrel.
526	526	18 (nn) It shall be unlawful to possess any species of
527	527	19 wildlife or wildlife parts taken unlawfully in Illinois, any
528	528	20 other state, or any other country, whether or not the wildlife
529	529	21 or wildlife parts are is indigenous to Illinois. For the
530	530	22 purposes of this subsection, the statute of limitations for
531	531	23 unlawful possession of wildlife or wildlife parts shall not
532	532	24 cease until 2 years after the possession has permanently
533	533	25 ended.
534	534	26 (oo) It is unlawful while deer hunting:
535	535
536	536
537	537
538	538
539	539
540	540	HB3113 - 14 - LRB103 25864 RLC 52215 b
541	541
542	542
543	543	HB3113- 15 -LRB103 25864 RLC 52215 b HB3113 - 15 - LRB103 25864 RLC 52215 b
544	544	HB3113 - 15 - LRB103 25864 RLC 52215 b
545	545	1 (1) to possess or be in close proximity to a rifle that
546	546	2 is not centerfire; or
547	547	3 (2) to be in possession of or in close proximity to a
548	548	4 magazine that is capable of making a rifle not a single
549	549	5 shot.
550	550	6 (Source: P.A. 102-237, eff. 1-1-22; 102-837, eff. 5-13-22;
551	551	7 102-932, eff. 1-1-23; revised 12-14-22.)
552	552	8 (520 ILCS 5/2.30c rep.)
553	553	9 Section 10. The Wildlife Code is amended by repealing
554	554	10 Section 2.30c.
555	555
556	556
557	557
558	558
559	559
560	560	HB3113 - 15 - LRB103 25864 RLC 52215 b