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91_HB3912
LRB9111056RCmg
1 AN ACT to amend the Fish and Aquatic Life Code by
2 changing Section 20-35 and adding Section 1-20.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Fish and Aquatic Life Code is amended by
6 changing Section 20-35 and adding Section 1-20.5 as follows:
7 (515 ILCS 5/1-20.5 new)
8 Sec. 1-20.5. Aquatic life farm. "Aquatic life farm"
9 means property: (i) containing any or a combination of levee
10 ponds, a strip mine lake, or other type of lake that has
11 floating cages, raceways, or other aquatic life rearing
12 equipment and (ii) where the owner of the aquatic life farm
13 has posted a conspicuous written notice to that effect. If
14 more than one person owns or has title to the lake, "aquatic
15 life farm" means the area of the lake containing the floating
16 cages, raceways, or other aquatic life rearing equipment.
17 (515 ILCS 5/20-35) (from Ch. 56, par. 20-35)
18 Sec. 20-35. Offenses.
19 (a) Except as prescribed in Section 5-25 and unless
20 otherwise provided in this Code, any person who is found
21 guilty of violating any of the provisions of this Code,
22 including administrative rules, shall be guilty of a petty
23 offense.
24 Any person who violates any of the provisions of Section
25 10-80, including administrative rules relating to that
26 Section, shall be guilty of a Class B misdemeanor.
27 Any person who violates any of the provisions of Section
28 1-200 or 10-55 of this Code, including administrative rules
29 relating to those Sections, shall be guilty of a Class A
30 misdemeanor.
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1 Any person who violates any of the provisions of this
2 Code, including administrative rules, during the 5 years
3 following the revocation of his or her license, permit, or
4 privileges under Section 20-105 shall be guilty of a Class A
5 misdemeanor.
6 Any person who violates Section 5-25 of this Code,
7 including administrative rules, shall be guilty of a Class 3
8 felony.
9 (b)(1) It is unlawful for any person to take or attempt
10 to take aquatic life from any aquatic life farm except with
11 the consent of the owner of the aquatic life farm. Any
12 person possessing fishing tackle on the premises of an
13 aquatic life farm is presumed to be fishing. The presumption
14 may be rebutted by clear and convincing evidence. All fishing
15 tackle, apparatus, and vehicles used in the violation of this
16 subsection (b) shall be confiscated by the arresting officer.
17 If the confiscated property is determined by the circuit
18 court to have been used in the violation of this subsection
19 (b), the confiscated property shall be sold at public auction
20 by the county sheriff of the county where the violation
21 occurred. The proceeds of the sale shall be deposited in the
22 county general fund; provided that the auction may be stayed
23 by an appropriate court order.
24 (2) A violation of paragraph (1) of this subsection (b)
25 is a Class A misdemeanor for a first offense and a Class 4
26 felony for a second or subsequent offense.
27 (c)(1) It is unlawful for any person to trespass on an
28 aquatic life farm located on a strip mine lake or other body
29 of water used for aquatic life farming operations by
30 swimming, scuba diving, or snorkeling in, around, or under
31 the aquatic life farm or by operating a watercraft over,
32 around, or in the aquatic life farm without the consent of
33 the owner of the aquatic life farm.
34 (2) A violation of paragraph (1) of this subsection (c)
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1 is a Class B misdemeanor for a first offense and a Class A
2 misdemeanor for a second or subsequent offense. All fishing
3 tackle, apparatus, and watercraft used in a second or
4 subsequent violation of this subsection (c) shall be
5 confiscated by the arresting officer. If the confiscated
6 property is determined by the circuit court to have been used
7 in a violation of this subsection (c), the confiscated
8 property shall be sold at public auction by the county
9 sheriff of the county where the violation occurred. The
10 proceeds of the sale shall be deposited in the county general
11 fund; provided that the auction may be stayed by an
12 appropriate court order.
13 (d) Offenses committed by minors under the direct
14 control or with the consent of a parent or guardian may
15 subject the parent or guardian to the penalties prescribed in
16 this Section or as otherwise provided in this Code.
17 (e) In addition to any fines imposed under this Section,
18 or as otherwise provided in this Code, any person found
19 guilty of unlawfully taking or possessing any aquatic life
20 protected by this Code shall be assessed a civil penalty for
21 that aquatic life in accordance with the values prescribed in
22 Section 5-25 of this Code. This civil penalty shall be
23 imposed at the time of the conviction by the Circuit Court
24 for the county where the offense was committed. Except as
25 otherwise provided for in subsections (b) and (c) of this
26 Section, all penalties provided for in this Section shall be
27 remitted to the Department in accordance with the provisions
28 of Section 1-180 of this Code.
29 (Source: P.A. 87-798; 87-833; 87-895.)