HB5894 EngrossedLRB098 19043 MGM 54193 b

1    AN ACT concerning wildlife.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Wildlife Code is amended by changing Section
51.19 as follows:
6    (520 ILCS 5/1.19)  (from Ch. 61, par. 1.19)
7    Sec. 1.19. All authorized employees of the Department are
8empowered, pursuant to law, to enter all lands and waters to
9enforce the provisions of this Code Act. Authorized employees
10with a reasonable suspicion that they will find evidence of a
11violation of this Code may are further empowered to examine all
12buildings, private or public clubs (except dwellings), fish
13markets, cold storage houses, locker plants, camps, vessels,
14cars (except sealed railroad cars or other sealed common
15carrier), conveyances, vehicles, watercraft or other means of
16transportation or shipping whatsoever, tents, game bags, game
17coats or other receptacles, and to open and examine any box,
18barrel, package, or other receptacle in the possession of a
19common carrier, which might contain they have reason to believe
20contains wild birds or any part thereof (their nests or eggs),
21or wild mammals or any part thereof, taken, destroyed, bought,
22sold or bartered, shipped, or held in possession contrary to
23any of the provisions of this Code Act, including



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1administrative rules, or that the receptacle containing the
2same is falsely labeled.
3    All authorized employees of the Department shall be given
4free access to and shall not be hindered or interfered with in
5making such examination, and any license issued by the
6Department held by the person preventing such free access or
7interfering with or hindering such authorized employee shall be
8subject to confiscation by the Department; and no license or
9permit of any kind whatsoever shall be issued to such person
10for the period of one year thereafter.
11    Authorized law enforcement employees of the Department are
12empowered to conduct examination of equipment and devices in
13the field, pursuant to law, to ensure compliance with the
14provisions of this Code Act.
15    However, no employee of the Department shall search any
16home or its curtilage without a valid warrant, permission, or
17probable cause that the home or its curtilage contains evidence
18of a violation of this Code.
19    In determining what constitutes "curtilage", the
20Department shall consider, but is not limited to considering,
21the proximity of the area to the home, whether the area is
22included within an enclosure surrounding the home, the nature
23of the uses to which the area is put, the steps taken by the
24resident to protect the area from observation by people passing
25by, or any combination of these factors.
26(Source: P.A. 85-152.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.