Illinois General Assembly - Full Text of HB4679
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB4679  102nd General Assembly

HB4679 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4679

 

Introduced 1/21/2022, by Rep. Tony McCombie

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/1.2m-0.5 new
520 ILCS 5/2.25  from Ch. 61, par. 2.25
520 ILCS 5/2.26  from Ch. 61, par. 2.26
520 ILCS 5/2.33  from Ch. 61, par. 2.33

    Amends the Wildlife Code. Defines "rifle" as any firearm designed, made, or adapted to be fired from the shoulder that uses the energy of an explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger. Permits hunting with a rifle for the taking of deer; makes related changes. Provides that legal handguns and rifles include any bottleneck centerfire cartridge of .30 caliber or larger with a case length not exceeding 1.4 inches or any straight walled centerfire cartridge of .30 caliber or larger both of which must be available as a load with the published ballistic tables of the manufacturer showing a capability of at least 500 foot pounds of energy at the muzzle.


LRB102 23517 CMG 32698 b

 

 

A BILL FOR

 

HB4679LRB102 23517 CMG 32698 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 2.6, 2.7, 2.11, 2.13, 2.25, 2.26, 2.27, 2.28, and
62.33 and by adding Section 1.2m-0.5 as follows:
 
7    (520 ILCS 5/1.2m-0.5 new)
8    Sec. 1.2m-0.5. Rifle. "Rifle" means any firearm designed,
9made, or adapted to be fired from the shoulder that uses the
10energy of an explosive in a fixed metallic cartridge to fire a
11projectile through a rifled bore by a single function of the
12trigger.
 
13    (520 ILCS 5/2.25)  (from Ch. 61, par. 2.25)
14    Sec. 2.25. It shall be unlawful for any person to take deer
15except: (i) with a shotgun, handgun, rifle, or muzzleloading
16rifle; or (ii) as provided by administrative rule, with a bow
17and arrow, during the open season of not more than 14 days
18which will be set annually by the Director between the dates of
19November 1st and December 31st, both inclusive, or a special
203-day, youth-only season between the dates of September 1 and
21October 31. For the purposes of this Section, legal handguns
22and rifles include any bottleneck centerfire cartridge

 

 

HB4679- 2 -LRB102 23517 CMG 32698 b

1handguns of .30 caliber or larger with a case length not
2exceeding 1.4 inches or any straight walled minimum barrel
3length of 4 inches. The only legal ammunition for a centerfire
4handgun is a cartridge of .30 caliber or larger both of which
5must be available as a load with the published ballistic
6tables of the manufacturer showing with a capability of at
7least 500 foot pounds of energy at the muzzle. The barrel of a
8handgun shall be at least 4 inches. Full metal jacket bullets
9may not be used to harvest deer.
10    The Department shall make administrative rules concerning
11management restrictions applicable to the firearm and bow and
12arrow season.
13    It shall be unlawful for any person to take deer except
14with a bow and arrow during the open season for bow and arrow
15set annually by the Director between the dates of September
161st and January 31st, both inclusive.
17    It shall be unlawful for any person to take deer except
18with: (i) a muzzleloading rifle; or (ii) bow and arrow during
19the open season for muzzleloading rifles set annually by the
20Director.
21    The Director shall cause an administrative rule setting
22forth the prescribed rules and regulations, including bag and
23possession limits and those counties of the State where open
24seasons are established, to be published in accordance with
25Sections 1.3 and 1.13 of this Act.
26    The Department may establish separate harvest periods for

 

 

HB4679- 3 -LRB102 23517 CMG 32698 b

1the purpose of managing or eradicating disease that has been
2found in the deer herd. This season shall be restricted to gun
3or bow and arrow hunting only. The Department shall publicly
4announce, via statewide news release, the season dates and
5shooting hours, the counties and sites open to hunting.
6    The Department is authorized to establish a separate
7harvest period at specific sites within the State for the
8purpose of harvesting surplus deer that cannot be taken during
9the regular season provided for the taking of deer. This
10season shall be restricted to gun or bow and arrow hunting only
11and shall be established during the period of September 1st to
12February 15th, both inclusive. The Department shall publicly
13announce, via statewide news release, the season dates and
14shooting hours, and the counties and sites open to hunting.
15The Department shall publish suitable prescribed rules and
16regulations established by administrative rule pertaining to
17management restrictions applicable to this special harvest
18program. The Department shall allow unused gun deer permits
19that are left over from a regular season for the taking of deer
20to be rolled over and used during any separate harvest period
21held within 6 months of the season for which those tags were
22issued at no additional cost to the permit holder subject to
23the management restrictions applicable to the special harvest
24program.
25    Beginning July 1, 2019, and on an annual basis thereafter,
26the Department shall provide a report to the General Assembly

 

 

HB4679- 4 -LRB102 23517 CMG 32698 b

1providing information regarding deer management programs
2established by the Code or by administrative rule that
3includes: (1) the number of surplus deer taken during each
4separate harvest season; (2) the number of deer found to have a
5communicable disease or other abnormality; and (3) what
6happens to the deer taken during each separate harvest season.
7(Source: P.A. 101-66, eff. 7-12-19; 102-314, eff. 1-1-22.)
 
8    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
9    Sec. 2.26. Deer hunting permits. Any person attempting to
10take deer shall first obtain a "Deer Hunting Permit" issued by
11the Department in accordance with its administrative rules.
12Those rules must provide for the issuance of the following
13types of resident deer archery permits: (i) a combination
14permit, consisting of one either-sex permit and one
15antlerless-only permit, (ii) a single antlerless-only permit,
16and (iii) a single either-sex permit. The fee for a Deer
17Hunting Permit to take deer with either bow and arrow or gun
18shall not exceed $25.00 for residents of the State. The
19Department may by administrative rule provide for non-resident
20deer hunting permits for which the fee will not exceed $300 in
212005, $350 in 2006, and $400 in 2007 and thereafter except as
22provided below for non-resident landowners and non-resident
23archery hunters. The Department may by administrative rule
24provide for a non-resident archery deer permit consisting of
25not more than 2 harvest tags at a total cost not to exceed $325

 

 

HB4679- 5 -LRB102 23517 CMG 32698 b

1in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
2fees for a youth resident and non-resident archery deer permit
3shall be the same.
4    The Department shall create a pilot program during the
5special 3-day, youth-only deer hunting season to allow for
6youth deer hunting permits that are valid statewide, excluding
7those counties or portions of counties closed to firearm deer
8hunting. The Department shall adopt rules to implement the
9pilot program. Nothing in this paragraph shall be construed to
10prohibit the Department from issuing Special Hunt Area Permits
11for the youth-only deer hunting season or establishing,
12through administrative rule, additional requirements
13pertaining to the youth-only deer hunting season on
14Department-owned or Department-managed sites, including
15site-specific quotas or drawings. The provisions of this
16paragraph are inoperative on and after January 1, 2023.
17    The standards and specifications for use of guns and bow
18and arrow for deer hunting shall be established by
19administrative rule.
20    No person may have in his or her possession any firearm not
21authorized by administrative rule for a specific hunting
22season when taking deer unless in accordance with the Firearm
23Concealed Carry Act.
24    Persons having a firearm deer hunting permit shall be
25permitted to take deer only during the period from 1/2 hour
26before sunrise to 1/2 hour after sunset, and only during those

 

 

HB4679- 6 -LRB102 23517 CMG 32698 b

1days for which an open season is established for the taking of
2deer by use of shotgun, handgun, rifle, or muzzleloading
3muzzle loading rifle.
4    Persons having an archery deer hunting permit shall be
5permitted to take deer only during the period from 1/2 hour
6before sunrise to 1/2 hour after sunset, and only during those
7days for which an open season is established for the taking of
8deer by use of bow and arrow.
9    It shall be unlawful for any person to take deer by use of
10dogs, horses, automobiles, aircraft or other vehicles, or by
11the use or aid of bait or baiting of any kind. For the purposes
12of this Section, "bait" means any material, whether liquid or
13solid, including food, salt, minerals, and other products,
14except pure water, that can be ingested, placed, or scattered
15in such a manner as to attract or lure white-tailed deer.
16"Baiting" means the placement or scattering of bait to attract
17deer. An area is considered as baited during the presence of
18and for 10 consecutive days following the removal of bait.
19Nothing in this Section shall prohibit the use of a dog to
20track wounded deer. Any person using a dog for tracking
21wounded deer must maintain physical control of the dog at all
22times by means of a maximum 50 foot lead attached to the dog's
23collar or harness. Tracking wounded deer is permissible at
24night, but at no time outside of legal deer hunting hours or
25seasons shall any person handling or accompanying a dog being
26used for tracking wounded deer be in possession of any firearm

 

 

HB4679- 7 -LRB102 23517 CMG 32698 b

1or archery device. Persons tracking wounded deer with a dog
2during the firearm deer seasons shall wear blaze orange or
3solid blaze pink color as required. Dog handlers tracking
4wounded deer with a dog are exempt from hunting license and
5deer permit requirements so long as they are accompanied by
6the licensed deer hunter who wounded the deer.
7    It shall be unlawful to possess or transport any wild deer
8which has been injured or killed in any manner upon a public
9highway or public right-of-way of this State unless exempted
10by administrative rule.
11    Persons hunting deer must have gun unloaded and no bow and
12arrow device shall be carried with the arrow in the nocked
13position during hours when deer hunting is unlawful.
14    It shall be unlawful for any person, having taken the
15legal limit of deer by gun, to further participate with gun in
16any deer hunting party.
17    It shall be unlawful for any person, having taken the
18legal limit of deer by bow and arrow, to further participate
19with bow and arrow in any deer hunting party.
20    The Department may prohibit upland game hunting during the
21gun deer season by administrative rule.
22    The Department shall not limit the number of non-resident,
23either-sex archery deer hunting permits to less than 20,000.
24    Any person who violates any of the provisions of this
25Section, including administrative rules, shall be guilty of a
26Class B misdemeanor.

 

 

HB4679- 8 -LRB102 23517 CMG 32698 b

1    For the purposes of calculating acreage under this
2Section, the Department shall, after determining the total
3acreage of the applicable tract or tracts of land, round
4remaining fractional portions of an acre greater than or equal
5to half of an acre up to the next whole acre.
6    For the purposes of taking white-tailed deer, nothing in
7this Section shall be construed to prevent the manipulation,
8including mowing or cutting, of standing crops as a normal
9agricultural or soil stabilization practice, food plots, or
10normal agricultural practices, including planting, harvesting,
11and maintenance such as cultivating or the use of products
12designed for scent only and not capable of ingestion, solid or
13liquid, placed or scattered, in such a manner as to attract or
14lure deer. Such manipulation for the purpose of taking
15white-tailed deer may be further modified by administrative
16rule.
17(Source: P.A. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20;
18102-237, eff. 1-1-22.)
 
19    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
20    Sec. 2.33. Prohibitions.
21    (a) It is unlawful to carry or possess any gun in any State
22refuge unless otherwise permitted by administrative rule.
23    (b) It is unlawful to use or possess any snare or
24snare-like device, deadfall, net, or pit trap to take any
25species, except that snares not powered by springs or other

 

 

HB4679- 9 -LRB102 23517 CMG 32698 b

1mechanical devices may be used to trap fur-bearing mammals, in
2water sets only, if at least one-half of the snare noose is
3located underwater at all times.
4    (c) It is unlawful for any person at any time to take a
5wild mammal protected by this Act from its den by means of any
6mechanical device, spade, or digging device or to use smoke or
7other gases to dislodge or remove such mammal except as
8provided in Section 2.37.
9    (d) It is unlawful to use a ferret or any other small
10mammal which is used in the same or similar manner for which
11ferrets are used for the purpose of frightening or driving any
12mammals from their dens or hiding places.
13    (e) (Blank).
14    (f) It is unlawful to use spears, gigs, hooks or any like
15device to take any species protected by this Act.
16    (g) It is unlawful to use poisons, chemicals or explosives
17for the purpose of taking any species protected by this Act.
18    (h) It is unlawful to hunt adjacent to or near any peat,
19grass, brush or other inflammable substance when it is
20burning.
21    (i) It is unlawful to take, pursue or intentionally harass
22or disturb in any manner any wild birds or mammals by use or
23aid of any vehicle or conveyance, except as permitted by the
24Code of Federal Regulations for the taking of waterfowl. It is
25also unlawful to use the lights of any vehicle or conveyance or
26any light from or any light connected to the vehicle or

 

 

HB4679- 10 -LRB102 23517 CMG 32698 b

1conveyance in any area where wildlife may be found except in
2accordance with Section 2.37 of this Act; however, nothing in
3this Section shall prohibit the normal use of headlamps for
4the purpose of driving upon a roadway. Striped skunk, opossum,
5red fox, gray fox, raccoon, bobcat, and coyote may be taken
6during the open season by use of a small light which is worn on
7the body or hand-held by a person on foot and not in any
8vehicle.
9    (j) It is unlawful to use any shotgun larger than 10 gauge
10while taking or attempting to take any of the species
11protected by this Act.
12    (k) It is unlawful to use or possess in the field any
13shotgun shell loaded with a shot size larger than lead BB or
14steel T (.20 diameter) when taking or attempting to take any
15species of wild game mammals (excluding white-tailed deer),
16wild game birds, migratory waterfowl or migratory game birds
17protected by this Act, except white-tailed deer as provided
18for in Section 2.26 and other species as provided for by
19subsection (l) or administrative rule.
20    (l) It is unlawful to take any species of wild game, except
21white-tailed deer and fur-bearing mammals, with a shotgun
22loaded with slugs unless otherwise provided for by
23administrative rule.
24    (m) It is unlawful to use any shotgun capable of holding
25more than 3 shells in the magazine or chamber combined, except
26on game breeding and hunting preserve areas licensed under

 

 

HB4679- 11 -LRB102 23517 CMG 32698 b

1Section 3.27 and except as permitted by the Code of Federal
2Regulations for the taking of waterfowl. If the shotgun is
3capable of holding more than 3 shells, it shall, while being
4used on an area other than a game breeding and shooting
5preserve area licensed pursuant to Section 3.27, be fitted
6with a one piece plug that is irremovable without dismantling
7the shotgun or otherwise altered to render it incapable of
8holding more than 3 shells in the magazine and chamber,
9combined.
10    (n) It is unlawful for any person, except persons who
11possess a permit to hunt from a vehicle as provided in this
12Section and persons otherwise permitted by law, to have or
13carry any gun in or on any vehicle, conveyance or aircraft,
14unless such gun is unloaded and enclosed in a case, except that
15at field trials authorized by Section 2.34 of this Act,
16unloaded guns or guns loaded with blank cartridges only, may
17be carried on horseback while not contained in a case, or to
18have or carry any bow or arrow device in or on any vehicle
19unless such bow or arrow device is unstrung or enclosed in a
20case, or otherwise made inoperable unless in accordance with
21the Firearm Concealed Carry Act.
22    (o) (Blank).
23    (p) It is unlawful to take game birds, migratory game
24birds or migratory waterfowl with a rifle, pistol, revolver or
25airgun.
26    (q) It is unlawful to fire a rifle, pistol, revolver or

 

 

HB4679- 12 -LRB102 23517 CMG 32698 b

1airgun on, over or into any waters of this State, including
2frozen waters.
3    (r) It is unlawful to discharge any gun or bow and arrow
4device along, upon, across, or from any public right-of-way or
5highway in this State.
6    (s) It is unlawful to use a silencer or other device to
7muffle or mute the sound of the explosion or report resulting
8from the firing of any gun.
9    (t) It is unlawful for any person to take or attempt to
10take any species of wildlife or parts thereof, intentionally
11or wantonly allow a dog to hunt, within or upon the land of
12another, or upon waters flowing over or standing on the land of
13another, or to knowingly shoot a gun or bow and arrow device at
14any wildlife physically on or flying over the property of
15another without first obtaining permission from the owner or
16the owner's designee. For the purposes of this Section, the
17owner's designee means anyone who the owner designates in a
18written authorization and the authorization must contain (i)
19the legal or common description of property for such authority
20is given, (ii) the extent that the owner's designee is
21authorized to make decisions regarding who is allowed to take
22or attempt to take any species of wildlife or parts thereof,
23and (iii) the owner's notarized signature. Before enforcing
24this Section the law enforcement officer must have received
25notice from the owner or the owner's designee of a violation of
26this Section. Statements made to the law enforcement officer

 

 

HB4679- 13 -LRB102 23517 CMG 32698 b

1regarding this notice shall not be rendered inadmissible by
2the hearsay rule when offered for the purpose of showing the
3required notice.
4    (u) It is unlawful for any person to discharge any firearm
5for the purpose of taking any of the species protected by this
6Act, or hunt with gun or dog, or intentionally or wantonly
7allow a dog to hunt, within 300 yards of an inhabited dwelling
8without first obtaining permission from the owner or tenant,
9except that while trapping, hunting with bow and arrow,
10hunting with dog and shotgun using shot shells only, or
11hunting with shotgun using shot shells only, or providing
12outfitting services under a waterfowl outfitter permit, or on
13licensed game breeding and hunting preserve areas, as defined
14in Section 3.27, on federally owned and managed lands and on
15Department owned, managed, leased, or controlled lands, a 100
16yard restriction shall apply.
17    (v) It is unlawful for any person to remove fur-bearing
18mammals from, or to move or disturb in any manner, the traps
19owned by another person without written authorization of the
20owner to do so.
21    (w) It is unlawful for any owner of a dog to knowingly or
22wantonly allow his or her dog to pursue, harass or kill deer,
23except that nothing in this Section shall prohibit the
24tracking of wounded deer with a dog in accordance with the
25provisions of Section 2.26 of this Code.
26    (x) It is unlawful for any person to wantonly or

 

 

HB4679- 14 -LRB102 23517 CMG 32698 b

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

 

 

HB4679- 15 -LRB102 23517 CMG 32698 b

1    (bb) It is unlawful for any person, except licensed game
2breeders, pursuant to Section 2.29 to import, carry into, or
3possess alive in this State any species of wildlife taken
4outside of this State, without obtaining permission to do so
5from the Director.
6    (cc) It is unlawful for any person to have in his or her
7possession any freshly killed species protected by this Act
8during the season closed for taking.
9    (dd) It is unlawful to take any species protected by this
10Act and retain it alive except as provided by administrative
11rule.
12    (ee) (Blank). It is unlawful to possess any rifle while in
13the field during gun deer season except as provided in Section
142.26 and administrative rules.
15    (ff) It is unlawful for any person to take any species
16protected by this Act, except migratory waterfowl, during the
17gun deer hunting season in those counties open to gun deer
18hunting, unless he or she wears, when in the field, a cap and
19upper outer garment of a solid blaze orange color or solid
20blaze pink color, with such articles of clothing displaying a
21minimum of 400 square inches of blaze orange or solid blaze
22pink color material.
23    (gg) It is unlawful during the upland game season for any
24person to take upland game with a firearm unless he or she
25wears, while in the field, a cap of solid blaze orange color or
26solid blaze pink color. For purposes of this Act, upland game

 

 

HB4679- 16 -LRB102 23517 CMG 32698 b

1is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
2Pheasant, Eastern Cottontail and Swamp Rabbit.
3    (hh) It shall be unlawful to kill or cripple any species
4protected by this Act for which there is a bag limit without
5making a reasonable effort to retrieve such species and
6include such in the bag limit. It shall be unlawful for any
7person having control over harvested game mammals, game birds,
8or migratory game birds for which there is a bag limit to
9wantonly waste or destroy the usable meat of the game, except
10this shall not apply to wildlife taken under Sections 2.37 or
113.22 of this Code. For purposes of this subsection, "usable
12meat" means the breast meat of a game bird or migratory game
13bird and the hind ham and front shoulders of a game mammal. It
14shall be unlawful for any person to place, leave, dump, or
15abandon a wildlife carcass or parts of it along or upon a
16public right-of-way or highway or on public or private
17property, including a waterway or stream, without the
18permission of the owner or tenant. It shall not be unlawful to
19discard game meat that is determined to be unfit for human
20consumption.
21    (ii) This Section shall apply only to those species
22protected by this Act taken within the State. Any species or
23any parts thereof, legally taken in and transported from other
24states or countries, may be possessed within the State, except
25as provided in this Section and Sections 2.35, 2.36 and 3.21.
26    (jj) (Blank).

 

 

HB4679- 17 -LRB102 23517 CMG 32698 b

1    (kk) Nothing contained in this Section shall prohibit the
2Director from issuing permits to paraplegics or to other
3persons with disabilities who meet the requirements set forth
4in administrative rule to shoot or hunt from a vehicle as
5provided by that rule, provided that such is otherwise in
6accord with this Act.
7    (ll) Nothing contained in this Act shall prohibit the
8taking of aquatic life protected by the Fish and Aquatic Life
9Code or birds and mammals protected by this Act, except deer
10and fur-bearing mammals, from a boat not camouflaged or
11disguised to alter its identity or to further provide a place
12of concealment and not propelled by sail or mechanical power.
13However, only shotguns not larger than 10 gauge nor smaller
14than .410 bore loaded with not more than 3 shells of a shot
15size no larger than lead BB or steel T (.20 diameter) may be
16used to take species protected by this Act.
17    (mm) Nothing contained in this Act shall prohibit the use
18of a shotgun, not larger than 10 gauge nor smaller than a 20
19gauge, with a rifled barrel.
20    (nn) It shall be unlawful to possess any species of
21wildlife or wildlife parts taken unlawfully in Illinois, any
22other state, or any other country, whether or not the wildlife
23or wildlife parts is indigenous to Illinois. For the purposes
24of this subsection, the statute of limitations for unlawful
25possession of wildlife or wildlife parts shall not cease until
262 years after the possession has permanently ended.

 

 

HB4679- 18 -LRB102 23517 CMG 32698 b

1(Source: P.A. 102-237, eff. 1-1-22.)