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90_HB0764
520 ILCS 5/2.33 from Ch. 61, par. 2.33
Amends the Wildlife Code. Makes it unlawful to
instigate, aid, participate in the earnings from, or
intentionally allow a place to be used for the shooting,
killing, or wounding with a firearm or other deadly weapon of
any bird or mammal that is tied, caged, or otherwise
intentionally confined in a man-made enclosure.
LRB9002876DJcd
LRB9002876DJcd
1 AN ACT to amend the Wildlife Code by changing Section
2 2.33.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Wildlife Code is amended by changing
6 Section 2.33 as follows:
7 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
8 Sec. 2.33. Prohibitions.
9 (a) It is unlawful to carry or possess any gun in any
10 State refuge unless otherwise permitted by administrative
11 rule.
12 (b) It is unlawful to use or possess any snare or
13 snare-like device, deadfall, net, or pit trap to take any
14 species, except that snares not powered by springs or other
15 mechanical devices may be used to trap fur-bearing mammals,
16 in water sets only, if at least one-half of the snare noose
17 is located underwater at all times.
18 (c) It is unlawful for any person at any time to take a
19 wild mammal protected by this Act from its den by means of
20 any mechanical device, spade, or digging device or to use
21 smoke or other gases to dislodge or remove such mammal except
22 as provided in Section 2.37.
23 (d) It is unlawful to use a ferret or any other small
24 mammal which is used in the same or similar manner for which
25 ferrets are used for the purpose of frightening or driving
26 any mammals from their dens or hiding places.
27 (e) It is unlawful to use any recording or electronic
28 calling device to attract or attempt to attract, or to take
29 or attempt to take, any of the wild mammals, wild birds or
30 fur-bearing mammals protected by this Act between sunset and
31 sunrise.
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1 (f) It is unlawful to use spears, gigs, hooks or any
2 like device to take any species protected by this Act.
3 (g) It is unlawful to use poisons, chemicals or
4 explosives for the purpose of taking any species protected by
5 this Act.
6 (h) It is unlawful to hunt adjacent to or near any peat,
7 grass, brush or other inflammable substance when it is
8 burning.
9 (i) It is unlawful to take, pursue or intentionally
10 harass or disturb in any manner any wild birds or mammals by
11 use or aid of any vehicle or conveyance. It is also unlawful
12 to use the lights of any vehicle or conveyance or any light
13 from or any light connected to such vehicle or conveyance in
14 any area where wildlife may be found except in accordance
15 with Section 2.37 of this Act, however, nothing in this
16 Section shall prohibit the normal use of headlamps for the
17 purpose of driving upon a roadway and except that striped
18 skunk, opossum, red fox, gray fox, raccoon and coyote may be
19 taken during the open season by use of a small light which is
20 worn on the body or hand-held by a person on foot and not in
21 any vehicle.
22 (j) It is unlawful to use any shotgun larger than 10
23 gauge while taking or attempting to take any of the species
24 protected by this Act.
25 (k) It is unlawful to use or possess any shotgun shell
26 loaded with a shot size larger than lead BB or steel T (.20
27 diameter) when taking or attempting to take any species of
28 wild game mammals, wild game birds, wild fur-bearing mammals,
29 migratory waterfowl or migratory game birds protected by this
30 Act, except white-tailed deer as provided for in Section 2.26
31 and other species as provided for by administrative rule.
32 (l) It is unlawful to take any species of wild game,
33 except white-tailed deer, with a shotgun loaded with rifled
34 slugs unless otherwise provided for by administrative rule.
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1 (m) It is unlawful to use any shotgun capable of holding
2 more than 3 shells in the magazine or chamber combined,
3 except on game breeding and hunting preserve areas licensed
4 under Section 3.27. If the shotgun is capable of holding
5 more than 3 shells, it shall, while being used on an area
6 other than a game breeding and shooting preserve area
7 licensed pursuant to Section 3.27, be fitted with a one piece
8 plug that is irremovable without dismantling the shotgun or
9 otherwise altered to render it incapable of holding more than
10 3 shells in the magazine and chamber, combined.
11 (n) It is unlawful for any person, except persons
12 permitted by law, to have or carry any gun in or on any
13 vehicle, conveyance or aircraft, unless such gun is unloaded
14 and enclosed in a case, except that at field trials
15 authorized by Section 2.34 of this Act, unloaded guns or guns
16 loaded with blank cartridges only, may be carried on
17 horseback while not contained in a case, or to have or carry
18 any bow or arrow device in or on any vehicle unless such bow
19 or arrow device is unstrung or enclosed in a case, or
20 otherwise made inoperable.
21 (o) It is unlawful to use any crossbow for the purpose
22 of taking any wild birds or mammals, except as provided for
23 in Section 2.33.
24 (p) It is unlawful to take game birds, migratory game
25 birds or migratory waterfowl with a rifle, pistol, revolver
26 or airgun.
27 (q) It is unlawful to fire a rifle, pistol, revolver or
28 airgun on, over or into any waters of this State, including
29 frozen waters.
30 (r) It is unlawful to discharge any gun or bow and arrow
31 device along, upon, across, or from any public right-of-way
32 or highway in this State.
33 (s) It is unlawful to use a silencer or other device to
34 muffle or mute the sound of the explosion or report resulting
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1 from the firing of any gun.
2 (t) It is unlawful for any person to trap or hunt, or
3 allow a dog to hunt, within or upon the land of another, or
4 upon waters flowing over or standing on the land of another,
5 without first obtaining permission from the owner or tenant.
6 It shall be prima facie evidence that a person does not have
7 permission of the owner or tenant if the person is unable to
8 demonstrate to the law enforcement officer in the field that
9 permission had been obtained. This provision may only be
10 rebutted by testimony of the owner or tenant that permission
11 had been given. Before enforcing this Section the law
12 enforcement officer must have received notice from the owner
13 or tenant of a violation of this Section. Statements made to
14 the law enforcement officer regarding this notice shall not
15 be rendered inadmissible by the hearsay rule when offered for
16 the purpose of showing the required notice.
17 (u) It is unlawful for any person to discharge any
18 firearm for the purpose of taking any of the species
19 protected by this Act, or hunt with gun or dog, or allow a
20 dog to hunt, within 300 yards of an inhabited dwelling
21 without first obtaining permission from the owner or tenant,
22 except that while trapping, hunting with bow and arrow,
23 hunting with dog and shotgun using shot shells only, or
24 hunting with shotgun using shot shells only, or on licensed
25 game breeding and hunting preserve areas, as defined in
26 Section 3.27, on property operated under a Migratory
27 Waterfowl Hunting Area Permit, on federally owned and managed
28 lands and on Department owned, managed, leased or controlled
29 lands, a 100 yard restriction shall apply.
30 (v) It is unlawful for any person to remove fur-bearing
31 mammals from, or to move or disturb in any manner, the traps
32 owned by another person without written authorization of the
33 owner to do so.
34 (w) It is unlawful for any owner of a dog to knowingly
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1 or wantonly allow his or her dog to pursue, harass or kill
2 deer.
3 (x) It is unlawful for any person to wantonly or
4 carelessly injure or destroy, in any manner whatsoever, any
5 real or personal property on the land of another while
6 engaged in hunting or trapping thereon.
7 (y) It is unlawful to hunt wild game protected by this
8 Act between half hour after sunset and half hour before
9 sunrise except that hunting hours between half hour after
10 sunset and half hour before sunrise may be established by
11 administrative rule for fur-bearing mammals.
12 (z) It is unlawful to take any game bird (excluding wild
13 turkeys), migratory game birds or migratory waterfowl
14 protected by this Act when not flying. Nothing in this
15 Section shall prohibit a person from carrying an uncased,
16 unloaded shotgun in a boat, while in pursuit of a crippled
17 migratory waterfowl that is incapable of flight, for the
18 purpose of attempting to reduce the migratory waterfowl to
19 possession, provided that the attempt is made immediately
20 upon downing the migratory waterfowl and is done within 200
21 yards of the blind from which the migratory waterfowl was
22 downed. This exception shall apply only to migratory game
23 birds that are not capable of flight. Migratory waterfowl
24 that are crippled may be taken only with a shotgun as
25 regulated by subsection (j) of this Section using shotgun
26 shells as regulated in subsection (k) of this Section.
27 (aa) It is unlawful to use or possess any device that
28 may be used for tree climbing or cutting, while hunting
29 fur-bearing mammals.
30 (bb) It is unlawful for any person, except licensed game
31 breeders, pursuant to Section 2.29 to import, carry into or
32 possess alive in this State, any species of wildlife taken
33 outside of this State without obtaining permission to do so
34 from the Director.
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1 (cc) It is unlawful for any person to have in their
2 possession any freshly killed species protected by this Act
3 during the season closed for taking.
4 (dd) It is unlawful to take any species protected by
5 this Act and retain it alive.
6 (ee) It is unlawful to possess any rifle while in the
7 field during gun deer season except as provided in Section
8 2.26 and administrative rules.
9 (ff) It is unlawful for any person to take any species
10 protected by this Act, except migratory waterfowl, during the
11 gun deer hunting season in those counties open to gun deer
12 hunting, unless he wears, when in the field, a cap and upper
13 outer garment of a solid blaze orange color, with such
14 articles of clothing displaying a minimum of 400 square
15 inches of blaze orange material.
16 (gg) It is unlawful during the upland game season for
17 any person to take upland game with a firearm unless he or
18 she wears, while in the field, a cap of solid blaze orange
19 color. For purposes of this Act, upland game is defined as
20 Bobwhite Quail, Hungarian Partridge, Ring-necked Pheasant,
21 Eastern Cottontail and Swamp Rabbit.
22 (hh) It shall be unlawful to kill or cripple any species
23 protected by this Act for which there is a daily bag limit
24 without making a reasonable effort to retrieve such species
25 and include such in the daily bag limit.
26 (ii) It is unlawful for any person to instigate,
27 promote, aid, or abet as a principal, agent, employee,
28 participant, or spectator, or participate in the earnings
29 from, or intentionally maintain or allow any place to be used
30 for the shooting, killing, or wounding with a firearm or
31 other deadly weapon of any bird or mammal that is tied,
32 staked out, caged, or otherwise intentionally confined in a
33 man-made enclosure, regardless of size. Nothing in this
34 subsection prohibits the shooting of any wild game in its
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1 wild state or at a permitted exotic game hunting area or the
2 shooting of game birds or migratory game birds at a State
3 game farm or a licensed game breeding and hunting preserve.
4 This Section shall apply only to those species protected
5 by this Act taken within the State. Any species or any parts
6 thereof, legally taken in and transported from other states
7 or countries may be possessed within the State, except as
8 provided in this Section and Sections 2.35, 2.36 and 3.21.
9 Nothing contained in this Section shall prohibit the use
10 of bow and arrow, or prevent the Director from issuing
11 permits to use a crossbow to take deer to handicapped
12 persons. As used herein, "handicapped persons" means those
13 persons who have a permanent physical impairment due to
14 injury or disease, congenital or acquired, which renders them
15 so severely disabled as to be unable to use a conventional
16 bow and arrow device. Permits will be issued only after the
17 receipt of a physician's statement confirming the applicant
18 is handicapped as defined above.
19 Nothing contained in this Section shall prohibit the
20 Director from issuing permits to paraplegics or persons
21 physically unable to walk, to shoot or hunt from a standing
22 vehicle, provided that such is otherwise in accord with this
23 Act.
24 Nothing contained in this Act shall prohibit the taking
25 of aquatic life protected by the Fish Code or birds and
26 mammals protected by this Act, except deer and fur-bearing
27 mammals, from a boat not camouflaged or disguised to alter
28 its identity or to further provide a place of concealment and
29 not propelled by sail or mechanical power. However, only
30 shotguns not larger than 10 gauge nor smaller than .410 bore
31 loaded with not more than 3 shells of a shot size no larger
32 than lead BB or steel T (.20 diameter) may be used to take
33 species protected by this Act.
34 Nothing contained in this Act shall prohibit the use of a
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1 shotgun, not larger than 10 gauge nor smaller than a 20
2 gauge, with a rifled barrel.
3 (Source: P.A. 88-468; 88-598, eff. 8-31-94; 89-341, eff.
4 8-17-95.)