98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5706

 

Introduced , by Rep. Jerry F. Costello, II

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/1.25  from Ch. 61, par. 1.25

    Amends the Wildlife Code. Provides that every hunting or trapping device, vehicle, or conveyance is a public nuisance and subject to seizure and confiscation by any authorized employee of the Department of Natural Resources when used or operated illegally, or attempted to be used or operated illegally by any person in taking, transporting, holding, or conveying any wild bird or wild mammal, contrary to the provisions of the Act, only when the taking, transporting, holding, or conveying is charged as a felony. 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
51.25 as follows:
 
6    (520 ILCS 5/1.25)  (from Ch. 61, par. 1.25)
7    Sec. 1.25. Every hunting or trapping device, vehicle, or
8conveyance, when used or operated illegally, or attempted to be
9used or operated illegally by any person in taking,
10transporting, holding, or conveying any wild bird or wild
11mammal, contrary to the provisions of this Act, including
12administrative rules, and when the taking, transporting,
13holding, or conveying is charged as a felony, is a public
14nuisance and subject to seizure and confiscation by any
15authorized employee of the Department; upon the seizure of such
16item the Department shall take and hold the same until disposed
17of as hereinafter provided.
18    Upon the seizure of any property as herein provided, the
19authorized employee of the Department making such seizure shall
20forthwith cause a complaint to be filed before the Circuit
21Court and a summons to be issued requiring the person who
22illegally used or operated or attempted to use or operate such
23property and the owner and person in possession of such

 

 

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1property to appear in court and show cause why the property
2seized should not be forfeited to the State. Upon the return of
3the summons duly served or other notice as herein provided, the
4court shall proceed to determine the question of the illegality
5of the use of the seized property and upon judgment being
6entered to the effect that such property was illegally used, an
7order may be entered providing for the forfeiture of such
8seized property to the Department and shall thereupon become
9the property of the Department; but the owner of such property
10may have a jury determine the illegality of its use, and shall
11have the right of an appeal, as in other cases. Such
12confiscation or forfeiture shall not preclude or mitigate
13against prosecution and assessment of penalties otherwise
14provided in this Act.
15    Upon seizure of any property under circumstances
16supporting a reasonable belief that such property was
17abandoned, lost or stolen or otherwise illegally possessed or
18used contrary to the provisions of this Act, except property
19seized during a search or arrest, and ultimately returned,
20destroyed, or otherwise disposed of pursuant to order of a
21court in accordance with this Act, the authorized employee of
22the Department shall make reasonable inquiry and efforts to
23identify and notify the owner or other person entitled to
24possession thereof, and shall return the property after such
25person provides reasonable and satisfactory proof of his
26ownership or right to possession and reimburses the Department

 

 

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1for all reasonable expenses of such custody. If the identity or
2location of the owner or other person entitled to possession of
3the property has not been ascertained within 6 months after the
4Department obtains such possession, the Department shall
5effectuate the sale of the property for cash to the highest
6bidder at a public auction. The owner or other person entitled
7to possession of such property may claim and recover possession
8of the property at any time before its sale at public auction,
9upon providing reasonable and satisfactory proof of ownership
10or right of possession and reimbursing the Department for all
11reasonable expenses of custody thereof.
12    Any property, including guns, forfeited to the State by
13court order pursuant to this Section, may be disposed of by
14public auction, except that any property which is the subject
15of such a court order shall not be disposed of pending appeal
16of the order. The proceeds of the sales at auction shall be
17deposited in the Wildlife and Fish Fund.
18    The Department shall pay all costs of notices required by
19this Section.
20(Source: P.A. 85-152.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.