Public Act 90-0555 of the 90th General Assembly
Public Act 90-0555
HB1051 Re-Enrolled LRB9004124DJpk
AN ACT concerning hunting and conservation land uses.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Hunter Interference Prohibition Act is
amended by changing Sections 1, 2, and 3 as follows:
(720 ILCS 125/1) (from Ch. 61, par. 301)
Sec. 1. Definitions. As used in this Act:
"Interfere with" means to take any action that physically
impedes, hinders, or obstructs the lawful taking of a wild
animal.
a. "Wild animal" means any wild creature the taking of
which is authorized by the Fish and Aquatic Life Code or the
wildlife, fish, and game laws of this the State and includes
those species that are lawfully released by properly licensed
permittees of the Department of Natural Resources.
b. "Taking", means the capture or killing of a wild
animal and includes travel, camping, and other acts
preparatory to taking which occur on lands or waters upon
which the affected person has the right or privilege to take
such wild animal.
(Source: P.A. 83-153.)
(720 ILCS 125/2) (from Ch. 61, par. 302)
Sec. 2. Any person who performs any of the following is
guilty of a Class B misdemeanor:
(a) Wilfully obstructs or interferes with the lawful
taking of a wild animals animal by another person with the
specific intent to prevent that lawful the taking.
(b) (Blank). Disturbs or engages in an activity that
will tend to disturb wild animals, with intent to prevent
their lawful taking.
(c) (Blank). Disturbs another person who is engaged in
the lawful taking of a wild animal or who is engaged in the
process of taking, with intent to dissuade or otherwise
prevent the taking.
(d) (Blank). Enters or remains upon public lands, or
upon private lands without permission of the owner or his
agent or a lessee, with intent to violate this Section.
A person violates this Section when he or she
intentionally or knowingly engages in any of the following
acts:
(1) Drives or disturbs wild animals for the purpose
of disrupting a lawful taking of wild animals.
(2) Blocks, impedes, or physically harasses another
person who is engaged in the process of lawfully taking a
wild animal.
(3) Uses natural or artificial visual, aural,
olfactory, gustatory, or physical stimuli to affect
animal behavior in order to hinder or prevent the lawful
taking of a wild animal.
(4) Erects barriers with the intent to deny ingress
or egress to or from areas where the lawful taking of
wild animals may occur.
(5) Intentionally interjects himself or herself
into the line of fire of a person lawfully taking wild
animals.
(6) Affects the physical condition or placement of
personal or public property intended for use in the
lawful taking of a wild animal in order to impair the
usefulness of the property or prevent the use of the
property.
(7) Enters or remains upon or over private lands
without the permission of the owner or the owner's agent,
with the intent to violate this Section.
This Section does not apply to actions performed by
authorized employees of the Department of Natural Resources,
duly accredited officers of the U.S. Fish and Wildlife
Service, sheriffs, deputy sheriffs, or other peace officers
if the actions are authorized by law and are necessary for
the performance of their official duties.
This Section does not apply to landowners, tenants, or
lease holders exercising their legal rights to the enjoyment
of land, including, but not limited to, farming and
restricting trespass.
It is an affirmative defense to a prosecution for a
violation of this Section that the defendant's conduct is
protected by his or her right to freedom of speech under the
constitution of this State or the United States.
Any interested parties may engage in protests or other
free speech activities adjacent to or on the perimeter of the
location where the lawful taking of wild animals is taking
place, provided that none of the provisions of this Section
are being violated.
(Source: P.A. 88-397.)
(720 ILCS 125/3) (from Ch. 61, par. 303)
Sec. 3. Any person who knowingly performs any of the
following acts is guilty of a Class A misdemeanor:
(a) Fails to obey the order of a peace officer to desist
from conduct in violation of Section 2 of this Act if the
officer observes such conduct, or has reasonable grounds to
believe that the person has engaged in such conduct that day
or that the person plans or intends to engage in such conduct
that day on a specific premises.
(b) Is guilty convicted of a second or subsequent
violation of Section 2. For purposes of this Section, a
"second or subsequent violation" means a conviction under
this Act within 2 years of a prior violation arising from a
separate set of circumstances. The sentence of any person
convicted of a second or subsequent violation shall include
imprisonment for not less than 7 days. A person guilty
convicted of a second or subsequent violation is not eligible
for court supervision.
(Source: P.A. 88-397.)
Section 99. Effective date. This Act takes effect upon
becoming law.