Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1409 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1409 Introduced 1/31/2025, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED: 520 ILCS 5/2.20 from Ch. 61, par. 2.20520 ILCS 5/2.33 Amends the Wildlife Code. Provides that, within one year of the effective date of the amendatory Act, to the extent permitted by federal law, the Department of Natural Resources shall adopt or amend rules effectuating an increased shooting time for waterfowl of 30 minutes after sunset on at least one day per week during seasons for the hunting of waterfowl. Provides that hunting hours between one-half hour after sunset and one-half hour before sunrise may be established by administrative rule for waterfowl, to the extent permitted by federal law. LRB104 07393 BDA 17434 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1409 Introduced 1/31/2025, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED: 520 ILCS 5/2.20 from Ch. 61, par. 2.20520 ILCS 5/2.33 520 ILCS 5/2.20 from Ch. 61, par. 2.20 520 ILCS 5/2.33 Amends the Wildlife Code. Provides that, within one year of the effective date of the amendatory Act, to the extent permitted by federal law, the Department of Natural Resources shall adopt or amend rules effectuating an increased shooting time for waterfowl of 30 minutes after sunset on at least one day per week during seasons for the hunting of waterfowl. Provides that hunting hours between one-half hour after sunset and one-half hour before sunrise may be established by administrative rule for waterfowl, to the extent permitted by federal law. LRB104 07393 BDA 17434 b LRB104 07393 BDA 17434 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1409 Introduced 1/31/2025, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
33 520 ILCS 5/2.20 from Ch. 61, par. 2.20520 ILCS 5/2.33 520 ILCS 5/2.20 from Ch. 61, par. 2.20 520 ILCS 5/2.33
44 520 ILCS 5/2.20 from Ch. 61, par. 2.20
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66 Amends the Wildlife Code. Provides that, within one year of the effective date of the amendatory Act, to the extent permitted by federal law, the Department of Natural Resources shall adopt or amend rules effectuating an increased shooting time for waterfowl of 30 minutes after sunset on at least one day per week during seasons for the hunting of waterfowl. Provides that hunting hours between one-half hour after sunset and one-half hour before sunrise may be established by administrative rule for waterfowl, to the extent permitted by federal law.
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1212 1 AN ACT concerning wildlife.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Wildlife Code is amended by changing
1616 5 Sections 2.20 and 2.33 as follows:
1717 6 (520 ILCS 5/2.20) (from Ch. 61, par. 2.20)
1818 7 Sec. 2.20. It shall be unlawful to take waterfowl or any
1919 8 species of wildlife in any area managed by the Department
2020 9 unless those species are taken in compliance with the rules
2121 10 and regulations established by the Department of which notice
2222 11 is given in accordance with Section 1.13.
2323 12 Within one year of the effective date of this amendatory
2424 13 Act of the 104th General Assembly, to the extent permitted by
2525 14 federal law, the Department shall adopt or amend rules
2626 15 effectuating an increased shooting time for waterfowl of 30
2727 16 minutes after sunset on at least one day per week during
2828 17 seasons for the hunting of waterfowl.
2929 18 (Source: P.A. 81-382.)
3030 19 (520 ILCS 5/2.33)
3131 20 Sec. 2.33. Prohibitions.
3232 21 (a) It is unlawful to carry or possess any gun in any State
3333 22 refuge unless otherwise permitted by administrative rule.
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1409 Introduced 1/31/2025, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
3838 520 ILCS 5/2.20 from Ch. 61, par. 2.20520 ILCS 5/2.33 520 ILCS 5/2.20 from Ch. 61, par. 2.20 520 ILCS 5/2.33
3939 520 ILCS 5/2.20 from Ch. 61, par. 2.20
4040 520 ILCS 5/2.33
4141 Amends the Wildlife Code. Provides that, within one year of the effective date of the amendatory Act, to the extent permitted by federal law, the Department of Natural Resources shall adopt or amend rules effectuating an increased shooting time for waterfowl of 30 minutes after sunset on at least one day per week during seasons for the hunting of waterfowl. Provides that hunting hours between one-half hour after sunset and one-half hour before sunrise may be established by administrative rule for waterfowl, to the extent permitted by federal law.
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7070 1 (b) It is unlawful to use or possess any snare or
7171 2 snare-like device, deadfall, net, or pit trap to take any
7272 3 species, except that snares not powered by springs or other
7373 4 mechanical devices may be used to trap fur-bearing mammals, in
7474 5 water sets only, if at least one-half of the snare noose is
7575 6 located underwater at all times.
7676 7 (c) It is unlawful for any person at any time to take a
7777 8 wild mammal protected by this Act from its den by means of any
7878 9 mechanical device, spade, or digging device or to use smoke or
7979 10 other gases to dislodge or remove such mammal except as
8080 11 provided in Section 2.37.
8181 12 (d) It is unlawful to use a ferret or any other small
8282 13 mammal which is used in the same or similar manner for which
8383 14 ferrets are used for the purpose of frightening or driving any
8484 15 mammals from their dens or hiding places.
8585 16 (e) (Blank).
8686 17 (f) It is unlawful to use spears, gigs, hooks, or any like
8787 18 device to take any species protected by this Act.
8888 19 (g) It is unlawful to use poisons, chemicals, or
8989 20 explosives for the purpose of taking any species protected by
9090 21 this Act.
9191 22 (h) It is unlawful to hunt adjacent to or near any peat,
9292 23 grass, brush, or other inflammable substance when it is
9393 24 burning.
9494 25 (i) It is unlawful to take, pursue or intentionally harass
9595 26 or disturb in any manner any wild birds or mammals by use or
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106106 1 aid of any vehicle, conveyance, or unmanned aircraft as
107107 2 defined by the Illinois Aeronautics Act, except as permitted
108108 3 by the Code of Federal Regulations for the taking of
109109 4 waterfowl; except that nothing in this subsection shall
110110 5 prohibit the use of unmanned aircraft in the inspection of a
111111 6 public utility facility, tower, or structure or a mobile
112112 7 service facility, tower, or structure by a public utility, as
113113 8 defined in Section 3-105 of the Public Utilities Act, or a
114114 9 provider of mobile services as defined in Section 153 of Title
115115 10 47 of the United States Code. It is also unlawful to use the
116116 11 lights of any vehicle or conveyance, any light connected to
117117 12 any vehicle or conveyance, or any other lighting device or
118118 13 mechanism from inside or on a vehicle or conveyance in any area
119119 14 where wildlife may be found except in accordance with Section
120120 15 2.37 of this Act; however, nothing in this Section shall
121121 16 prohibit the normal use of headlamps for the purpose of
122122 17 driving upon a roadway. For purposes of this Section, any
123123 18 other lighting device or mechanism shall include, but not be
124124 19 limited to, any device that uses infrared or other light not
125125 20 visible to the naked eye, electronic image intensification,
126126 21 active illumination, thermal imaging, or night vision. Striped
127127 22 skunk, opossum, red fox, gray fox, raccoon, bobcat, and coyote
128128 23 may be taken during the open season by use of a small light
129129 24 which is worn on the body or hand-held by a person on foot and
130130 25 not in any vehicle.
131131 26 (j) It is unlawful to use any shotgun larger than 10 gauge
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142142 1 while taking or attempting to take any of the species
143143 2 protected by this Act.
144144 3 (k) It is unlawful to use or possess in the field any
145145 4 shotgun shell loaded with a shot size larger than lead BB or
146146 5 steel T (.20 diameter) when taking or attempting to take any
147147 6 species of wild game mammals (excluding white-tailed deer),
148148 7 wild game birds, migratory waterfowl or migratory game birds
149149 8 protected by this Act, except white-tailed deer as provided
150150 9 for in Section 2.26 and other species as provided for by
151151 10 subsection (l) or administrative rule.
152152 11 (l) It is unlawful to take any species of wild game, except
153153 12 white-tailed deer and fur-bearing mammals, with a shotgun
154154 13 loaded with slugs unless otherwise provided for by
155155 14 administrative rule.
156156 15 (m) It is unlawful to use any shotgun capable of holding
157157 16 more than 3 shells in the magazine or chamber combined, except
158158 17 on game breeding and hunting preserve areas licensed under
159159 18 Section 3.27 and except as permitted by the Code of Federal
160160 19 Regulations for the taking of waterfowl. If the shotgun is
161161 20 capable of holding more than 3 shells, it shall, while being
162162 21 used on an area other than a game breeding and shooting
163163 22 preserve area licensed pursuant to Section 3.27, be fitted
164164 23 with a one-piece plug that is irremovable without dismantling
165165 24 the shotgun or otherwise altered to render it incapable of
166166 25 holding more than 3 shells in the magazine and chamber,
167167 26 combined.
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178178 1 (n) It is unlawful for any person, except persons who
179179 2 possess a permit to hunt from a vehicle as provided in this
180180 3 Section and persons otherwise permitted by law, to have or
181181 4 carry any gun in or on any vehicle, conveyance, or aircraft,
182182 5 unless such gun is unloaded and enclosed in a case, except that
183183 6 at field trials authorized by Section 2.34 of this Act,
184184 7 unloaded guns or guns loaded with blank cartridges only may be
185185 8 carried on horseback while not contained in a case, or to have
186186 9 or carry any bow or arrow device in or on any vehicle unless
187187 10 such bow or arrow device is unstrung or enclosed in a case, or
188188 11 otherwise made inoperable unless in accordance with the
189189 12 Firearm Concealed Carry Act.
190190 13 (o) (Blank).
191191 14 (p) It is unlawful to take game birds, migratory game
192192 15 birds or migratory waterfowl with a rifle, pistol, revolver,
193193 16 or air rifle.
194194 17 (q) It is unlawful to fire a rifle, pistol, revolver, or
195195 18 air rifle on, over, or into any waters of this State, including
196196 19 frozen waters.
197197 20 (r) It is unlawful to discharge any gun or bow and arrow
198198 21 device along, upon, across, or from any public right-of-way or
199199 22 highway in this State.
200200 23 (s) It is unlawful to use a silencer or other device to
201201 24 muffle or mute the sound of the explosion or report resulting
202202 25 from the firing of any gun.
203203 26 (t) It is unlawful for any person to take or attempt to
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214214 1 take any species of wildlife or parts thereof, or allow a dog
215215 2 to hunt, within or upon the land of another, or upon waters
216216 3 flowing over or standing on the land of another, or to
217217 4 knowingly shoot a gun or bow and arrow device at any wildlife
218218 5 physically on or flying over the property of another without
219219 6 first obtaining permission from the owner or the owner's
220220 7 designee. For the purposes of this Section, the owner's
221221 8 designee means anyone who the owner designates in a written
222222 9 authorization and the authorization must contain (i) the legal
223223 10 or common description of property for which such authority is
224224 11 given, (ii) the extent that the owner's designee is authorized
225225 12 to make decisions regarding who is allowed to take or attempt
226226 13 to take any species of wildlife or parts thereof, and (iii) the
227227 14 owner's notarized signature. Before enforcing this Section,
228228 15 the law enforcement officer must have received notice from the
229229 16 owner or the owner's designee of a violation of this Section.
230230 17 Statements made to the law enforcement officer regarding this
231231 18 notice shall not be rendered inadmissible by the hearsay rule
232232 19 when offered for the purpose of showing the required notice.
233233 20 (u) It is unlawful for any person to discharge any firearm
234234 21 for the purpose of taking any of the species protected by this
235235 22 Act, or hunt with gun or dog, or allow a dog to hunt, within
236236 23 300 yards of an inhabited dwelling without first obtaining
237237 24 permission from the owner or tenant, except that while
238238 25 trapping, hunting with bow and arrow, hunting with dog and
239239 26 shotgun using shot shells only, or hunting with shotgun using
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250250 1 shot shells only, or providing outfitting services under a
251251 2 waterfowl outfitter permit, or on licensed game breeding and
252252 3 hunting preserve areas, as defined in Section 3.27, on
253253 4 federally owned and managed lands and on Department owned,
254254 5 managed, leased, or controlled lands, a 100 yard restriction
255255 6 shall apply.
256256 7 (v) It is unlawful for any person to remove fur-bearing
257257 8 mammals from, or to move or disturb in any manner, the traps
258258 9 owned by another person without written authorization of the
259259 10 owner to do so.
260260 11 (w) It is unlawful for any owner of a dog to allow his or
261261 12 her dog to pursue, harass, or kill deer, except that nothing in
262262 13 this Section shall prohibit the tracking of wounded deer with
263263 14 a dog in accordance with the provisions of Section 2.26 of this
264264 15 Code.
265265 16 (x) It is unlawful for any person to wantonly or
266266 17 carelessly injure or destroy, in any manner whatsoever, any
267267 18 real or personal property on the land of another while engaged
268268 19 in hunting or trapping thereon.
269269 20 (y) It is unlawful to hunt wild game protected by this Act
270270 21 between one-half hour after sunset and one-half hour before
271271 22 sunrise, except that hunting hours between one-half hour after
272272 23 sunset and one-half hour before sunrise may be established by
273273 24 administrative rule for waterfowl, to the extent permitted by
274274 25 federal law, and for fur-bearing mammals.
275275 26 (z) It is unlawful to take any game bird (excluding wild
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286286 1 turkeys and crippled pheasants not capable of normal flight
287287 2 and otherwise irretrievable) protected by this Act when not
288288 3 flying. Nothing in this Section shall prohibit a person from
289289 4 carrying an uncased, unloaded shotgun in a boat, while in
290290 5 pursuit of a crippled migratory waterfowl that is incapable of
291291 6 normal flight, for the purpose of attempting to reduce the
292292 7 migratory waterfowl to possession, provided that the attempt
293293 8 is made immediately upon downing the migratory waterfowl and
294294 9 is done within 400 yards of the blind from which the migratory
295295 10 waterfowl was downed. This exception shall apply only to
296296 11 migratory game birds that are not capable of normal flight.
297297 12 Migratory waterfowl that are crippled may be taken only with a
298298 13 shotgun as regulated by subsection (j) of this Section using
299299 14 shotgun shells as regulated in subsection (k) of this Section.
300300 15 (aa) It is unlawful to use or possess any device that may
301301 16 be used for tree climbing or cutting while hunting fur-bearing
302302 17 mammals, excluding coyotes. However, coyotes may not be hunted
303303 18 utilizing these devices during open season for deer except by
304304 19 properly licensed deer hunters.
305305 20 (bb) It is unlawful for any person, except licensed game
306306 21 breeders, pursuant to Section 2.29 to import, carry into, or
307307 22 possess alive in this State any species of wildlife taken
308308 23 outside of this State, without obtaining permission to do so
309309 24 from the Director.
310310 25 (cc) It is unlawful for any person to have in his or her
311311 26 possession any freshly killed species protected by this Act
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322322 1 during the season closed for taking.
323323 2 (dd) It is unlawful to take any species protected by this
324324 3 Act and retain it alive except as provided by administrative
325325 4 rule.
326326 5 (ee) It is unlawful to possess any rifle while in the field
327327 6 during gun deer season except as provided in Sections 2.25 and
328328 7 2.26 and administrative rules.
329329 8 (ff) It is unlawful for any person to take any species
330330 9 protected by this Act, except migratory waterfowl, during the
331331 10 gun deer hunting season in those counties open to gun deer
332332 11 hunting, unless he or she wears, when in the field, a cap and
333333 12 upper outer garment of a solid blaze orange color or solid
334334 13 blaze pink color, with such articles of clothing displaying a
335335 14 minimum of 400 square inches of blaze orange or solid blaze
336336 15 pink color material.
337337 16 (gg) It is unlawful during the upland game season for any
338338 17 person to take upland game with a firearm unless he or she
339339 18 wears, while in the field, a cap of solid blaze orange color or
340340 19 solid blaze pink color. For purposes of this Act, upland game
341341 20 is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
342342 21 Pheasant, Eastern Cottontail, and Swamp Rabbit.
343343 22 (hh) It shall be unlawful to kill or cripple any species
344344 23 protected by this Act for which there is a bag limit without
345345 24 making a reasonable effort to retrieve such species and
346346 25 include such in the bag limit. It shall be unlawful for any
347347 26 person having control over harvested game mammals, game birds,
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358358 1 or migratory game birds for which there is a bag limit to
359359 2 wantonly waste or destroy the usable meat of the game, except
360360 3 this shall not apply to wildlife taken under Sections 2.37 or
361361 4 3.22 of this Code. For purposes of this subsection, "usable
362362 5 meat" means the breast meat of a game bird or migratory game
363363 6 bird and the hind ham and front shoulders of a game mammal. It
364364 7 shall be unlawful for any person to place, leave, dump, or
365365 8 abandon a wildlife carcass or parts of it along or upon a
366366 9 public right-of-way or highway or on public or private
367367 10 property, including a waterway or stream, without the
368368 11 permission of the owner or tenant. It shall not be unlawful to
369369 12 discard game meat that is determined to be unfit for human
370370 13 consumption.
371371 14 (ii) This Section shall apply only to those species
372372 15 protected by this Act taken within the State. Any species or
373373 16 any parts thereof, legally taken in and transported from other
374374 17 states or countries, may be possessed within the State, except
375375 18 as provided in this Section and Sections 2.35, 2.36, and 3.21.
376376 19 (jj) (Blank).
377377 20 (kk) Nothing contained in this Section shall prohibit the
378378 21 Director from issuing permits to paraplegics or to other
379379 22 persons with disabilities who meet the requirements set forth
380380 23 in administrative rule to shoot or hunt from a vehicle as
381381 24 provided by that rule, provided that such is otherwise in
382382 25 accord with this Act.
383383 26 (ll) Nothing contained in this Act shall prohibit the
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394394 1 taking of aquatic life protected by the Fish and Aquatic Life
395395 2 Code or birds and mammals protected by this Act, except deer
396396 3 and fur-bearing mammals, from a boat not camouflaged or
397397 4 disguised to alter its identity or to further provide a place
398398 5 of concealment and not propelled by sail or mechanical power.
399399 6 However, only shotguns not larger than 10 gauge nor smaller
400400 7 than .410 bore loaded with not more than 3 shells of a shot
401401 8 size no larger than lead BB or steel T (.20 diameter) may be
402402 9 used to take species protected by this Act.
403403 10 (mm) Nothing contained in this Act shall prohibit the use
404404 11 of a shotgun, not larger than 10 gauge nor smaller than a 20
405405 12 gauge, with a rifled barrel.
406406 13 (nn) It shall be unlawful to possess any species of
407407 14 wildlife or wildlife parts taken unlawfully in Illinois, any
408408 15 other state, or any other country, whether or not the wildlife
409409 16 or wildlife parts are indigenous to Illinois. For the purposes
410410 17 of this subsection, the statute of limitations for unlawful
411411 18 possession of wildlife or wildlife parts shall not cease until
412412 19 2 years after the possession has permanently ended.
413413 20 (oo) It is unlawful while deer hunting:
414414 21 (1) to possess or be in close proximity to a rifle that
415415 22 is not centerfire; or
416416 23 (2) to be in possession of or in close proximity to a
417417 24 magazine that is capable of making a rifle not a single
418418 25 shot.
419419 26 (Source: P.A. 102-237, eff. 1-1-22; 102-837, eff. 5-13-22;
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