Sen. William E. Brady

Filed: 4/10/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1831

2    AMENDMENT NO. ______. Amend Senate Bill 1831 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Wildlife Code is amended by changing
5Section 2.33 as follows:
 
6    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
7    Sec. 2.33. Prohibitions.
8    (a) It is unlawful to carry or possess any gun in any State
9refuge unless otherwise permitted by administrative rule.
10    (b) It is unlawful to use or possess any snare or
11snare-like device, deadfall, net, or pit trap to take any
12species, except that snares not powered by springs or other
13mechanical devices may be used to trap fur-bearing mammals, in
14water sets only, if at least one-half of the snare noose is
15located underwater at all times.
16    (c) It is unlawful for any person at any time to take a

 

 

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1wild mammal protected by this Act from its den by means of any
2mechanical device, spade, or digging device or to use smoke or
3other gases to dislodge or remove such mammal except as
4provided in Section 2.37.
5    (d) It is unlawful to use a ferret or any other small
6mammal which is used in the same or similar manner for which
7ferrets are used for the purpose of frightening or driving any
8mammals from their dens or hiding places.
9    (e) (Blank).
10    (f) It is unlawful to use spears, gigs, hooks or any like
11device to take any species protected by this Act.
12    (g) It is unlawful to use poisons, chemicals or explosives
13for the purpose of taking any species protected by this Act.
14    (h) It is unlawful to hunt adjacent to or near any peat,
15grass, brush or other inflammable substance when it is burning.
16    (i) It is unlawful to take, pursue or intentionally harass
17or disturb in any manner any wild birds or mammals by use or
18aid of any vehicle or conveyance, except as permitted by the
19Code of Federal Regulations for the taking of waterfowl. It is
20also unlawful to use the lights of any vehicle or conveyance or
21any light from or any light connected to the vehicle or
22conveyance in any area where wildlife may be found except in
23accordance with Section 2.37 of this Act; however, nothing in
24this Section shall prohibit the normal use of headlamps for the
25purpose of driving upon a roadway. Striped skunk, opossum, red
26fox, gray fox, raccoon and coyote may be taken during the open

 

 

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1season by use of a small light which is worn on the body or
2hand-held by a person on foot and not in any vehicle.
3    (j) It is unlawful to use any shotgun larger than 10 gauge
4while taking or attempting to take any of the species protected
5by this Act.
6    (k) It is unlawful to use or possess in the field any
7shotgun shell loaded with a shot size larger than lead BB or
8steel T (.20 diameter) when taking or attempting to take any
9species of wild game mammals (excluding white-tailed deer),
10wild game birds, migratory waterfowl or migratory game birds
11protected by this Act, except white-tailed deer as provided for
12in Section 2.26 and other species as provided for by subsection
13(l) or administrative rule.
14    (l) It is unlawful to take any species of wild game, except
15white-tailed deer, with a shotgun loaded with slugs unless
16otherwise provided for by administrative rule.
17    (m) It is unlawful to use any shotgun capable of holding
18more than 3 shells in the magazine or chamber combined, except
19on game breeding and hunting preserve areas licensed under
20Section 3.27 and except as permitted by the Code of Federal
21Regulations for the taking of waterfowl. If the shotgun is
22capable of holding more than 3 shells, it shall, while being
23used on an area other than a game breeding and shooting
24preserve area licensed pursuant to Section 3.27, be fitted with
25a one piece plug that is irremovable without dismantling the
26shotgun or otherwise altered to render it incapable of holding

 

 

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1more than 3 shells in the magazine and chamber, combined.
2    (n) It is unlawful for any person, except persons who
3possess a permit to hunt from a vehicle as provided in this
4Section and persons otherwise permitted by law, to have or
5carry any gun in or on any vehicle, conveyance or aircraft,
6unless such gun is unloaded and enclosed in a case, except that
7at field trials authorized by Section 2.34 of this Act,
8unloaded guns or guns loaded with blank cartridges only, may be
9carried on horseback while not contained in a case, or to have
10or carry any bow or arrow device in or on any vehicle unless
11such bow or arrow device is unstrung or enclosed in a case, or
12otherwise made inoperable.
13    (o) It is unlawful to use any crossbow for the purpose of
14taking any wild birds or mammals, except as provided for in
15Section 2.5.
16    (p) It is unlawful to take game birds, migratory game birds
17or migratory waterfowl with a rifle, pistol, revolver or
18airgun.
19    (q) It is unlawful to fire a rifle, pistol, revolver or
20airgun on, over or into any waters of this State, including
21frozen waters.
22    (r) It is unlawful to discharge any gun or bow and arrow
23device along, upon, across, or from any public right-of-way or
24highway in this State.
25    (s) It is unlawful to use a silencer or other device to
26muffle or mute the sound of the explosion or report resulting

 

 

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1from the firing of any gun.
2    (t) It is unlawful for any person to take trap or attempt
3to take any species of wildlife or parts thereof, hunt, or
4intentionally or wantonly allow a dog to hunt, within or upon
5the land of another, or upon waters flowing over or standing on
6the land of another, or to knowingly shoot a gun or bow and
7arrow device at any wildlife physically on or flying over the
8property of another without first obtaining permission from the
9owner or the owner's designee. For the purposes of this
10Section, the owner's designee means anyone who the owner
11designates in a written authorization and the authorization
12must contain (i) the legal or common description of property
13for such authority is given, (ii) the extent that the owner's
14designee is authorized to make decisions regarding who is
15allowed to take or attempt to take any species of wildlife or
16parts thereof, and (iii) the owner's notarized signature.
17tenant. It shall be prima facie evidence that a person does not
18have permission of the owner or tenant if the person is unable
19to demonstrate to the law enforcement officer in the field that
20permission had been obtained. This provision may only be
21rebutted by testimony of the owner or tenant that permission
22had been given. Before enforcing this Section the law
23enforcement officer must have received notice from the owner or
24the owner's designee tenant of a violation of this Section.
25Statements made to the law enforcement officer regarding this
26notice shall not be rendered inadmissible by the hearsay rule

 

 

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1when offered for the purpose of showing the required notice.
2    (u) It is unlawful for any person to discharge any firearm
3for the purpose of taking any of the species protected by this
4Act, or hunt with gun or dog, or intentionally or wantonly
5allow a dog to hunt, within 300 yards of an inhabited dwelling
6without first obtaining permission from the owner or tenant,
7except that while trapping, hunting with bow and arrow, hunting
8with dog and shotgun using shot shells only, or hunting with
9shotgun using shot shells only, or on licensed game breeding
10and hunting preserve areas, as defined in Section 3.27, on
11property operated under a Migratory Waterfowl Hunting Area
12Permit, on federally owned and managed lands and on Department
13owned, managed, leased or controlled lands, a 100 yard
14restriction shall apply.
15    (v) It is unlawful for any person to remove fur-bearing
16mammals from, or to move or disturb in any manner, the traps
17owned by another person without written authorization of the
18owner to do so.
19    (w) It is unlawful for any owner of a dog to knowingly or
20wantonly allow his or her dog to pursue, harass or kill deer,
21except that nothing in this Section shall prohibit the tracking
22of wounded deer with a dog in accordance with the provisions of
23Section 2.26 of this Code.
24    (x) It is unlawful for any person to wantonly or carelessly
25injure or destroy, in any manner whatsoever, any real or
26personal property on the land of another while engaged in

 

 

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1hunting or trapping thereon.
2    (y) It is unlawful to hunt wild game protected by this Act
3between one half hour after sunset and one half hour before
4sunrise, except that hunting hours between one half hour after
5sunset and one half hour before sunrise may be established by
6administrative rule for fur-bearing mammals.
7    (z) It is unlawful to take any game bird (excluding wild
8turkeys and crippled pheasants not capable of normal flight and
9otherwise irretrievable) protected by this Act when not flying.
10Nothing in this Section shall prohibit a person from carrying
11an uncased, unloaded shotgun in a boat, while in pursuit of a
12crippled migratory waterfowl that is incapable of normal
13flight, for the purpose of attempting to reduce the migratory
14waterfowl to possession, provided that the attempt is made
15immediately upon downing the migratory waterfowl and is done
16within 400 yards of the blind from which the migratory
17waterfowl was downed. This exception shall apply only to
18migratory game birds that are not capable of normal flight.
19Migratory waterfowl that are crippled may be taken only with a
20shotgun as regulated by subsection (j) of this Section using
21shotgun shells as regulated in subsection (k) of this Section.
22    (aa) It is unlawful to use or possess any device that may
23be used for tree climbing or cutting, while hunting fur-bearing
24mammals, excluding coyotes.
25    (bb) It is unlawful for any person, except licensed game
26breeders, pursuant to Section 2.29 to import, carry into, or

 

 

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1possess alive in this State any species of wildlife taken
2outside of this State, without obtaining permission to do so
3from the Director.
4    (cc) It is unlawful for any person to have in his or her
5possession any freshly killed species protected by this Act
6during the season closed for taking.
7    (dd) It is unlawful to take any species protected by this
8Act and retain it alive except as provided by administrative
9rule.
10    (ee) It is unlawful to possess any rifle while in the field
11during gun deer season except as provided in Section 2.26 and
12administrative rules.
13    (ff) It is unlawful for any person to take any species
14protected by this Act, except migratory waterfowl, during the
15gun deer hunting season in those counties open to gun deer
16hunting, unless he or she wears, when in the field, a cap and
17upper outer garment of a solid blaze orange color, with such
18articles of clothing displaying a minimum of 400 square inches
19of blaze orange material.
20    (gg) It is unlawful during the upland game season for any
21person to take upland game with a firearm unless he or she
22wears, while in the field, a cap of solid blaze orange color.
23For purposes of this Act, upland game is defined as Bobwhite
24Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
25Cottontail and Swamp Rabbit.
26    (hh) It shall be unlawful to kill or cripple any species

 

 

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1protected by this Act for which there is a daily bag limit
2without making a reasonable effort to retrieve such species and
3include such in the daily bag limit.
4    (ii) This Section shall apply only to those species
5protected by this Act taken within the State. Any species or
6any parts thereof, legally taken in and transported from other
7states or countries, may be possessed within the State, except
8as provided in this Section and Sections 2.35, 2.36 and 3.21.
9    (jj) (Blank).
10    (kk) Nothing contained in this Section shall prohibit the
11Director from issuing permits to paraplegics or to other
12disabled persons who meet the requirements set forth in
13administrative rule to shoot or hunt from a vehicle as provided
14by that rule, provided that such is otherwise in accord with
15this Act.
16    (ll) Nothing contained in this Act shall prohibit the
17taking of aquatic life protected by the Fish and Aquatic Life
18Code or birds and mammals protected by this Act, except deer
19and fur-bearing mammals, from a boat not camouflaged or
20disguised to alter its identity or to further provide a place
21of concealment and not propelled by sail or mechanical power.
22However, only shotguns not larger than 10 gauge nor smaller
23than .410 bore loaded with not more than 3 shells of a shot
24size no larger than lead BB or steel T (.20 diameter) may be
25used to take species protected by this Act.
26    (mm) Nothing contained in this Act shall prohibit the use

 

 

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1of a shotgun, not larger than 10 gauge nor smaller than a 20
2gauge, with a rifled barrel.
3(Source: P.A. 96-390, eff. 8-13-09; 97-645, eff. 12-30-11;
497-907, eff. 8-7-12.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".