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Public Act 098-0402
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| HB1652 Enrolled | LRB098 05803 MRW 35842 b |
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AN ACT concerning wildlife.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 2. The Fish and Aquatic Life Code is amended by |
changing Section 20-105 as follows:
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(515 ILCS 5/20-105) (from Ch. 56, par. 20-105)
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Sec. 20-105. Revocation and suspension; refusal to issue.
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(a) Whenever a license or permit is issued to any person |
under this Code
and its holder is found guilty of any |
misrepresentation in obtaining the
license or permit or of a |
violation of Section 48-3 of the Criminal Code of 2012 or a |
violation of any of the provisions of this Code,
including |
administrative rules, the license or permit may be revoked by |
the
Department and the Department may refuse to issue any |
permit or license to
that person and may suspend the person |
from engaging in the activity
requiring the permit or license |
for a period of time not to exceed 5 years
following the |
revocation. Department revocation procedure shall be
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established by administrative rule.
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(b) Whenever any person who has not been issued a license |
or a permit
under the provisions of this Code is found guilty |
of a violation of Section 48-3 of the Criminal Code of 2012 or |
a violation of the
provisions of this Code, including |
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administrative rules, the Department may
refuse to issue any |
permit or license to that person, and suspend that
person from |
engaging in the activity requiring the permit or license for a
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period of time not to exceed 5 years.
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(c) Any person who knowingly or intentionally violates any
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of the provisions of this Code, including administrative rules, |
during the
5 years following the revocation of his or her |
license or permit under
subsection (a) or during the time he is |
suspended under subsection
(b), shall be guilty of a Class A |
misdemeanor as provided in Section 20-35. The penalties for a |
violation of Section 48-3 of the Criminal Code of 2012 shall be |
as provided in that Section.
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(d) A person whose license or permit to engage in any |
activity regulated
by this
Code has been suspended or revoked |
may not, during the period of the suspension
or
revocation or |
until obtaining such a license or permit, (i) be in the company
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of any person
engaging in the activity covered by the |
suspension or revocation or (ii) serve
as a guide,
outfitter, |
or facilitator for a person who is engaged or prepared to |
engage in
the activity
covered by the suspension or revocation.
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(e) No person may be issued or obtain a license or permit |
or engage in any
activity regulated by this Code during the |
time that the person's privilege to
engage in the
same or |
similar activities is suspended or revoked by another state, by |
a
federal agency,
or by a province of Canada.
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(Source: P.A. 91-545, eff. 8-14-99.)
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Section 3. The Wildlife Code is amended by changing Section |
3.36 as follows:
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(520 ILCS 5/3.36) (from Ch. 61, par. 3.36)
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Sec. 3.36. Revocation and suspension.
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(a) Whenever a license or permit is issued to any person
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under this Act, and the holder thereof is found guilty of any
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misrepresentation in obtaining such license or permit or of a |
violation of Section 48-3 of the Criminal Code of 2012 or a |
violation of
any of the provisions of this Act, including |
administrative rules, his
license or permit may be revoked by |
the Department, and the Department may
refuse to issue any |
permit or license to such person and may suspend the
person |
from engaging in the activity requiring the permit or license |
for a
period of time not to exceed 5 years following such |
revocation.
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Department revocation procedures shall be established by |
Administrative
rule.
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(b) Whenever any person who has not been issued a license |
or a permit
under the provisions of this Code is found guilty |
of a violation of Section 48-3 of the Criminal Code of 2012 or |
a violation of the
provisions of this Code, including |
administrative rules, the Department may
refuse to issue any |
permit or license to that person, and suspend that
person from |
engaging in the activity requiring the permit or license for a
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period of time not to exceed 5 years.
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(c) Any person who knowingly or intentionally violates any |
of the
provisions of this Act, including administrative rules, |
during such period
when his license or permit is revoked or |
denied by virtue of this Section
or during the time he is |
suspended under subsection (b), shall be guilty of
a Class A |
misdemeanor. The penalties for a violation of Section 48-3 of |
the Criminal Code of 2012 shall be as provided in that Section.
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(d) Licenses and permits authorized to be issued under the |
provisions of
this Act shall be prepared by the Department and |
be in such form as
prescribed by the Department. The |
information required on each license
shall be completed thereon |
by the issuing agent or his sub-agent at the
time of issuance |
and each license shall be signed by the licensee, or
initialed |
by the designated purchaser and then signed immediately upon |
receipt
by the licensee, and
countersigned by the issuing agent |
or his sub-agent at the time of
issuance. All such licenses |
shall be supplied by the Department, subject to
such rules and |
regulations as the Department may prescribe. Any license not
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properly prepared, obtained and signed as required by this Act |
shall be
void.
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(e) A person whose license or permit to engage in any |
activity regulated
by
this
Code has been suspended or revoked |
may not, during the period of the suspension
or
revocation or |
until obtaining such a license or permit, (i) be in the company
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of any person
engaging in the activity covered by the |
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suspension or revocation or (ii) serve
as a guide,
outfitter, |
or facilitator for a person who is engaged or prepared to |
engage in
the activity
covered by the suspension or revocation.
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(f) No person may be issued or obtain a license or permit |
or engage in any
activity
regulated by this Code during the |
time that the person's privilege to engage in
the same
or |
similar activities is suspended or revoked by another state, by |
a federal
agency, or by a
province of Canada.
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(Source: P.A. 90-225, eff. 7-25-97; 91-545, eff. 8-14-99.)
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Section 5. The Criminal Code of 2012 is amended by changing |
Section 48-3 as follows:
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(720 ILCS 5/48-3) |
Sec. 48-3. Hunter or fisherman interference. |
(a) Definitions. As used in this Section: |
"Aquatic life" means all fish, reptiles, amphibians, |
crayfish, and mussels the taking of which is
authorized
by |
the Fish and Aquatic Life Code. |
"Interfere with" means to take any action that |
physically impedes, hinders,
or obstructs the lawful |
taking of wildlife or aquatic life. |
"Taking" means the capture or killing of wildlife or |
aquatic life 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 |
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take
such wildlife or aquatic life. |
"Wildlife" means any wildlife the taking of which is
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authorized
by the Wildlife Code and includes those species |
that are lawfully
released by properly licensed permittees |
of the Department of Natural
Resources. |
(b) A person commits hunter or fisherman interference when |
he or she intentionally or knowingly: |
(1) obstructs or interferes with the lawful taking of
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wildlife or aquatic life by another person with the |
specific
intent to prevent that lawful taking; |
(2) drives or disturbs wildlife or aquatic life for the |
purpose of disrupting a lawful
taking of wildlife or |
aquatic life; |
(3) blocks, impedes, or physically harasses another |
person who is engaged
in the process of lawfully taking |
wildlife or aquatic life; |
(4) uses natural or artificial visual, aural, |
olfactory, gustatory, or
physical stimuli to affect |
wildlife or aquatic life behavior in order to hinder or |
prevent the
lawful taking of wildlife or aquatic life; |
(5) erects barriers with the intent to deny ingress or |
egress to or from
areas where the lawful taking of wildlife |
or aquatic life may occur; |
(6) intentionally interjects himself or herself into |
the line of fire or fishing lines of a
person lawfully |
taking wildlife or aquatic life; |
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(7) affects the physical condition or placement of |
personal or public
property intended for use in the lawful |
taking of wildlife or aquatic life in order to
impair the |
usefulness of the property or prevent the use of the |
property; |
(8) 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 subsection; or |
(9) fails to obey the order of a peace officer to |
desist from conduct
in violation of this subsection (b) if |
the officer observes the conduct,
or has reasonable grounds |
to believe that the person has engaged in the conduct that |
day or that the person plans or intends to engage in the |
conduct
that day on a specific premises; or . |
(10) uses a drone in a way that interferes with another |
person's lawful taking of
wildlife or aquatic life. For the |
purposes of this paragraph (10), "drone" means any aerial |
vehicle that does not carry a human operator. |
(c) Exemptions; defenses. |
(1) 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
actions are authorized by law and are |
necessary for the performance of their
official duties. |
(2) This Section does not apply to landowners, tenants, |
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or lease holders
exercising their legal rights to the |
enjoyment of land, including, but not
limited to, farming |
and restricting trespass. |
(3) 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. |
(4) 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 is taking place, provided that |
none of the provisions of this Section
are being violated. |
(d) Sentence. A first violation of paragraphs (1) through |
(8) of subsection (b) is a Class B misdemeanor. A second or |
subsequent violation of
paragraphs (1) through (8) of |
subsection (b) is a Class A misdemeanor for which imprisonment |
for not less than 7 days shall be imposed. A
person guilty of a |
second or subsequent violation of paragraphs (1) through (8) of |
subsection (b) is not
eligible for court
supervision. A |
violation of paragraph (9) or (10) of subsection (b) is a Class |
A misdemeanor. 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 Section. For
purposes of this |
subsection, a "second or subsequent violation" means a |
conviction
under paragraphs (1) through (8) of subsection (b) |
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of this Section within 2 years of a prior violation arising |
from a separate set
of circumstances. |
(e) Injunctions; damages. |
(1) Any court may enjoin conduct which would be in |
violation
of paragraphs (1) through (8) or (10) of |
subsection (b) upon petition by a person affected or who |
reasonably
may be affected by the conduct, upon a showing |
that the 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. |
(2) A court shall award all resulting costs and damages |
to any person
adversely affected by a violation of |
paragraphs (1) through (8) or (10) of subsection (b), 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 these
expenditures were |
rendered futile by prevention of the taking of wildlife or |
aquatic life.
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(Source: P.A. 97-1108, eff. 1-1-13.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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