Public Act 103-0037
 
HB2461 EnrolledLRB103 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, 
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.