101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0240

 

Introduced , by Rep. Thomas M. Bennett

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/2.26  from Ch. 61, par. 2.26

    Amends the Wildlife Code. Provides that a person with a valid concealed carry license issued under the Firearm Concealed Carry Act, or an off-duty law enforcement official or officer, may carry a handgun on or about his or her person while hunting. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning wildlife.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Wildlife Code is amended by changing Section
52.26 as follows:
 
6    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
7    Sec. 2.26. Deer hunting permits. Any person attempting to
8take deer shall first obtain a "Deer Hunting Permit" issued by
9the Department in accordance with its administrative rules.
10Those rules must provide for the issuance of the following
11types of resident deer archery permits: (i) a combination
12permit, consisting of one either-sex permit and one
13antlerless-only permit, (ii) a single antlerless-only permit,
14and (iii) a single either-sex permit. The fee for a Deer
15Hunting Permit to take deer with either bow and arrow or gun
16shall not exceed $25.00 for residents of the State. The
17Department may by administrative rule provide for non-resident
18deer hunting permits for which the fee will not exceed $300 in
192005, $350 in 2006, and $400 in 2007 and thereafter except as
20provided below for non-resident landowners and non-resident
21archery hunters. The Department may by administrative rule
22provide for a non-resident archery deer permit consisting of
23not more than 2 harvest tags at a total cost not to exceed $325

 

 

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1in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
2fees for a youth resident and non-resident archery deer permit
3shall be the same.
4    The standards and specifications for use of guns and bow
5and arrow for deer hunting shall be established by
6administrative rule.
7    No person may have in his or her possession any firearm not
8authorized by administrative rule for a specific hunting season
9when taking deer. However, a person with a valid concealed
10carry license issued under the Firearm Concealed Carry Act, or
11an off-duty law enforcement official or officer, may carry a
12handgun on or about his or her person while hunting.
13    Persons having a firearm deer hunting permit shall be
14permitted to take deer only during the period from 1/2 hour
15before sunrise to 1/2 hour after sunset, and only during those
16days for which an open season is established for the taking of
17deer by use of shotgun, handgun, or muzzle loading rifle.
18    Persons having an archery deer hunting permit shall be
19permitted to take deer only during the period from 1/2 hour
20before sunrise to 1/2 hour after sunset, and only during those
21days for which an open season is established for the taking of
22deer by use of bow and arrow.
23    It shall be unlawful for any person to take deer by use of
24dogs, horses, automobiles, aircraft or other vehicles, or by
25the use or aid of bait or baiting of any kind. For the purposes
26of this Section, "bait" means any material, whether liquid or

 

 

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1solid, including food, salt, minerals, and other products,
2except pure water, that can be ingested, placed, or scattered
3in such a manner as to attract or lure white-tailed deer.
4"Baiting" means the placement or scattering of bait to attract
5deer. An area is considered as baited during the presence of
6and for 10 consecutive days following the removal of bait.
7Nothing in this Section shall prohibit the use of a dog to
8track wounded deer. Any person using a dog for tracking wounded
9deer must maintain physical control of the dog at all times by
10means of a maximum 50 foot lead attached to the dog's collar or
11harness. Tracking wounded deer is permissible at night, but at
12no time outside of legal deer hunting hours or seasons shall
13any person handling or accompanying a dog being used for
14tracking wounded deer be in possession of any firearm or
15archery device. Persons tracking wounded deer with a dog during
16the firearm deer seasons shall wear blaze orange or solid blaze
17pink color as required. Dog handlers tracking wounded deer with
18a dog are exempt from hunting license and deer permit
19requirements so long as they are accompanied by the licensed
20deer hunter who wounded the deer.
21    It shall be unlawful to possess or transport any wild deer
22which has been injured or killed in any manner upon a public
23highway or public right-of-way of this State unless exempted by
24administrative rule.
25    Persons hunting deer must have gun unloaded and no bow and
26arrow device shall be carried with the arrow in the nocked

 

 

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1position during hours when deer hunting is unlawful.
2    It shall be unlawful for any person, having taken the legal
3limit of deer by gun, to further participate with gun in any
4deer hunting party.
5    It shall be unlawful for any person, having taken the legal
6limit of deer by bow and arrow, to further participate with bow
7and arrow in any deer hunting party.
8    The Department may prohibit upland game hunting during the
9gun deer season by administrative rule.
10    The Department shall not limit the number of non-resident,
11either-sex archery deer hunting permits to less than 20,000.
12    Any person who violates any of the provisions of this
13Section, including administrative rules, shall be guilty of a
14Class B misdemeanor.
15    For the purposes of calculating acreage under this Section,
16the Department shall, after determining the total acreage of
17the applicable tract or tracts of land, round remaining
18fractional portions of an acre greater than or equal to half of
19an acre up to the next whole acre.
20    For the purposes of taking white-tailed deer, nothing in
21this Section shall be construed to prevent the manipulation,
22including mowing or cutting, of standing crops as a normal
23agricultural or soil stabilization practice, food plots, or
24normal agricultural practices, including planting, harvesting,
25and maintenance such as cultivating or the use of products
26designed for scent only and not capable of ingestion, solid or

 

 

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1liquid, placed or scattered, in such a manner as to attract or
2lure deer. Such manipulation for the purpose of taking
3white-tailed deer may be further modified by administrative
4rule.
5(Source: P.A. 99-642, eff. 7-28-16; 99-869, eff. 1-1-17;
6100-691, eff. 1-1-19; 100-949, eff. 1-1-19; revised 10-9-18.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.