Illinois General Assembly - Full Text of HB4386
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Full Text of HB4386  102nd General Assembly

HB4386enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB4386 EnrolledLRB102 23033 CMG 32187 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
5Sections 2.25, 2.26, and 2.33 and by adding Sections 1.2aa and
61.2bb as follows:
 
7    (520 ILCS 5/1.2aa new)
8    Sec. 1.2aa. Centerfire. "Centerfire" means a gun that will
9only fire a round that contains the primer in the center of the
10cartridge and not in the rim of the cartridge.
 
11    (520 ILCS 5/1.2bb new)
12    Sec. 1.2bb. Single shot. "Single shot" means a gun that is
13either manufactured or modified to only be capable of holding
14a total of one round in the magazine and chamber combined.
15"Single shot" does not include: (a) a rifle in the possession
16of a person who is also in possession of or in close proximity
17to a magazine that would allow the rifle to be capable of
18holding more than one round or (b) a revolver. A gun shall be
19considered single shot if there is no magazine in the
20possession of or in close proximity to a hunter in the field
21and the gun can only hold a total of one round.
 

 

 

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1    (520 ILCS 5/2.25)  (from Ch. 61, par. 2.25)
2    Sec. 2.25. It shall be unlawful for any person to take deer
3except (i) with a shotgun, handgun, single shot centerfire
4rifle, or muzzleloading rifle or (ii) as provided by
5administrative rule, with a bow and arrow, during the open
6season of not more than 14 days which will be set annually by
7the Director between the dates of November 1st and December
831st, both inclusive, or a special 3-day, youth-only season
9between the dates of September 1 and October 31. For the
10purposes of this Section, legal handguns and rifles are
11limited to include any centerfire handguns that are either a
12single shot or revolver and centerfire rifles that are single
13shot of .30 caliber or larger with a minimum barrel length of 4
14inches. The only legal ammunition for a centerfire handgun or
15rifle is a bottleneck centerfire cartridge of .30 caliber or
16larger with a case length not exceeding one and two-fifths
17inches, or a straight-walled centerfire cartridge of .30
18caliber or larger, both of which must be available as a factory
19load with the published ballistic tables of the manufacturer
20showing a capability of at least 500 foot pounds of energy at
21the muzzle. The barrel of a handgun shall be at least 4 inches.
22Full metal jacket bullets may not be used to harvest deer.
23    The Department shall make administrative rules concerning
24management restrictions applicable to the firearm and bow and
25arrow season.
26    It shall be unlawful for any person to take deer except

 

 

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1with a bow and arrow during the open season for bow and arrow
2set annually by the Director between the dates of September
31st and January 31st, both inclusive.
4    It shall be unlawful for any person to take deer except
5with (i) a muzzleloading rifle or (ii) bow and arrow during the
6open season for muzzleloading rifles set annually by the
7Director.
8    The Director shall cause an administrative rule setting
9forth the prescribed rules and regulations, including bag and
10possession limits and those counties of the State where open
11seasons are established, to be published in accordance with
12Sections 1.3 and 1.13 of this Act.
13    The Department may establish separate harvest periods for
14the purpose of managing or eradicating disease that has been
15found in the deer herd. This season shall be restricted to gun
16or bow and arrow hunting only. The Department shall publicly
17announce, via statewide news release, the season dates and
18shooting hours, the counties and sites open to hunting.
19    The Department is authorized to establish a separate
20harvest period at specific sites within the State for the
21purpose of harvesting surplus deer that cannot be taken during
22the regular season provided for the taking of deer. This
23season shall be restricted to gun or bow and arrow hunting only
24and shall be established during the period of September 1st to
25February 15th, both inclusive. The Department shall publicly
26announce, via statewide news release, the season dates and

 

 

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1shooting hours, and the counties and sites open to hunting.
2The Department shall publish suitable prescribed rules and
3regulations established by administrative rule pertaining to
4management restrictions applicable to this special harvest
5program. The Department shall allow unused gun deer permits
6that are left over from a regular season for the taking of deer
7to be rolled over and used during any separate harvest period
8held within 6 months of the season for which those tags were
9issued at no additional cost to the permit holder subject to
10the management restrictions applicable to the special harvest
11program.
12    Beginning July 1, 2019, and on an annual basis thereafter,
13the Department shall provide a report to the General Assembly
14providing information regarding deer management programs
15established by the Code or by administrative rule that
16includes: (1) the number of surplus deer taken during each
17separate harvest season; (2) the number of deer found to have a
18communicable disease or other abnormality; and (3) what
19happens to the deer taken during each separate harvest season.
20(Source: P.A. 101-66, eff. 7-12-19; 102-314, eff. 1-1-22.)
 
21    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
22    Sec. 2.26. Deer hunting permits. Any person attempting to
23take deer shall first obtain a "Deer Hunting Permit" issued by
24the Department in accordance with its administrative rules.
25Those rules must provide for the issuance of the following

 

 

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1types of resident deer archery permits: (i) a combination
2permit, consisting of one either-sex permit and one
3antlerless-only permit, (ii) a single antlerless-only permit,
4and (iii) a single either-sex permit. The fee for a Deer
5Hunting Permit to take deer with either bow and arrow or gun
6shall not exceed $25.00 for residents of the State. The
7Department may by administrative rule provide for non-resident
8deer hunting permits for which the fee will not exceed $300 in
92005, $350 in 2006, and $400 in 2007 and thereafter except as
10provided below for non-resident landowners and non-resident
11archery hunters. The Department may by administrative rule
12provide for a non-resident archery deer permit consisting of
13not more than 2 harvest tags at a total cost not to exceed $325
14in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
15fees for a youth resident and non-resident archery deer permit
16shall be the same.
17    The Department shall create a pilot program during the
18special 3-day, youth-only deer hunting season to allow for
19youth deer hunting permits that are valid statewide, excluding
20those counties or portions of counties closed to firearm deer
21hunting. The Department shall adopt rules to implement the
22pilot program. Nothing in this paragraph shall be construed to
23prohibit the Department from issuing Special Hunt Area Permits
24for the youth-only deer hunting season or establishing,
25through administrative rule, additional requirements
26pertaining to the youth-only deer hunting season on

 

 

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1Department-owned or Department-managed sites, including
2site-specific quotas or drawings. The provisions of this
3paragraph are inoperative on and after January 1, 2023.
4    The standards and specifications for use of guns and bow
5and arrow for deer hunting shall be established by
6administrative rule.
7    No person may have in his or her possession any firearm not
8authorized by administrative rule for a specific hunting
9season when taking deer unless in accordance with the Firearm
10Concealed Carry Act.
11    Persons having a firearm deer hunting permit shall be
12permitted to take deer only during the period from 1/2 hour
13before sunrise to 1/2 hour after sunset, and only during those
14days for which an open season is established for the taking of
15deer by use of shotgun, handgun, rifle, or muzzle loading
16rifle.
17    Persons having an archery deer hunting permit shall be
18permitted to take deer only during the period from 1/2 hour
19before sunrise to 1/2 hour after sunset, and only during those
20days for which an open season is established for the taking of
21deer by use of bow and arrow.
22    It shall be unlawful for any person to take deer by use of
23dogs, horses, automobiles, aircraft or other vehicles, or by
24the use or aid of bait or baiting of any kind. For the purposes
25of this Section, "bait" means any material, whether liquid or
26solid, including food, salt, minerals, and other products,

 

 

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1except pure water, that can be ingested, placed, or scattered
2in such a manner as to attract or lure white-tailed deer.
3"Baiting" means the placement or scattering of bait to attract
4deer. An area is considered as baited during the presence of
5and for 10 consecutive days following the removal of bait.
6Nothing in this Section shall prohibit the use of a dog to
7track wounded deer. Any person using a dog for tracking
8wounded deer must maintain physical control of the dog at all
9times by means of a maximum 50 foot lead attached to the dog's
10collar or harness. Tracking wounded deer is permissible at
11night, but at no time outside of legal deer hunting hours or
12seasons shall any person handling or accompanying a dog being
13used for tracking wounded deer be in possession of any firearm
14or archery device. Persons tracking wounded deer with a dog
15during the firearm deer seasons shall wear blaze orange or
16solid blaze pink color as required. Dog handlers tracking
17wounded deer with a dog are exempt from hunting license and
18deer permit requirements so long as they are accompanied by
19the licensed deer hunter who wounded the deer.
20    It shall be unlawful to possess or transport any wild deer
21which has been injured or killed in any manner upon a public
22highway or public right-of-way of this State unless exempted
23by administrative rule.
24    Persons hunting deer must have gun unloaded and no bow and
25arrow device shall be carried with the arrow in the nocked
26position during hours when deer hunting is unlawful.

 

 

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1    It shall be unlawful for any person, having taken the
2legal limit of deer by gun, to further participate with gun in
3any deer hunting party.
4    It shall be unlawful for any person, having taken the
5legal limit of deer by bow and arrow, to further participate
6with bow and arrow in any deer hunting party.
7    The Department may prohibit upland game hunting during the
8gun deer season by administrative rule.
9    The Department shall not limit the number of non-resident,
10either-sex archery deer hunting permits to less than 20,000.
11    Any person who violates any of the provisions of this
12Section, including administrative rules, shall be guilty of a
13Class B misdemeanor.
14    For the purposes of calculating acreage under this
15Section, the Department shall, after determining the total
16acreage of the applicable tract or tracts of land, round
17remaining fractional portions of an acre greater than or equal
18to half of an acre up to the next whole acre.
19    For the purposes of taking white-tailed deer, nothing in
20this Section shall be construed to prevent the manipulation,
21including mowing or cutting, of standing crops as a normal
22agricultural or soil stabilization practice, food plots, or
23normal agricultural practices, including planting, harvesting,
24and maintenance such as cultivating or the use of products
25designed for scent only and not capable of ingestion, solid or
26liquid, placed or scattered, in such a manner as to attract or

 

 

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1lure deer. Such manipulation for the purpose of taking
2white-tailed deer may be further modified by administrative
3rule.
4(Source: P.A. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20;
5102-237, eff. 1-1-22.)
 
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
17wild mammal protected by this Act from its den by means of any
18mechanical device, spade, or digging device or to use smoke or
19other gases to dislodge or remove such mammal except as
20provided in Section 2.37.
21    (d) It is unlawful to use a ferret or any other small
22mammal which is used in the same or similar manner for which
23ferrets are used for the purpose of frightening or driving any
24mammals from their dens or hiding places.
25    (e) (Blank).

 

 

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1    (f) It is unlawful to use spears, gigs, hooks or any like
2device to take any species protected by this Act.
3    (g) It is unlawful to use poisons, chemicals or explosives
4for the purpose of taking any species protected by this Act.
5    (h) It is unlawful to hunt adjacent to or near any peat,
6grass, brush or other inflammable substance when it is
7burning.
8    (i) It is unlawful to take, pursue or intentionally harass
9or disturb in any manner any wild birds or mammals by use or
10aid of any vehicle or conveyance, except as permitted by the
11Code of Federal Regulations for the taking of waterfowl. It is
12also unlawful to use the lights of any vehicle or conveyance or
13any light from or any light connected to the vehicle or
14conveyance in any area where wildlife may be found except in
15accordance with Section 2.37 of this Act; however, nothing in
16this Section shall prohibit the normal use of headlamps for
17the purpose of driving upon a roadway. Striped skunk, opossum,
18red fox, gray fox, raccoon, bobcat, and coyote may be taken
19during the open season by use of a small light which is worn on
20the body or hand-held by a person on foot and not in any
21vehicle.
22    (j) It is unlawful to use any shotgun larger than 10 gauge
23while taking or attempting to take any of the species
24protected by this Act.
25    (k) It is unlawful to use or possess in the field any
26shotgun shell loaded with a shot size larger than lead BB or

 

 

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1steel T (.20 diameter) when taking or attempting to take any
2species of wild game mammals (excluding white-tailed deer),
3wild game birds, migratory waterfowl or migratory game birds
4protected by this Act, except white-tailed deer as provided
5for in Section 2.26 and other species as provided for by
6subsection (l) or administrative rule.
7    (l) It is unlawful to take any species of wild game, except
8white-tailed deer and fur-bearing mammals, with a shotgun
9loaded with slugs unless otherwise provided for by
10administrative rule.
11    (m) It is unlawful to use any shotgun capable of holding
12more than 3 shells in the magazine or chamber combined, except
13on game breeding and hunting preserve areas licensed under
14Section 3.27 and except as permitted by the Code of Federal
15Regulations for the taking of waterfowl. If the shotgun is
16capable of holding more than 3 shells, it shall, while being
17used on an area other than a game breeding and shooting
18preserve area licensed pursuant to Section 3.27, be fitted
19with a one piece plug that is irremovable without dismantling
20the shotgun or otherwise altered to render it incapable of
21holding more than 3 shells in the magazine and chamber,
22combined.
23    (n) It is unlawful for any person, except persons who
24possess a permit to hunt from a vehicle as provided in this
25Section and persons otherwise permitted by law, to have or
26carry any gun in or on any vehicle, conveyance or aircraft,

 

 

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1unless such gun is unloaded and enclosed in a case, except that
2at field trials authorized by Section 2.34 of this Act,
3unloaded guns or guns loaded with blank cartridges only, may
4be carried on horseback while not contained in a case, or to
5have or carry any bow or arrow device in or on any vehicle
6unless such bow or arrow device is unstrung or enclosed in a
7case, or otherwise made inoperable unless in accordance with
8the Firearm Concealed Carry Act.
9    (o) (Blank).
10    (p) It is unlawful to take game birds, migratory game
11birds or migratory waterfowl with a rifle, pistol, revolver or
12airgun.
13    (q) It is unlawful to fire a rifle, pistol, revolver or
14airgun on, over or into any waters of this State, including
15frozen waters.
16    (r) It is unlawful to discharge any gun or bow and arrow
17device along, upon, across, or from any public right-of-way or
18highway in this State.
19    (s) It is unlawful to use a silencer or other device to
20muffle or mute the sound of the explosion or report resulting
21from the firing of any gun.
22    (t) It is unlawful for any person to take or attempt to
23take any species of wildlife or parts thereof, intentionally
24or wantonly allow a dog to hunt, within or upon the land of
25another, or upon waters flowing over or standing on the land of
26another, or to knowingly shoot a gun or bow and arrow device at

 

 

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1any wildlife physically on or flying over the property of
2another without first obtaining permission from the owner or
3the owner's designee. For the purposes of this Section, the
4owner's designee means anyone who the owner designates in a
5written authorization and the authorization must contain (i)
6the legal or common description of property for such authority
7is given, (ii) the extent that the owner's designee is
8authorized to make decisions regarding who is allowed to take
9or attempt to take any species of wildlife or parts thereof,
10and (iii) the owner's notarized signature. Before enforcing
11this Section the law enforcement officer must have received
12notice from the owner or the owner's designee of a violation of
13this Section. Statements made to the law enforcement officer
14regarding this notice shall not be rendered inadmissible by
15the hearsay rule when offered for the purpose of showing the
16required notice.
17    (u) It is unlawful for any person to discharge any firearm
18for the purpose of taking any of the species protected by this
19Act, or hunt with gun or dog, or intentionally or wantonly
20allow a dog to hunt, within 300 yards of an inhabited dwelling
21without first obtaining permission from the owner or tenant,
22except that while trapping, hunting with bow and arrow,
23hunting with dog and shotgun using shot shells only, or
24hunting with shotgun using shot shells only, or providing
25outfitting services under a waterfowl outfitter permit, or on
26licensed game breeding and hunting preserve areas, as defined

 

 

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1in Section 3.27, on federally owned and managed lands and on
2Department owned, managed, leased, or controlled lands, a 100
3yard restriction shall apply.
4    (v) It is unlawful for any person to remove fur-bearing
5mammals from, or to move or disturb in any manner, the traps
6owned by another person without written authorization of the
7owner to do so.
8    (w) It is unlawful for any owner of a dog to knowingly or
9wantonly allow his or her dog to pursue, harass or kill deer,
10except that nothing in this Section shall prohibit the
11tracking of wounded deer with a dog in accordance with the
12provisions of Section 2.26 of this Code.
13    (x) It is unlawful for any person to wantonly or
14carelessly injure or destroy, in any manner whatsoever, any
15real or personal property on the land of another while engaged
16in hunting or trapping thereon.
17    (y) It is unlawful to hunt wild game protected by this Act
18between one half hour after sunset and one half hour before
19sunrise, except that hunting hours between one half hour after
20sunset and one half hour before sunrise may be established by
21administrative rule for fur-bearing mammals.
22    (z) It is unlawful to take any game bird (excluding wild
23turkeys and crippled pheasants not capable of normal flight
24and otherwise irretrievable) protected by this Act when not
25flying. Nothing in this Section shall prohibit a person from
26carrying an uncased, unloaded shotgun in a boat, while in

 

 

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1pursuit of a crippled migratory waterfowl that is incapable of
2normal flight, for the purpose of attempting to reduce the
3migratory waterfowl to possession, provided that the attempt
4is made immediately upon downing the migratory waterfowl and
5is done within 400 yards of the blind from which the migratory
6waterfowl was downed. This exception shall apply only to
7migratory game birds that are not capable of normal flight.
8Migratory waterfowl that are crippled may be taken only with a
9shotgun as regulated by subsection (j) of this Section using
10shotgun shells as regulated in subsection (k) of this Section.
11    (aa) It is unlawful to use or possess any device that may
12be used for tree climbing or cutting, while hunting
13fur-bearing mammals, excluding coyotes.
14    (bb) It is unlawful for any person, except licensed game
15breeders, pursuant to Section 2.29 to import, carry into, or
16possess alive in this State any species of wildlife taken
17outside of this State, without obtaining permission to do so
18from the Director.
19    (cc) It is unlawful for any person to have in his or her
20possession any freshly killed species protected by this Act
21during the season closed for taking.
22    (dd) It is unlawful to take any species protected by this
23Act and retain it alive except as provided by administrative
24rule.
25    (ee) It is unlawful to possess any rifle while in the field
26during gun deer season except as provided in Sections 2.25 and

 

 

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1Section 2.26 and administrative rules.
2    (ff) It is unlawful for any person to take any species
3protected by this Act, except migratory waterfowl, during the
4gun deer hunting season in those counties open to gun deer
5hunting, unless he or she wears, when in the field, a cap and
6upper outer garment of a solid blaze orange color or solid
7blaze pink color, with such articles of clothing displaying a
8minimum of 400 square inches of blaze orange or solid blaze
9pink color material.
10    (gg) It is unlawful during the upland game season for any
11person to take upland game with a firearm unless he or she
12wears, while in the field, a cap of solid blaze orange color or
13solid blaze pink color. For purposes of this Act, upland game
14is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
15Pheasant, Eastern Cottontail and Swamp Rabbit.
16    (hh) It shall be unlawful to kill or cripple any species
17protected by this Act for which there is a bag limit without
18making a reasonable effort to retrieve such species and
19include such in the bag limit. It shall be unlawful for any
20person having control over harvested game mammals, game birds,
21or migratory game birds for which there is a bag limit to
22wantonly waste or destroy the usable meat of the game, except
23this shall not apply to wildlife taken under Sections 2.37 or
243.22 of this Code. For purposes of this subsection, "usable
25meat" means the breast meat of a game bird or migratory game
26bird and the hind ham and front shoulders of a game mammal. It

 

 

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1shall be unlawful for any person to place, leave, dump, or
2abandon a wildlife carcass or parts of it along or upon a
3public right-of-way or highway or on public or private
4property, including a waterway or stream, without the
5permission of the owner or tenant. It shall not be unlawful to
6discard game meat that is determined to be unfit for human
7consumption.
8    (ii) This Section shall apply only to those species
9protected by this Act taken within the State. Any species or
10any parts thereof, legally taken in and transported from other
11states or countries, may be possessed within the State, except
12as provided in this Section and Sections 2.35, 2.36 and 3.21.
13    (jj) (Blank).
14    (kk) Nothing contained in this Section shall prohibit the
15Director from issuing permits to paraplegics or to other
16persons with disabilities who meet the requirements set forth
17in administrative rule to shoot or hunt from a vehicle as
18provided by that rule, provided that such is otherwise in
19accord with this Act.
20    (ll) Nothing contained in this Act shall prohibit the
21taking of aquatic life protected by the Fish and Aquatic Life
22Code or birds and mammals protected by this Act, except deer
23and fur-bearing mammals, from a boat not camouflaged or
24disguised to alter its identity or to further provide a place
25of concealment and not propelled by sail or mechanical power.
26However, only shotguns not larger than 10 gauge nor smaller

 

 

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1than .410 bore loaded with not more than 3 shells of a shot
2size no larger than lead BB or steel T (.20 diameter) may be
3used to take species protected by this Act.
4    (mm) Nothing contained in this Act shall prohibit the use
5of a shotgun, not larger than 10 gauge nor smaller than a 20
6gauge, with a rifled barrel.
7    (nn) It shall be unlawful to possess any species of
8wildlife or wildlife parts taken unlawfully in Illinois, any
9other state, or any other country, whether or not the wildlife
10or wildlife parts is indigenous to Illinois. For the purposes
11of this subsection, the statute of limitations for unlawful
12possession of wildlife or wildlife parts shall not cease until
132 years after the possession has permanently ended.
14    (oo) It is unlawful while deer hunting:
15        (1) to possess or be in close proximity to a rifle that
16    is not centerfire; or
17        (2) be in possession of or in close proximity to a
18    magazine that is capable of making a rifle not a single
19    shot.
20(Source: P.A. 102-237, eff. 1-1-22.)