Rep. Jim Durkin

Filed: 3/26/2014





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2    AMENDMENT NO. ______. Amend House Bill 5894, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Wildlife Code is amended by changing
6Section 1.19 as follows:
7    (520 ILCS 5/1.19)  (from Ch. 61, par. 1.19)
8    Sec. 1.19. All authorized employees of the Department are
9empowered, pursuant to law, to enter all lands and waters to
10enforce the provisions of this Code Act. Authorized employees
11with a reasonable suspicion that they will find evidence of a
12violation of this Code may are further empowered to examine all
13buildings, private or public clubs (except dwellings), fish
14markets, cold storage houses, locker plants, camps, vessels,
15cars (except sealed railroad cars or other sealed common
16carrier), conveyances, vehicles, watercraft or other means of



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1transportation or shipping whatsoever, tents, game bags, game
2coats or other receptacles, and to open and examine any box,
3barrel, package, or other receptacle in the possession of a
4common carrier, which might contain they have reason to believe
5contains wild birds or any part thereof (their nests or eggs),
6or wild mammals or any part thereof, taken, destroyed, bought,
7sold or bartered, shipped, or held in possession contrary to
8any of the provisions of this Code Act, including
9administrative rules, or that the receptacle containing the
10same is falsely labeled.
11    All authorized employees of the Department shall be given
12free access to and shall not be hindered or interfered with in
13making such examination, and any license issued by the
14Department held by the person preventing such free access or
15interfering with or hindering such authorized employee shall be
16subject to confiscation by the Department; and no license or
17permit of any kind whatsoever shall be issued to such person
18for the period of one year thereafter.
19    Authorized law enforcement employees of the Department are
20empowered to conduct examination of equipment and devices in
21the field, pursuant to law, to ensure compliance with the
22provisions of this Code Act.
23    However, no employee of the Department shall search any
24home or its curtilage without a valid warrant, permission, or
25probable cause that the home or its curtilage contains evidence
26of a violation of this Code.



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1    In determining what constitutes "curtilage", the
2Department shall consider, but is not limited to considering,
3the proximity of the area to the home, whether the area is
4included within an enclosure surrounding the home, the nature
5of the uses to which the area is put, the steps taken by the
6resident to protect the area from observation by people passing
7by, or any combination of these factors.
8(Source: P.A. 85-152.)
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".