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Full Text of HB5317  100th General Assembly




HB5317 EngrossedLRB100 18251 SLF 33454 b

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
52.36a as follows:
6    (520 ILCS 5/2.36a)  (from Ch. 61, par. 2.36a)
7    Sec. 2.36a. Value of protected species; violations.
8    (a) Any person who, for profit or commercial purposes,
9knowingly captures or kills, possesses, offers for sale, sells,
10offers to barter, barters, offers to purchase, purchases,
11delivers for shipment, ships, exports, imports, causes to be
12shipped, exported, or imported, delivers for transportation,
13transports or causes to be transported, carries or causes to be
14carried, or receives for shipment, transportation, carriage,
15or export any animal or part of animal of the species protected
16by this Act, contrary to the provisions of this Act, and such
17animals, in whole or in part, are valued at or in excess of a
18total of $300, as per specie value specified in subsection (c)
19of this Section, commits a Class 3 felony.
20    A person shall be guilty of a Class 4 felony if convicted
21under this Section for more than one violation within a 90-day
22period where the animals of each violation are not valued at or
23in excess of $300, but the total value of the animals from the



HB5317 Engrossed- 2 -LRB100 18251 SLF 33454 b

1multiple violations is at or in excess of $300. The prosecution
2for a Class 4 felony for these multiple violations must be
3alleged in a single charge or indictment and brought in a
4single prosecution.
5    (b) Possession of animals, in whole or in part, captured or
6killed in violation of this Act, valued at or in excess of
7$600, as per specie value specified in subsection (c) of this
8Section, shall be considered prima facie evidence of possession
9for profit or commercial purposes.
10    (c) For purposes of this Section, the fair market value or
11replacement cost, whichever is greater, shall be used to
12determine the value of the species protected by this Act, but
13in no case shall the minimum value of all species protected by
14this Act be less than as follows:
15        (1) Eagle, $1,000 $500;
16        (2) Whitetail deer, $1,000 and wild turkey, $500 $250;
17        (3) Fur-bearing mammals, $50 $25;
18        (4) Game birds (except the wild turkey) and migratory
19    game birds (except Trumpeter swans), $50 $25;
20        (5) Owls, hawks, falcons, kites, harriers, and
21    ospreys, and other birds of prey $250 $125;
22        (6) Game mammals (except whitetail deer), $50 $25;
23        (7) Other mammals, $100 $50;
24        (8) Resident and migratory non-game birds (except
25    birds of prey), $100 $50;
26        (9) Trumpeter swans, $1,000 $250.



HB5317 Engrossed- 3 -LRB100 18251 SLF 33454 b

1    (d) In this subsection (d), "point" means a projection on
2the antler of a whitetail antlered deer that is at least
3one-inch long as measured from the tip to the nearest edge of
4antler beam and the length of which exceeds the length of its
5base. A person who possesses whitetail antlered deer, in whole
6or in part, captured or killed in violation of this Act, shall
7pay restitution to the Department in the amount of $1,000 per
8whitetail antlered deer and an additional $500 per antler
9point, for each whitetail antlered deer with at least 8 but not
10more than 10 antler points. For whitetail antlered deer with 11
11or more antler points, restitution of $1,000 shall be paid to
12the Department per whitetail antlered deer plus $750 per antler
14(Source: P.A. 90-743, eff. 1-1-99.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.