Public Act 095-0283
 		





HB0201 Enrolled
LRB095 04223 CMK 24264 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 Section 
3.5 and  by adding Section 2.33b as follows:
 
    (520 ILCS 5/2.33b  new)
    Sec. 2.33b. Computer-assisted remote hunting; prohibition.

A person shall not operate, provide, sell, use, or offer to
    
operate, provide, sell, or use any computer software or service
    
that allows a person not physically present at the hunt site to
    
remotely control a weapon that could be used to take wildlife 
by remote operation, including, but not limited to,
   weapons or 
devices set up to fire through the use of the
   Internet or 
through a remote control device.
 



    (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 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 Department of 
    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 - 3.16, 3.19 - 3.21 
(except subsections (b), (c), (d), (e), (f), (f.5), (g), (h), 
and (i)), and 3.24 - 3.26, 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,
2.4, 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.

    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.  
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.

(Source: P.A. 94-222, eff. 7-14-05.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.