Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2794 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 SB2794 Introduced 1/17/2024, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: 520 ILCS 5/2.33 Amends the Wildlife Code. Provides that it is unlawful for any person who is within 300 yards of an inhabited dwelling, to hunt with gun or dog, allow a dog to hunt, or discharge a firearm without first obtaining permission from the owner or tenant of the dwelling, except that a 100-yard restriction, rather than a 300-yard restriction, shall apply (i) while on the land of another person as an invitee with that person's permission, (ii) while trapping, hunting with dog and shotgun using shot shells only, hunting with shotgun using shot shells only, or providing outfitting services under a waterfowl outfitter permit, or (iii) while on licensed game breeding and hunting preserve areas, federally owned and managed lands, or Department owned, managed, leased, or controlled lands. LRB103 37282 JAG 67403 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2794 Introduced 1/17/2024, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED: 520 ILCS 5/2.33 520 ILCS 5/2.33 Amends the Wildlife Code. Provides that it is unlawful for any person who is within 300 yards of an inhabited dwelling, to hunt with gun or dog, allow a dog to hunt, or discharge a firearm without first obtaining permission from the owner or tenant of the dwelling, except that a 100-yard restriction, rather than a 300-yard restriction, shall apply (i) while on the land of another person as an invitee with that person's permission, (ii) while trapping, hunting with dog and shotgun using shot shells only, hunting with shotgun using shot shells only, or providing outfitting services under a waterfowl outfitter permit, or (iii) while on licensed game breeding and hunting preserve areas, federally owned and managed lands, or Department owned, managed, leased, or controlled lands. LRB103 37282 JAG 67403 b LRB103 37282 JAG 67403 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2794 Introduced 1/17/2024, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED:
3	3	520 ILCS 5/2.33 520 ILCS 5/2.33
4	4	520 ILCS 5/2.33
5	5	Amends the Wildlife Code. Provides that it is unlawful for any person who is within 300 yards of an inhabited dwelling, to hunt with gun or dog, allow a dog to hunt, or discharge a firearm without first obtaining permission from the owner or tenant of the dwelling, except that a 100-yard restriction, rather than a 300-yard restriction, shall apply (i) while on the land of another person as an invitee with that person's permission, (ii) while trapping, hunting with dog and shotgun using shot shells only, hunting with shotgun using shot shells only, or providing outfitting services under a waterfowl outfitter permit, or (iii) while on licensed game breeding and hunting preserve areas, federally owned and managed lands, or Department owned, managed, leased, or controlled lands.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning wildlife.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Wildlife Code is amended by changing
15	15	5 Section 2.33 as follows:
16	16	6 (520 ILCS 5/2.33)
17	17	7 Sec. 2.33. Prohibitions.
18	18	8 (a) It is unlawful to carry or possess any gun in any State
19	19	9 refuge unless otherwise permitted by administrative rule.
20	20	10 (b) It is unlawful to use or possess any snare or
21	21	11 snare-like device, deadfall, net, or pit trap to take any
22	22	12 species, except that snares not powered by springs or other
23	23	13 mechanical devices may be used to trap fur-bearing mammals, in
24	24	14 water sets only, if at least one-half of the snare noose is
25	25	15 located underwater at all times.
26	26	16 (c) It is unlawful for any person at any time to take a
27	27	17 wild mammal protected by this Act from its den by means of any
28	28	18 mechanical device, spade, or digging device or to use smoke or
29	29	19 other gases to dislodge or remove such mammal except as
30	30	20 provided in Section 2.37.
31	31	21 (d) It is unlawful to use a ferret or any other small
32	32	22 mammal which is used in the same or similar manner for which
33	33	23 ferrets are used for the purpose of frightening or driving any
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2794 Introduced 1/17/2024, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED:
38	38	520 ILCS 5/2.33 520 ILCS 5/2.33
39	39	520 ILCS 5/2.33
40	40	Amends the Wildlife Code. Provides that it is unlawful for any person who is within 300 yards of an inhabited dwelling, to hunt with gun or dog, allow a dog to hunt, or discharge a firearm without first obtaining permission from the owner or tenant of the dwelling, except that a 100-yard restriction, rather than a 300-yard restriction, shall apply (i) while on the land of another person as an invitee with that person's permission, (ii) while trapping, hunting with dog and shotgun using shot shells only, hunting with shotgun using shot shells only, or providing outfitting services under a waterfowl outfitter permit, or (iii) while on licensed game breeding and hunting preserve areas, federally owned and managed lands, or Department owned, managed, leased, or controlled lands.
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43	43	A BILL FOR
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68	68	1 mammals from their dens or hiding places.
69	69	2 (e) (Blank).
70	70	3 (f) It is unlawful to use spears, gigs, hooks, or any like
71	71	4 device to take any species protected by this Act.
72	72	5 (g) It is unlawful to use poisons, chemicals, or
73	73	6 explosives for the purpose of taking any species protected by
74	74	7 this Act.
75	75	8 (h) It is unlawful to hunt adjacent to or near any peat,
76	76	9 grass, brush, or other inflammable substance when it is
77	77	10 burning.
78	78	11 (i) It is unlawful to take, pursue or intentionally harass
79	79	12 or disturb in any manner any wild birds or mammals by use or
80	80	13 aid of any vehicle, conveyance, or unmanned aircraft as
81	81	14 defined by the Illinois Aeronautics Act, except as permitted
82	82	15 by the Code of Federal Regulations for the taking of
83	83	16 waterfowl; except that nothing in this subsection shall
84	84	17 prohibit the use of unmanned aircraft in the inspection of a
85	85	18 public utility facility, tower, or structure or a mobile
86	86	19 service facility, tower, or structure by a public utility, as
87	87	20 defined in Section 3-105 of the Public Utilities Act, or a
88	88	21 provider of mobile services as defined in Section 153 of Title
89	89	22 47 of the United States Code. It is also unlawful to use the
90	90	23 lights of any vehicle or conveyance, any light connected to
91	91	24 any vehicle or conveyance, or any other lighting device or
92	92	25 mechanism from inside or on a vehicle or conveyance in any area
93	93	26 where wildlife may be found except in accordance with Section
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104	104	1 2.37 of this Act; however, nothing in this Section shall
105	105	2 prohibit the normal use of headlamps for the purpose of
106	106	3 driving upon a roadway. For purposes of this Section, any
107	107	4 other lighting device or mechanism shall include, but not be
108	108	5 limited to, any device that uses infrared or other light not
109	109	6 visible to the naked eye, electronic image intensification,
110	110	7 active illumination, thermal imaging, or night vision. Striped
111	111	8 skunk, opossum, red fox, gray fox, raccoon, bobcat, and coyote
112	112	9 may be taken during the open season by use of a small light
113	113	10 which is worn on the body or hand-held by a person on foot and
114	114	11 not in any vehicle.
115	115	12 (j) It is unlawful to use any shotgun larger than 10 gauge
116	116	13 while taking or attempting to take any of the species
117	117	14 protected by this Act.
118	118	15 (k) It is unlawful to use or possess in the field any
119	119	16 shotgun shell loaded with a shot size larger than lead BB or
120	120	17 steel T (.20 diameter) when taking or attempting to take any
121	121	18 species of wild game mammals (excluding white-tailed deer),
122	122	19 wild game birds, migratory waterfowl or migratory game birds
123	123	20 protected by this Act, except white-tailed deer as provided
124	124	21 for in Section 2.26 and other species as provided for by
125	125	22 subsection (l) or administrative rule.
126	126	23 (l) It is unlawful to take any species of wild game, except
127	127	24 white-tailed deer and fur-bearing mammals, with a shotgun
128	128	25 loaded with slugs unless otherwise provided for by
129	129	26 administrative rule.
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140	140	1 (m) It is unlawful to use any shotgun capable of holding
141	141	2 more than 3 shells in the magazine or chamber combined, except
142	142	3 on game breeding and hunting preserve areas licensed under
143	143	4 Section 3.27 and except as permitted by the Code of Federal
144	144	5 Regulations for the taking of waterfowl. If the shotgun is
145	145	6 capable of holding more than 3 shells, it shall, while being
146	146	7 used on an area other than a game breeding and shooting
147	147	8 preserve area licensed pursuant to Section 3.27, be fitted
148	148	9 with a one-piece plug that is irremovable without dismantling
149	149	10 the shotgun or otherwise altered to render it incapable of
150	150	11 holding more than 3 shells in the magazine and chamber,
151	151	12 combined.
152	152	13 (n) It is unlawful for any person, except persons who
153	153	14 possess a permit to hunt from a vehicle as provided in this
154	154	15 Section and persons otherwise permitted by law, to have or
155	155	16 carry any gun in or on any vehicle, conveyance, or aircraft,
156	156	17 unless such gun is unloaded and enclosed in a case, except that
157	157	18 at field trials authorized by Section 2.34 of this Act,
158	158	19 unloaded guns or guns loaded with blank cartridges only may be
159	159	20 carried on horseback while not contained in a case, or to have
160	160	21 or carry any bow or arrow device in or on any vehicle unless
161	161	22 such bow or arrow device is unstrung or enclosed in a case, or
162	162	23 otherwise made inoperable unless in accordance with the
163	163	24 Firearm Concealed Carry Act.
164	164	25 (o) (Blank).
165	165	26 (p) It is unlawful to take game birds, migratory game
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176	176	1 birds or migratory waterfowl with a rifle, pistol, revolver,
177	177	2 or air rifle.
178	178	3 (q) It is unlawful to fire a rifle, pistol, revolver, or
179	179	4 air rifle on, over, or into any waters of this State, including
180	180	5 frozen waters.
181	181	6 (r) It is unlawful to discharge any gun or bow and arrow
182	182	7 device along, upon, across, or from any public right-of-way or
183	183	8 highway in this State.
184	184	9 (s) It is unlawful to use a silencer or other device to
185	185	10 muffle or mute the sound of the explosion or report resulting
186	186	11 from the firing of any gun.
187	187	12 (t) It is unlawful for any person to take or attempt to
188	188	13 take any species of wildlife or parts thereof, or allow a dog
189	189	14 to hunt, within or upon the land of another, or upon waters
190	190	15 flowing over or standing on the land of another, or to
191	191	16 knowingly shoot a gun or bow and arrow device at any wildlife
192	192	17 physically on or flying over the property of another without
193	193	18 first obtaining permission from the owner or the owner's
194	194	19 designee. For the purposes of this Section, the owner's
195	195	20 designee means anyone who the owner designates in a written
196	196	21 authorization and the authorization must contain (i) the legal
197	197	22 or common description of property for which such authority is
198	198	23 given, (ii) the extent that the owner's designee is authorized
199	199	24 to make decisions regarding who is allowed to take or attempt
200	200	25 to take any species of wildlife or parts thereof, and (iii) the
201	201	26 owner's notarized signature. Before enforcing this Section,
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212	212	1 the law enforcement officer must have received notice from the
213	213	2 owner or the owner's designee of a violation of this Section.
214	214	3 Statements made to the law enforcement officer regarding this
215	215	4 notice shall not be rendered inadmissible by the hearsay rule
216	216	5 when offered for the purpose of showing the required notice.
217	217	6 (u) It is unlawful for any person who is within 300 yards
218	218	7 of an inhabited dwelling to discharge any firearm for the
219	219	8 purpose of taking any of the species protected by this Act, or
220	220	9 hunt with gun or dog, or allow a dog to hunt, or discharge a
221	221	10 firearm within 300 yards of an inhabited dwelling without
222	222	11 first obtaining permission from the owner or tenant of the
223	223	12 dwelling, except that a 100-yard restriction, rather than a
224	224	13 300-yard restriction, shall apply (i) while on the land of
225	225	14 another person as an invitee with that person's permission,
226	226	15 (ii) while trapping, hunting with bow and arrow, hunting with
227	227	16 dog and shotgun using shot shells only, or hunting with
228	228	17 shotgun using shot shells only, or providing outfitting
229	229	18 services under a waterfowl outfitter permit, or (iii) while on
230	230	19 licensed game breeding and hunting preserve areas, as defined
231	231	20 in Section 3.27, on federally owned and managed lands, or and
232	232	21 on Department owned, managed, leased, or controlled lands, a
233	233	22 100 yard restriction shall apply.
234	234	23 (v) It is unlawful for any person to remove fur-bearing
235	235	24 mammals from, or to move or disturb in any manner, the traps
236	236	25 owned by another person without written authorization of the
237	237	26 owner to do so.
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248	248	1 (w) It is unlawful for any owner of a dog to allow his or
249	249	2 her dog to pursue, harass, or kill deer, except that nothing in
250	250	3 this Section shall prohibit the tracking of wounded deer with
251	251	4 a dog in accordance with the provisions of Section 2.26 of this
252	252	5 Code.
253	253	6 (x) It is unlawful for any person to wantonly or
254	254	7 carelessly injure or destroy, in any manner whatsoever, any
255	255	8 real or personal property on the land of another while engaged
256	256	9 in hunting or trapping thereon.
257	257	10 (y) It is unlawful to hunt wild game protected by this Act
258	258	11 between one-half hour after sunset and one-half hour before
259	259	12 sunrise, except that hunting hours between one-half hour after
260	260	13 sunset and one-half hour before sunrise may be established by
261	261	14 administrative rule for fur-bearing mammals.
262	262	15 (z) It is unlawful to take any game bird (excluding wild
263	263	16 turkeys and crippled pheasants not capable of normal flight
264	264	17 and otherwise irretrievable) protected by this Act when not
265	265	18 flying. Nothing in this Section shall prohibit a person from
266	266	19 carrying an uncased, unloaded shotgun in a boat, while in
267	267	20 pursuit of a crippled migratory waterfowl that is incapable of
268	268	21 normal flight, for the purpose of attempting to reduce the
269	269	22 migratory waterfowl to possession, provided that the attempt
270	270	23 is made immediately upon downing the migratory waterfowl and
271	271	24 is done within 400 yards of the blind from which the migratory
272	272	25 waterfowl was downed. This exception shall apply only to
273	273	26 migratory game birds that are not capable of normal flight.
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284	284	1 Migratory waterfowl that are crippled may be taken only with a
285	285	2 shotgun as regulated by subsection (j) of this Section using
286	286	3 shotgun shells as regulated in subsection (k) of this Section.
287	287	4 (aa) It is unlawful to use or possess any device that may
288	288	5 be used for tree climbing or cutting while hunting fur-bearing
289	289	6 mammals, excluding coyotes. However, coyotes may not be hunted
290	290	7 utilizing these devices during open season for deer except by
291	291	8 properly licensed deer hunters.
292	292	9 (bb) It is unlawful for any person, except licensed game
293	293	10 breeders, pursuant to Section 2.29 to import, carry into, or
294	294	11 possess alive in this State any species of wildlife taken
295	295	12 outside of this State, without obtaining permission to do so
296	296	13 from the Director.
297	297	14 (cc) It is unlawful for any person to have in his or her
298	298	15 possession any freshly killed species protected by this Act
299	299	16 during the season closed for taking.
300	300	17 (dd) It is unlawful to take any species protected by this
301	301	18 Act and retain it alive except as provided by administrative
302	302	19 rule.
303	303	20 (ee) It is unlawful to possess any rifle while in the field
304	304	21 during gun deer season except as provided in Sections 2.25 and
305	305	22 2.26 and administrative rules.
306	306	23 (ff) It is unlawful for any person to take any species
307	307	24 protected by this Act, except migratory waterfowl, during the
308	308	25 gun deer hunting season in those counties open to gun deer
309	309	26 hunting, unless he or she wears, when in the field, a cap and
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320	320	1 upper outer garment of a solid blaze orange color or solid
321	321	2 blaze pink color, with such articles of clothing displaying a
322	322	3 minimum of 400 square inches of blaze orange or solid blaze
323	323	4 pink color material.
324	324	5 (gg) It is unlawful during the upland game season for any
325	325	6 person to take upland game with a firearm unless he or she
326	326	7 wears, while in the field, a cap of solid blaze orange color or
327	327	8 solid blaze pink color. For purposes of this Act, upland game
328	328	9 is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
329	329	10 Pheasant, Eastern Cottontail, and Swamp Rabbit.
330	330	11 (hh) It shall be unlawful to kill or cripple any species
331	331	12 protected by this Act for which there is a bag limit without
332	332	13 making a reasonable effort to retrieve such species and
333	333	14 include such in the bag limit. It shall be unlawful for any
334	334	15 person having control over harvested game mammals, game birds,
335	335	16 or migratory game birds for which there is a bag limit to
336	336	17 wantonly waste or destroy the usable meat of the game, except
337	337	18 this shall not apply to wildlife taken under Sections 2.37 or
338	338	19 3.22 of this Code. For purposes of this subsection, "usable
339	339	20 meat" means the breast meat of a game bird or migratory game
340	340	21 bird and the hind ham and front shoulders of a game mammal. It
341	341	22 shall be unlawful for any person to place, leave, dump, or
342	342	23 abandon a wildlife carcass or parts of it along or upon a
343	343	24 public right-of-way or highway or on public or private
344	344	25 property, including a waterway or stream, without the
345	345	26 permission of the owner or tenant. It shall not be unlawful to
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356	356	1 discard game meat that is determined to be unfit for human
357	357	2 consumption.
358	358	3 (ii) This Section shall apply only to those species
359	359	4 protected by this Act taken within the State. Any species or
360	360	5 any parts thereof, legally taken in and transported from other
361	361	6 states or countries, may be possessed within the State, except
362	362	7 as provided in this Section and Sections 2.35, 2.36, and 3.21.
363	363	8 (jj) (Blank).
364	364	9 (kk) Nothing contained in this Section shall prohibit the
365	365	10 Director from issuing permits to paraplegics or to other
366	366	11 persons with disabilities who meet the requirements set forth
367	367	12 in administrative rule to shoot or hunt from a vehicle as
368	368	13 provided by that rule, provided that such is otherwise in
369	369	14 accord with this Act.
370	370	15 (ll) Nothing contained in this Act shall prohibit the
371	371	16 taking of aquatic life protected by the Fish and Aquatic Life
372	372	17 Code or birds and mammals protected by this Act, except deer
373	373	18 and fur-bearing mammals, from a boat not camouflaged or
374	374	19 disguised to alter its identity or to further provide a place
375	375	20 of concealment and not propelled by sail or mechanical power.
376	376	21 However, only shotguns not larger than 10 gauge nor smaller
377	377	22 than .410 bore loaded with not more than 3 shells of a shot
378	378	23 size no larger than lead BB or steel T (.20 diameter) may be
379	379	24 used to take species protected by this Act.
380	380	25 (mm) Nothing contained in this Act shall prohibit the use
381	381	26 of a shotgun, not larger than 10 gauge nor smaller than a 20
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