Illinois General Assembly - Full Text of HB4372
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Full Text of HB4372  102nd General Assembly

HB4372 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4372

 

Introduced 1/21/2022, by Rep. Anna Moeller and Jennifer Gong-Gershowitz

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/2.40 new
520 ILCS 5/3.5  from Ch. 61, par. 3.5

    Amends the Wildlife Code. Prohibits contests or competitions with the objective of taking any fur-bearing mammal. Provides an exception for field trials. Provides that a person who violates the new provisions is guilty of a Class A misdemeanor and subject to a fine of no less than $500 and no more than $5,000 in addition to other statutory penalties.


LRB102 23734 NLB 32923 b

 

 

A BILL FOR

 

HB4372LRB102 23734 NLB 32923 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
5Section 3.5 and by adding 2.40 as follows:
 
6    (520 ILCS 5/2.40 new)
7    Sec. 2.40. Fur-bearing mammal killing contests prohibited.
8Notwithstanding any other provision of law, a person shall not
9organize, sponsor, promote, conduct, or participate in any
10contest, organized competition, tournament, or derby that has
11the objective of taking any fur-bearing mammal, as defined in
12Section 1.2g, for cash, prizes, or other inducement. This
13Section does not apply to field trials permitted by the
14Department pursuant to Section 2.34.
 
15    (520 ILCS 5/3.5)  (from Ch. 61, par. 3.5)
16    Sec. 3.5. Penalties; probation.
17    (a) Any person who violates any of the provisions of
18Section 2.36a, including administrative rules, shall be guilty
19of a Class 3 felony, except as otherwise provided in
20subsection (b) of this Section and subsection (a) of Section
212.36a.
22    (b) Whenever any person who has not previously been

 

 

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1convicted of, or placed on probation or court supervision for,
2any offense under Section 1.22, 2.36, or 2.36a or subsection
3(i) or (cc) of Section 2.33, the court may, without entering a
4judgment and with the person's consent, sentence the person to
5probation for a violation of Section 2.36a.
6        (1) When a person is placed on probation, the court
7    shall enter an order specifying a period of probation of
8    24 months and shall defer further proceedings in the case
9    until the conclusion of the period or until the filing of a
10    petition alleging violation of a term or condition of
11    probation.
12        (2) The conditions of probation shall be that the
13    person:
14            (A) Not violate any criminal statute of any
15        jurisdiction.
16            (B) Perform no less than 30 hours of community
17        service, provided community service is available in
18        the jurisdiction and is funded and approved by the
19        county board.
20        (3) The court may, in addition to other conditions:
21            (A) Require that the person make a report to and
22        appear in person before or participate with the court
23        or courts, person, or social service agency as
24        directed by the court in the order of probation.
25            (B) Require that the person pay a fine and costs.
26            (C) Require that the person refrain from

 

 

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1        possessing a firearm or other dangerous weapon.
2            (D) Prohibit the person from associating with any
3        person who is actively engaged in any of the
4        activities regulated by the permits issued or
5        privileges granted by the Department of Natural
6        Resources.
7        (4) Upon violation of a term or condition of
8    probation, the court may enter a judgment on its original
9    finding of guilt and proceed as otherwise provided.
10        (5) Upon fulfillment of the terms and conditions of
11    probation, the court shall discharge the person and
12    dismiss the proceedings against the person.
13        (6) A disposition of probation is considered to be a
14    conviction for the purposes of imposing the conditions of
15    probation, for appeal, and for administrative revocation
16    and suspension of licenses and privileges; however,
17    discharge and dismissal under this Section is not a
18    conviction for purposes of disqualification or
19    disabilities imposed by law upon conviction of a crime.
20        (7) Discharge and dismissal under this Section may
21    occur only once with respect to any person.
22        (8) If a person is convicted of an offense under this
23    Act within 5 years subsequent to a discharge and dismissal
24    under this Section, the discharge and dismissal under this
25    Section shall be admissible in the sentencing proceeding
26    for that conviction as a factor in aggravation.

 

 

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1        (9) The Circuit Clerk shall notify the Illinois State
2    Police of all persons convicted of or placed under
3    probation for violations of Section 2.36a.
4    (c) Any person who violates any of the provisions of
5Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,
62.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),
7and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19,
83.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5),
9(g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection
10(f)), including administrative rules, shall be guilty of a
11Class B misdemeanor.
12    A person who violates Section 2.33b by using any computer
13software or service to remotely control a weapon that takes
14wildlife by remote operation is guilty of a Class B
15misdemeanor. A person who violates Section 2.33b by
16facilitating a violation of Section 2.33b, including an owner
17of land in which remote control hunting occurs, a computer
18programmer who designs a program or software to facilitate
19remote control hunting, or a person who provides weapons or
20equipment to facilitate remote control hunting, is guilty of a
21Class A misdemeanor.
22    Any person who violates any of the provisions of Sections
231.22, 2.2a, 2.3, 2.4, 2.36 and 2.38, including administrative
24rules, shall be guilty of a Class A misdemeanor. Any second or
25subsequent violations of Sections 2.4 and 2.36 shall be a
26Class 4 felony.

 

 

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1    Any person who violates any of the provisions of this Act,
2including administrative rules, during such period when his
3license, privileges, or permit is revoked or denied by virtue
4of Section 3.36, shall be guilty of a Class A misdemeanor.
5    Any person who violates subsection (g), (i), (o), (p),
6(y), or (cc) of Section 2.33 or Section 2.40 shall be guilty of
7a Class A misdemeanor and subject to a fine of no less than
8$500 and no more than $5,000 in addition to other statutory
9penalties. In addition, the Department shall suspend the
10privileges, under this Act, of any person found guilty of
11violating Section 2.33(cc) for a period of not less than one
12year.
13    Any person who violates any other of the provisions of
14this Act including administrative rules, unless otherwise
15stated, shall be guilty of a petty offense. Offenses committed
16by minors under the direct control or with the consent of a
17parent or guardian may subject the parent or guardian to the
18penalties prescribed in this Section.
19    In addition to any fines imposed pursuant to the
20provisions of this Section or as otherwise provided in this
21Act, any person found guilty of unlawfully taking or
22possessing any species protected by this Act, shall be
23assessed a civil penalty for such species in accordance with
24the values prescribed in Section 2.36a of this Act. This civil
25penalty shall be imposed by the Circuit Court for the county
26within which the offense was committed at the time of the

 

 

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1conviction. All penalties provided for in this Section shall
2be remitted to the Department in accordance with the same
3provisions provided for in Section 1.18 of this Act.
4(Source: P.A. 102-538, eff. 8-20-21.)