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| Public Act 096-0397 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Natural Resources | ||||
(Conservation) Law of the
Civil Administrative Code of Illinois | ||||
is amended by changing Section 805-540 as follows:
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(20 ILCS 805/805-540) (was 20 ILCS 805/63b2.6)
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Sec. 805-540. Enforcement of adjoining state's laws. The
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Director may
grant authority to the officers of any adjoining | ||||
state who are authorized and
directed to enforce the laws of | ||||
that state relating to the protection of flora
and fauna to | ||||
take any of the following actions and have the following powers
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within the State of Illinois:
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(1) To follow, seize, and return to the adjoining state | ||||
any flora or
fauna or part thereof shipped or taken from | ||||
the adjoining state in
violation of the laws of that state | ||||
and brought into this State.
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(2) To dispose of any such flora or fauna or part | ||||
thereof under the
supervision of an Illinois Conservation | ||||
Police Officer.
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(3) To enforce as an agent of this State, with the same | ||||
powers as an
Illinois Conservation Police Officer, each of | ||||
the following laws of this
State:
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(i) The Illinois Endangered Species Protection | ||
Act.
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(ii) The Fish and Aquatic Life Code.
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(iii) The Wildlife Code.
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(iv) The Wildlife Habitat Management Areas Act.
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(v) The Hunter and Fishermen Interference | ||
Prohibition Act.
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(vi) The Illinois Non-Game Wildlife Protection | ||
Act.
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(vii) The Ginseng Harvesting Act.
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(viii) The State Forest Act.
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(ix) The Forest Products Transportation Act.
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(x) The Timber Buyers Licensing Act.
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Any officer of an adjoining state acting under a power or | ||
authority granted
by the Director pursuant to this
Section | ||
shall act without compensation or other benefits from this | ||
State and
without this State having any liability for the acts | ||
or omissions of that
officer.
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(Source: P.A. 91-239, eff. 1-1-00.)
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Section 10. The Hunter Interference Prohibition Act is | ||
amended by changing Sections 0.01, 1, 2, and 4 as follows:
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(720 ILCS 125/0.01) (from Ch. 61, par. 300)
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Sec. 0.01. Short title. This Act may be cited as the
Hunter | ||
and Fishermen Interference Prohibition Act.
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(Source: P.A. 86-1324.)
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(720 ILCS 125/1) (from Ch. 61, par. 301)
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Sec. 1. Definitions. As used in this Act:
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"Interfere with" means to take any action that physically | ||
impedes, hinders,
or obstructs the lawful taking of wildlife or | ||
aquatic life a wild animal.
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"Wildlife" "Wild animal" means any wildlife wild creature | ||
the taking of which is
authorized
by the Wildlife Code Fish and | ||
Aquatic Life Code or the wildlife, fish, and game laws
of this | ||
State and includes those species that are lawfully
released by | ||
properly licensed permittees of the Department of Natural
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Resources.
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"Aquatic life" means all fish, reptiles, amphibians, | ||
crayfish, and mussels the taking of which is
authorized
by the | ||
Fish and Aquatic Life Code. | ||
"Taking" means the capture or killing of wildlife or | ||
aquatic life a wild animal and
includes
travel, camping, and | ||
other acts preparatory to taking which occur on lands
or waters | ||
upon which the affected person has the right or privilege to | ||
take
such wildlife or aquatic life wild animal.
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(Source: P.A. 90-555, eff. 12-12-97.)
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(720 ILCS 125/2) (from Ch. 61, par. 302)
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Sec. 2.
Any person who performs any of the following is | ||
guilty of a
Class B misdemeanor:
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(a) Wilfully obstructs or interferes with the lawful taking | ||
of
wildlife or aquatic life wild animals by another person with | ||
the specific
intent to prevent that lawful taking.
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(b) (Blank).
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(c) (Blank).
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(d) (Blank).
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A person violates this Section when he or she intentionally | ||
or knowingly
engages in any of the following acts:
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(1) Drives or disturbs wildlife or aquatic life wild | ||
animals for the purpose of disrupting a lawful
taking of | ||
wildlife or aquatic life wild animals.
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(2) Blocks, impedes, or physically harasses another | ||
person who is engaged
in the process of lawfully taking | ||
wildlife or aquatic life a wild animal.
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(3) Uses natural or artificial visual, aural, | ||
olfactory, gustatory, or
physical stimuli to affect | ||
wildlife or aquatic life animal behavior in order to hinder | ||
or prevent the
lawful taking of wildlife or aquatic life a | ||
wild animal.
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(4) Erects barriers with the intent to deny ingress or | ||
egress to or from
areas where the lawful taking of wildlife | ||
or aquatic life wild animals may occur.
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(5) Intentionally interjects himself or herself into | ||
the line of fire or fishing lines of a
person lawfully | ||
taking wildlife or aquatic life wild animals.
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(6) Affects the physical condition or placement of | ||
personal or public
property intended for use in the lawful | ||
taking of wildlife or aquatic life a wild animal in order | ||
to
impair the usefulness of the property or prevent the use | ||
of the property.
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(7) Enters or remains upon or over private lands | ||
without the permission of
the
owner or the owner's agent, | ||
with the intent to violate this Section.
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This Section does not apply to actions performed by | ||
authorized employees of
the Department of Natural Resources, | ||
duly accredited officers of the U.S. Fish
and Wildlife Service, | ||
sheriffs, deputy sheriffs, or other peace officers if the
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actions are authorized by law and are necessary for the | ||
performance of their
official duties.
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This Section does not apply to landowners, tenants, or | ||
lease holders
exercising their legal rights to the enjoyment of | ||
land, including, but not
limited to, farming and restricting | ||
trespass.
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It is an affirmative defense to a prosecution for a | ||
violation of this
Section that the defendant's conduct is | ||
protected by his or her right to
freedom of speech under the | ||
constitution of this State or the United States.
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Any interested parties may engage in protests or other free | ||
speech activities
adjacent to or on the perimeter of the | ||
location where the lawful taking of wildlife or aquatic life | ||
wild
animals is taking place, provided that none of the | ||
provisions of this Section
are being violated.
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(Source: P.A. 90-555, eff. 12-12-97.)
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(720 ILCS 125/4) (from Ch. 61, par. 304)
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Sec. 4.
(a) Any court may enjoin conduct which would be in | ||
violation
of Section 2 of this Act upon petition by a person | ||
affected or who reasonably
may be affected by such conduct, | ||
upon a showing that such conduct is threatened
or that it has | ||
occurred on a particular premises in the past and that it
is | ||
not unreasonable to expect that under similar circumstances it | ||
will be
repeated.
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(b) A court shall award all resulting costs and damages to | ||
any person
adversely affected by a violation of Section 2, | ||
which may include an award for
punitive damages. In addition to | ||
other items of special damage, the measure of
damages may | ||
include expenditures of the affected person for license and | ||
permit
fees, travel, guides, special equipment and supplies, to | ||
the extent that such
expenditures were rendered futile by | ||
prevention of the taking of wildlife or aquatic life a wild | ||
animal.
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(c) A court shall revoke, for a period of one year to 5 | ||
years, any Illinois
hunting, fishing, or trapping privilege, | ||
license or permit of any person
convicted of violating any | ||
provision of this Act.
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(Source: P.A. 88-397.)
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