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92nd General Assembly

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Public Act 92-0325

SB874 Enrolled                                 LRB9201988RCcd

    AN ACT concerning hunting.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Wildlife  Code  is amended by changing
Section 2.33 as follows:

    (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
    Sec. 2.33. Prohibitions.
    (a)  It is unlawful to carry or possess any  gun  in  any
State  refuge  unless  otherwise  permitted by administrative
rule.
    (b)  It is unlawful  to  use  or  possess  any  snare  or
snare-like  device,  deadfall,  net,  or pit trap to take any
species, except that snares not powered by springs  or  other
mechanical  devices  may be used to trap fur-bearing mammals,
in water sets only, if at least one-half of the  snare  noose
is located underwater at all times.
    (c)  It  is unlawful for any person at any time to take a
wild mammal protected by this Act from its den  by  means  of
any  mechanical  device,  spade,  or digging device or to use
smoke or other gases to dislodge or remove such mammal except
as provided in Section 2.37.
    (d)  It is unlawful to use a ferret or  any  other  small
mammal  which is used in the same or similar manner for which
ferrets are used for the purpose of  frightening  or  driving
any mammals from their dens or hiding places.
    (e)  (Blank).
    (f)  It  is  unlawful  to  use spears, gigs, hooks or any
like device to take any species protected by this Act.
    (g)  It  is  unlawful  to  use  poisons,   chemicals   or
explosives for the purpose of taking any species protected by
this Act.
    (h)  It is unlawful to hunt adjacent to or near any peat,
grass,  brush  or  other  inflammable  substance  when  it is
burning.
    (i)  It is unlawful to  take,  pursue   or  intentionally
harass  or disturb in any manner any wild birds or mammals by
use or aid of any vehicle or conveyance, except as  permitted
by  the  Code  of  Federal  Regulations  for  the  taking  of
waterfowl.  It  is  also  unlawful  to  use the lights of any
vehicle  or  conveyance  or  any  light  from  or  any  light
connected to such vehicle or conveyance  in  any  area  where
wildlife  may be found except in accordance with Section 2.37
of this Act, however, nothing in this Section shall  prohibit
the normal use of headlamps for the purpose of driving upon a
roadway and except that striped skunk, opossum, red fox, gray
fox,  raccoon  and coyote may be taken during the open season
by use of a  small  light  which  is  worn  on  the  body  or
hand-held by a person on foot and not in any vehicle.
    (j)  It  is  unlawful  to  use any shotgun larger than 10
gauge while taking or attempting to take any of  the  species
protected by this Act.
    (k)  It  is  unlawful  to use or possess in the field any
shotgun shell loaded with a shot size larger than lead BB  or
steel T (.20 diameter)  when taking or attempting to take any
species  of  wild game mammals (excluding white-tailed deer),
wild game birds, migratory waterfowl or migratory game  birds
protected  by  this Act, except white-tailed deer as provided
for in Section 2.26 and other  species  as  provided  for  by
subsection (l) or administrative rule.
    (l)  It  is  unlawful  to  take any species of wild game,
except white-tailed deer, with a shotgun  loaded  with  slugs
unless otherwise provided for by administrative rule.
    (m)  It is unlawful to use any shotgun capable of holding
more  than  3  shells  in  the  magazine or chamber combined,
except on game breeding and hunting preserve  areas  licensed
under  Section  3.27  and  except as permitted by the Code of
Federal Regulations for  the  taking  of  waterfowl.  If  the
shotgun  is  capable of holding more than 3 shells, it shall,
while being used on an area other than a  game  breeding  and
shooting  preserve area licensed pursuant to Section 3.27, be
fitted with a one piece  plug  that  is  irremovable  without
dismantling  the  shotgun  or  otherwise altered to render it
incapable of holding more than 3 shells in the  magazine  and
chamber, combined.
    (n)  It  is  unlawful  for any person, except persons who
possess a permit to hunt from a vehicle as provided  in  this
Section  and  persons  otherwise permitted by law, to have or
carry any gun in or on any vehicle, conveyance  or  aircraft,
unless  such  gun  is unloaded and enclosed in a case, except
that at field trials authorized by Section 2.34 of this  Act,
unloaded  guns or guns loaded with blank cartridges only, may
be carried on horseback while not contained in a case, or  to
have  or  carry  any bow or arrow device in or on any vehicle
unless such bow or arrow device is unstrung or enclosed in  a
case, or otherwise made inoperable.
    (o)  It  is  unlawful to use any crossbow for the purpose
of taking any wild birds or mammals, except as  provided  for
in Section 2.33.
    (p)  It  is  unlawful  to take game birds, migratory game
birds or migratory waterfowl with a rifle,  pistol,  revolver
or airgun.
    (q)  It  is unlawful to fire a rifle, pistol, revolver or
airgun on, over or into any waters of this  State,  including
frozen waters.
    (r)  It is unlawful to discharge any gun or bow and arrow
device  along,  upon, across, or from any public right-of-way
or highway in this State.
    (s)  It is unlawful to use a silencer or other device  to
muffle or mute the sound of the explosion or report resulting
from the firing of any gun.
    (t)  It  is  unlawful  for any person to trap or hunt, or
allow a dog to hunt, within or upon the land of  another,  or
upon  waters flowing over or standing on the land of another,
without first obtaining permission from the owner or  tenant.
It  shall be prima facie evidence that a person does not have
permission of the owner or tenant if the person is unable  to
demonstrate  to the law enforcement officer in the field that
permission had been obtained.  This  provision  may  only  be
rebutted  by testimony of the owner or tenant that permission
had  been  given.  Before  enforcing  this  Section  the  law
enforcement officer must have received notice from the  owner
or  tenant of a violation of this Section. Statements made to
the law enforcement officer regarding this notice  shall  not
be rendered inadmissible by the hearsay rule when offered for
the purpose of showing the required notice.
    (u)  It  is  unlawful  for  any  person  to discharge any
firearm  for  the  purpose  of  taking  any  of  the  species
protected by this Act, or hunt with gun or dog,  or  allow  a
dog  to  hunt,  within  300  yards  of  an inhabited dwelling
without first obtaining permission from the owner or  tenant,
except  that  while  trapping,  hunting  with  bow and arrow,
hunting with dog and  shotgun  using  shot  shells  only,  or
hunting  with  shotgun using shot shells only, or on licensed
game breeding and  hunting  preserve  areas,  as  defined  in
Section   3.27,   on  property  operated  under  a  Migratory
Waterfowl Hunting Area Permit, on federally owned and managed
lands and on Department owned, managed, leased or  controlled
lands, a 100 yard restriction shall apply.
    (v)  It  is unlawful for any person to remove fur-bearing
mammals from, or to move or disturb in any manner, the  traps
owned  by another person without written authorization of the
owner to do so.
    (w)  It is unlawful for any owner of a dog  to  knowingly
or  wantonly  allow  his or her dog to pursue, harass or kill
deer.
    (x)  It  is  unlawful  for  any  person  to  wantonly  or
carelessly injure or destroy, in any manner  whatsoever,  any
real  or  personal  property  on  the  land  of another while
engaged in hunting or trapping thereon.
    (y)  It is unlawful to hunt wild game protected  by  this
Act  between  half  hour  after  sunset  and half hour before
sunrise except that hunting hours  between  half  hour  after
sunset  and  half  hour  before sunrise may be established by
administrative rule for fur-bearing mammals.
    (z)  It is unlawful to take any game bird (excluding wild
turkeys and crippled pheasants not capable of  normal  flight
and  otherwise  irretrievable) protected by this Act when not
flying. Nothing in this Section shall prohibit a person  from
carrying  an  uncased,  unloaded  shotgun in a boat, while in
pursuit of a crippled migratory waterfowl that  is  incapable
of normal flight, for the purpose of attempting to reduce the
migratory  waterfowl to possession, provided that the attempt
is made immediately upon downing the migratory waterfowl  and
is  done  within  400  yards  of  the  blind  from  which the
migratory waterfowl was downed. This  exception  shall  apply
only  to  migratory game birds that are not capable of normal
flight.  Migratory waterfowl that are crippled may  be  taken
only  with  a  shotgun as regulated by subsection (j) of this
Section using shotgun shells as regulated in  subsection  (k)
of this Section.
    (aa)  It  is  unlawful  to use or possess any device that
may be used for  tree  climbing  or  cutting,  while  hunting
fur-bearing mammals.
    (bb)  It is unlawful for any person, except licensed game
breeders,  pursuant  to Section 2.29 to import, carry into or
possess alive in this State, any species  of  wildlife  taken
outside  of  this State without obtaining permission to do so
from the Director.
    (cc)  It is unlawful for any  person  to  have  in  their
possession  any  freshly killed species protected by this Act
during the season closed for taking.
    (dd)  It is unlawful to take  any  species  protected  by
this Act and retain it alive.
    (ee)  It  is  unlawful  to possess any rifle while in the
field during gun deer season except as  provided  in  Section
2.26 and administrative rules.
    (ff)  It  is  unlawful for any person to take any species
protected by this Act, except migratory waterfowl, during the
gun deer hunting season in those counties open  to  gun  deer
hunting,  unless he wears, when in the field, a cap and upper
outer garment of  a  solid  blaze  orange  color,  with  such
articles  of  clothing  displaying  a  minimum  of 400 square
inches of blaze orange material.
    (gg)  It is unlawful during the upland  game  season  for
any  person  to  take upland game with a firearm unless he or
she wears, while in the field, a cap of  solid  blaze  orange
color.   For  purposes of this Act, upland game is defined as
Bobwhite Quail, Hungarian  Partridge,  Ring-necked  Pheasant,
Eastern Cottontail and Swamp Rabbit.
    (hh)  It shall be unlawful to kill or cripple any species
protected  by  this  Act for which there is a daily bag limit
without making a reasonable effort to retrieve  such  species
and include such in the daily bag limit.
    This  Section shall apply only to those species protected
by this Act taken within the State.  Any species or any parts
thereof, legally taken in and transported from  other  states
or  countries  may  be  possessed within the State, except as
provided in this Section and Sections 2.35, 2.36 and 3.21.
    Nothing contained in this Section shall prohibit the  use
of  bow  and  arrow,  or  prevent  the  Director from issuing
permits to use a crossbow to handicapped persons as  provided
by administrative rule. As used herein, "handicapped persons"
means  those persons who have a permanent physical impairment
due to injury  or  disease,  congenital  or  acquired,  which
renders  them  so  severely disabled as to be unable to use a
conventional bow and arrow device.  Permits  will  be  issued
only  after the receipt of a physician's statement confirming
the applicant is handicapped as defined above.
    Nothing contained in  this  Section  shall  prohibit  the
Director  from  issuing  permits  to  paraplegics or to other
disabled persons who  meet  the  requirements  set  forth  in
administrative  rule  persons  physically  unable to walk, to
shoot or hunt from a standing vehicle  as  provided  by  that
rule,  provided  that  such  is otherwise in accord with this
Act.
    Nothing contained in this Act shall prohibit  the  taking
of  aquatic  life  protected  by  the  Fish Code or birds and
mammals protected by this Act, except deer  and   fur-bearing
mammals,  from  a  boat not camouflaged or disguised to alter
its identity or to further provide a place of concealment and
not propelled by sail or  mechanical  power.   However,  only
shotguns  not larger than 10 gauge nor smaller than .410 bore
loaded with not more than 3 shells of a shot size  no  larger
than  lead  BB  or steel T (.20 diameter) may be used to take
species protected by this Act.
    Nothing contained in this Act shall prohibit the use of a
shotgun, not larger than 10  gauge  nor  smaller  than  a  20
gauge, with a rifled barrel.
(Source: P.A. 90-743, eff. 1-1-99; 91-654, eff. 12-15-99.)

    Section  10.  The  Criminal  Code  of  1961 is amended by
changing Section 24-2 as follows:

    (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
    Sec. 24-2.  Exemptions.
    (a)  Subsections 24-1(a)(3), 24-1(a)(4)  and  24-1(a)(10)
and  Section  24-1.6  do  not  apply  to or affect any of the
following:
         (1)  Peace officers, and any person  summoned  by  a
    peace  officer  to assist in making arrests or preserving
    the peace,  while  actually  engaged  in  assisting  such
    officer.
         (2)  Wardens,   superintendents   and   keepers   of
    prisons, penitentiaries, jails and other institutions for
    the  detention  of  persons  accused  or  convicted of an
    offense, while in the performance of their official duty,
    or while commuting between  their  homes  and  places  of
    employment.
         (3)  Members of the Armed Services or Reserve Forces
    of  the  United  States or the Illinois National Guard or
    the  Reserve  Officers  Training  Corps,  while  in   the
    performance of their official duty.
         (4)  Special  agents  employed  by  a  railroad or a
    public utility to perform police functions, and guards of
    armored car companies,  while  actually  engaged  in  the
    performance   of   the  duties  of  their  employment  or
    commuting between their homes and places  of  employment;
    and watchmen while actually engaged in the performance of
    the duties of their employment.
         (5)  Persons    licensed    as    private   security
    contractors,  private  detectives,   or   private   alarm
    contractors,  or  employed  by an agency certified by the
    Department of Professional Regulation,  if  their  duties
    include  the carrying of a weapon under the provisions of
    the  Private  Detective,  Private  Alarm,   and   Private
    Security  Act  of  1983,  while  actually  engaged in the
    performance  of  the  duties  of  their   employment   or
    commuting  between  their homes and places of employment,
    provided that such commuting is accomplished  within  one
    hour  from departure from home or place of employment, as
    the case may be.  Persons exempted under this subdivision
    (a)(5) shall be required to have completed  a  course  of
    study  in  firearms  handling  and  training approved and
    supervised by the Department of  Professional  Regulation
    as  prescribed  by  Section  28 of the Private Detective,
    Private Alarm, and Private Security Act of 1983, prior to
    becoming eligible for this exemption.  The Department  of
    Professional    Regulation    shall    provide   suitable
    documentation demonstrating the successful completion  of
    the  prescribed  firearms  training.   Such documentation
    shall be carried at all times when such  persons  are  in
    possession of a concealable weapon.
         (6)  Any  person  regularly employed in a commercial
    or industrial operation  as  a  security  guard  for  the
    protection  of  persons  employed  and  private  property
    related to such commercial or industrial operation, while
    actually engaged in the performance of his or her duty or
    traveling  between  sites  or properties belonging to the
    employer, and who, as a security guard, is a member of  a
    security  force of at least 5 persons registered with the
    Department of Professional Regulation; provided that such
    security guard has successfully  completed  a  course  of
    study,  approved  by  and supervised by the Department of
    Professional Regulation, consisting of not less  than  40
    hours  of  training  that  includes  the  theory  of  law
    enforcement,  liability  for  acts,  and  the handling of
    weapons.  A person shall be considered eligible for  this
    exemption  if  he  or  she  has completed the required 20
    hours of training for a security officer and 20 hours  of
    required  firearm training, and has been issued a firearm
    authorization card  by  the  Department  of  Professional
    Regulation.    Conditions  for  the  renewal  of  firearm
    authorization cards issued under the provisions  of  this
    Section shall be the same as for those cards issued under
    the  provisions  of  the Private Detective, Private Alarm
    and  Private  Security  Act  of   1983.    Such   firearm
    authorization card shall be carried by the security guard
    at  all  times  when  he  or  she  is  in possession of a
    concealable weapon.
         (7)  Agents  and  investigators  of   the   Illinois
    Legislative  Investigating  Commission  authorized by the
    Commission to carry the weapons specified in  subsections
    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
    any investigation for the Commission.
         (8)  Persons employed by a financial institution for
    the protection of other employees and property related to
    such financial institution, while actually engaged in the
    performance  of  their  duties,  commuting  between their
    homes and places  of  employment,  or  traveling  between
    sites  or  properties owned or operated by such financial
    institution, provided that any  person  so  employed  has
    successfully completed a course of study, approved by and
    supervised  by the Department of Professional Regulation,
    consisting of not less than 40 hours  of  training  which
    includes  theory  of law enforcement, liability for acts,
    and the handling of weapons. A person shall be considered
    to be eligible for  this  exemption  if  he  or  she  has
    completed  the  required  20  hours  of  training  for  a
    security   officer  and  20  hours  of  required  firearm
    training, and has been  issued  a  firearm  authorization
    card   by  the  Department  of  Professional  Regulation.
    Conditions for renewal  of  firearm  authorization  cards
    issued  under the provisions of this Section shall be the
    same as for those issued  under  the  provisions  of  the
    Private Detective, Private Alarm and Private Security Act
    of  1983.   Such  firearm  authorization  card  shall  be
    carried  by  the person so trained at all times when such
    person is in possession of  a  concealable  weapon.   For
    purposes  of  this  subsection,  "financial  institution"
    means  a bank, savings and loan association, credit union
    or company providing armored car services.
         (9)  Any person employed by an armored  car  company
    to  drive  an  armored car, while actually engaged in the
    performance of his duties.
         (10)  Persons who  have  been  classified  as  peace
    officers pursuant to the Peace Officer Fire Investigation
    Act.
         (11)  Investigators  of  the  Office  of the State's
    Attorneys Appellate Prosecutor authorized by the board of
    governors  of  the  Office  of  the   State's   Attorneys
    Appellate Prosecutor to carry weapons pursuant to Section
    7.06 of the State's Attorneys Appellate Prosecutor's Act.
         (12)  Special  investigators  appointed by a State's
    Attorney under Section 3-9005 of the Counties Code.
         (13)  Court   Security   Officers   while   in   the
    performance of their official duties, or while  commuting
    between  their  homes  and places of employment, with the
    consent of the Sheriff.
         (13.5)  A person employed as an armed security guard
    at a nuclear energy, storage, weapons or development site
    or  facility  regulated   by   the   Nuclear   Regulatory
    Commission who has completed the background screening and
    training  mandated  by  the  rules and regulations of the
    Nuclear Regulatory Commission.
         (14)  Manufacture,  transportation,   or   sale   of
    weapons  to  persons  authorized  under  subdivisions (1)
    through  (13.5)  of  this  subsection  to  possess  those
    weapons.
    (b)  Subsections 24-1(a)(4) and 24-1(a)(10)  and  Section
24-1.6 do not apply to or affect any of the following:
         (1)  Members  of  any club or organization organized
    for the purpose of practicing shooting  at  targets  upon
    established target ranges, whether public or private, and
    patrons of such ranges, while such members or patrons are
    using their firearms on those target ranges.
         (2)  Duly authorized military or civil organizations
    while  parading,  with  the  special  permission  of  the
    Governor.
         (3)  Licensed  Hunters, trappers or fishermen with a
    license or permit while engaged in hunting,  trapping  or
    fishing.
         (4)  Transportation  of weapons that are broken down
    in  a  non-functioning  state  or  are  not   immediately
    accessible.
    (c)  Subsection  24-1(a)(7)  does  not apply to or affect
any of the following:
         (1)  Peace officers while in  performance  of  their
    official duties.
         (2)  Wardens,   superintendents   and   keepers   of
    prisons, penitentiaries, jails and other institutions for
    the  detention  of  persons  accused  or  convicted of an
    offense.
         (3)  Members of the Armed Services or Reserve Forces
    of the United States  or  the  Illinois  National  Guard,
    while in the performance of their official duty.
         (4)  Manufacture, transportation, or sale of machine
    guns to persons authorized under subdivisions (1) through
    (3)  of  this  subsection to possess machine guns, if the
    machine guns are broken down in a  non-functioning  state
    or are not immediately accessible.
         (5)  Persons   licensed   under   federal   law   to
    manufacture  any  weapon  from  which  8 or more shots or
    bullets can be discharged by a  single  function  of  the
    firing  device,  or  ammunition  for  such  weapons,  and
    actually  engaged  in  the business of manufacturing such
    weapons  or  ammunition,  but  only   with   respect   to
    activities  which  are  within  the  lawful scope of such
    business, such as  the  manufacture,  transportation,  or
    testing  of  such  weapons or ammunition.  This exemption
    does not authorize the general private possession of  any
    weapon  from  which  8  or  more  shots or bullets can be
    discharged by a single function of the firing device, but
    only such possession and activities  as  are  within  the
    lawful   scope   of  a  licensed  manufacturing  business
    described in this paragraph.
         During transportation, such weapons shall be  broken
    down  in  a  non-functioning  state  or  not  immediately
    accessible.
         (6)  The  manufacture, transport, testing, delivery,
    transfer  or  sale,  and   all   lawful   commercial   or
    experimental  activities  necessary  thereto,  of rifles,
    shotguns, and weapons made from rifles  or  shotguns,  or
    ammunition  for  such  rifles, shotguns or weapons, where
    engaged in by a  person  operating  as  a  contractor  or
    subcontractor  pursuant  to a contract or subcontract for
    the development and  supply  of  such  rifles,  shotguns,
    weapons  or ammunition to the United States government or
    any branch of the Armed Forces of the United States, when
    such activities are necessary and incident to  fulfilling
    the terms of such contract.
         The  exemption granted under this subdivision (c)(6)
    shall also apply to any  authorized  agent  of  any  such
    contractor  or  subcontractor who is operating within the
    scope of his employment, where such activities  involving
    such  weapon,  weapons  or  ammunition  are necessary and
    incident to fulfilling the terms of such contract.
         During transportation,  any  such  weapon  shall  be
    broken   down   in   a   non-functioning  state,  or  not
    immediately accessible.
    (d)  Subsection  24-1(a)(1)  does  not   apply   to   the
purchase,   possession   or   carrying  of  a  black-jack  or
slung-shot by a peace officer.
    (e)  Subsection 24-1(a)(8) does not apply to  any  owner,
manager or authorized employee of any place specified in that
subsection nor to any law enforcement officer.
    (f)  Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
Section  24-1.6  do  not  apply  to  members  of  any club or
organization organized for the purpose of practicing shooting
at targets upon established target ranges, whether public  or
private, while using their firearms on those target ranges.
    (g)  Subsections  24-1(a)(11)  and  24-3.1(a)(6)  do  not
apply to:
         (1)  Members of the Armed Services or Reserve Forces
    of  the  United  States  or  the Illinois National Guard,
    while in the performance of their official duty.
         (2)  Bonafide  collectors  of  antique  or   surplus
    military ordinance.
         (3)  Laboratories  having  a  department of forensic
    ballistics,  or  specializing  in  the   development   of
    ammunition or explosive ordinance.
         (4)  Commerce,  preparation,  assembly or possession
    of  explosive  bullets  by  manufacturers  of  ammunition
    licensed by the federal government,  in  connection  with
    the supply of those organizations and persons exempted by
    subdivision (g)(1) of this Section, or like organizations
    and  persons outside this State, or the transportation of
    explosive bullets to any organization or person  exempted
    in this Section by a common carrier or by a vehicle owned
    or leased by an exempted manufacturer.
    (h)  An  information or indictment based upon a violation
of any subsection of  this  Article  need  not  negative  any
exemptions  contained  in  this Article.  The defendant shall
have the burden of proving such an exemption.
    (i)  Nothing in this Article shall prohibit, apply to, or
affect the transportation, carrying, or  possession,  of  any
pistol  or  revolver,  stun  gun,  taser,  or  other  firearm
consigned  to a common carrier operating under license of the
State of Illinois  or  the  federal  government,  where  such
transportation,  carrying,  or  possession is incident to the
lawful  transportation  in  which  such  common  carrier   is
engaged;  and  nothing  in this Article shall prohibit, apply
to, or affect the transportation, carrying, or possession  of
any  pistol, revolver, stun gun, taser, or other firearm, not
the subject of and  regulated  by  subsection  24-1(a)(7)  or
subsection  24-2(c)  of  this  Article, which is unloaded and
enclosed in a case, firearm carrying box,  shipping  box,  or
other  container,  by the possessor of a valid Firearm Owners
Identification Card.
(Source: P.A. 91-287, eff. 1-1-00; 91-690, eff. 4-13-00.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly May 16, 2001.
    Approved August 09, 2001.

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