HB4819 EnrolledLRB097 17121 CEL 62319 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 1.2j-1 and
62.5 as follows:
7    (520 ILCS 5/1.2j-1 new)
8    Sec. 1.2j-1. "Bow and arrow" means a longbow, recurve bow,
9compound bow, or crossbow.
10    (520 ILCS 5/2.5 new)
11    Sec. 2.5. Crossbow conditions. A person may use a crossbow
12if one or more of the following conditions are met:
13        (1) the user is a person age 62 and older;
14        (2) the user is a handicapped person to whom the
15    Director has issued a permit to use a crossbow, as provided
16    by administrative rule; or
17        (3) the date of using the crossbow is during the period
18    of the second Monday following the Thanksgiving holiday
19    through the last day of the archery deer hunting season
20    (both inclusive) set annually by the Director.
21    As used in this Section, "handicapped person" means a
22person who has a physical impairment due to injury or disease,



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1congenital or acquired, which renders them so severely disabled
2as to be unable to use a longbow, recurve bow, or compound bow.
3Permits must be issued only after the receipt of a physician's
4statement confirming the applicant is handicapped as defined
6    (520 ILCS 5/2.25)  (from Ch. 61, par. 2.25)
7    Sec. 2.25. It shall be unlawful for any person to take deer
8except (i) with a shotgun, handgun, or muzzleloading rifle or
9(ii) as provided by administrative rule, with a bow and arrow,
10or crossbow device for handicapped persons, as defined in
11Section 2.33, and persons age 62 or older during the open
12season of not more than 14 days which will be set annually by
13the Director between the dates of November 1st and December
1431st, both inclusive, or a special 2-day, youth-only season
15between the dates of September 1 and October 31. For the
16purposes of this Section, legal handguns include any centerfire
17handguns of .30 caliber or larger with a minimum barrel length
18of 4 inches. The only legal ammunition for a centerfire handgun
19is a cartridge of .30 caliber or larger with a capability of at
20least 500 foot pounds of energy at the muzzle. Full metal
21jacket bullets may not be used to harvest deer.
22    The Department shall make administrative rules concerning
23management restrictions applicable to the firearm and bow and
24arrow season.
25    It shall be unlawful for any person to take deer except



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1with a bow and arrow, or crossbow device for handicapped
2persons, as defined in Section 2.33, and persons age 62 or
3older during the open season for bow and arrow set annually by
4the Director between the dates of September 1st and January
531st, both inclusive.
6    It shall be unlawful for any person to take deer except
7with (i) a muzzleloading rifle, or (ii) bow and arrow, or
8crossbow device for handicapped persons, as defined in Section
92.33, and persons age 62 or older during the open season for
10muzzleloading rifles set annually by the Director.
11    The Director shall cause an administrative rule setting
12forth the prescribed rules and regulations, including bag and
13possession limits and those counties of the State where open
14seasons are established, to be published in accordance with
15Sections 1.3 and 1.13 of this Act.
16    The Department may establish separate harvest periods for
17the purpose of managing or eradicating disease that has been
18found in the deer herd. This season shall be restricted to gun
19or bow and arrow hunting only. The Department shall publicly
20announce, via statewide news release, the season dates and
21shooting hours, the counties and sites open to hunting, permit
22requirements, application dates, hunting rules, legal weapons,
23and reporting requirements.
24    The Department is authorized to establish a separate
25harvest period at specific sites within the State for the
26purpose of harvesting surplus deer that cannot be taken during



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1the regular season provided for the taking of deer. This season
2shall be restricted to gun or bow and arrow hunting only and
3shall be established during the period of September 1st to
4February 15th, both inclusive. The Department shall publish
5suitable prescribed rules and regulations established by
6administrative rule pertaining to management restrictions
7applicable to this special harvest program. The Department
8shall allow unused gun deer permits that are left over from a
9regular season for the taking of deer to be rolled over and
10used during any separate harvest period held within 6 months of
11the season for which those tags were issued at no additional
12cost to the permit holder subject to the management
13restrictions applicable to the special harvest program.
14(Source: P.A. 94-919, eff. 6-26-06; 95-13, eff. 1-1-08; 95-329,
15eff. 8-21-07; 95-876, eff. 8-21-08.)
16    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
17    Sec. 2.26. Deer hunting permits. In this Section, "bona
18fide equity shareholder" means an individual who (1) purchased,
19for market price, publicly sold stock shares in a corporation,
20purchased shares of a privately-held corporation for a value
21equal to the percentage of the appraised value of the corporate
22assets represented by the ownership in the corporation, or is a
23member of a closely-held family-owned corporation and has
24purchased or been gifted with shares of stock in the
25corporation accurately reflecting his or her percentage of



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1ownership and (2) intends to retain the ownership of the shares
2of stock for at least 5 years.
3    In this Section, "bona fide equity member" means an
4individual who (1) (i) became a member upon the formation of
5the limited liability company or (ii) has purchased a
6distributional interest in a limited liability company for a
7value equal to the percentage of the appraised value of the LLC
8assets represented by the distributional interest in the LLC
9and subsequently becomes a member of the company pursuant to
10Article 30 of the Limited Liability Company Act and who (2)
11intends to retain the membership for at least 5 years.
12    In this Section, "bona fide equity partner" means an
13individual who (1) (i) became a partner, either general or
14limited, upon the formation of a partnership or limited
15partnership, or (ii) has purchased, acquired, or been gifted a
16partnership interest accurately representing his or her
17percentage distributional interest in the profits, losses, and
18assets of a partnership or limited partnership, (2) intends to
19retain ownership of the partnership interest for at least 5
20years, and (3) is a resident of Illinois.
21    Any person attempting to take deer shall first obtain a
22"Deer Hunting Permit" issued by the Department in accordance
23with its administrative rules. Those rules must provide for the
24issuance of the following types of resident deer archery
25permits: (i) a combination permit, consisting of one either-sex
26permit and one antlerless-only permit, (ii) a single



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1antlerless-only permit, and (iii) a single either-sex permit.
2The fee for a Deer Hunting Permit to take deer with either bow
3and arrow or gun shall not exceed $25.00 for residents of the
4State. The Department may by administrative rule provide for
5non-resident deer hunting permits for which the fee will not
6exceed $300 in 2005, $350 in 2006, and $400 in 2007 and
7thereafter except as provided below for non-resident
8landowners and non-resident archery hunters. The Department
9may by administrative rule provide for a non-resident archery
10deer permit consisting of not more than 2 harvest tags at a
11total cost not to exceed $325 in 2005, $375 in 2006, and $425
12in 2007 and thereafter. Permits shall be issued without charge
14        (a) Illinois landowners residing in Illinois who own at
15    least 40 acres of Illinois land and wish to hunt their land
16    only,
17        (b) resident tenants of at least 40 acres of commercial
18    agricultural land where they will hunt, and
19        (c) Bona fide equity shareholders of a corporation,
20    bona fide equity members of a limited liability company, or
21    bona fide equity partners of a general or limited
22    partnership which owns at least 40 acres of land in a
23    county in Illinois who wish to hunt on the corporation's,
24    company's, or partnership's land only. One permit shall be
25    issued without charge to one bona fide equity shareholder,
26    one bona fide equity member, or one bona fide equity



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1    partner for each 40 acres of land owned by the corporation,
2    company, or partnership in a county; however, the number of
3    permits issued without charge to bona fide equity
4    shareholders of any corporation or bona fide equity members
5    of a limited liability company in any county shall not
6    exceed 15, and shall not exceed 3 in the case of bona fide
7    equity partners of a partnership.
8    Bona fide landowners or tenants who do not wish to hunt
9only on the land they own, rent, or lease or bona fide equity
10shareholders, bona fide equity members, or bona fide equity
11partners who do not wish to hunt only on the land owned by the
12corporation, limited liability company, or partnership shall
13be charged the same fee as the applicant who is not a
14landowner, tenant, bona fide equity shareholder, bona fide
15equity member, or bona fide equity partner. Nonresidents of
16Illinois who own at least 40 acres of land and wish to hunt on
17their land only shall be charged a fee set by administrative
18rule. The method for obtaining these permits shall be
19prescribed by administrative rule.
20    The deer hunting permit issued without fee shall be valid
21on all farm lands which the person to whom it is issued owns,
22leases or rents, except that in the case of a permit issued to
23a bona fide equity shareholder, bona fide equity member, or
24bona fide equity partner, the permit shall be valid on all
25lands owned by the corporation, limited liability company, or
26partnership in the county.



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1    The standards and specifications for use of guns and bow
2and arrow for deer hunting shall be established by
3administrative rule.
4    No person may have in his possession any firearm not
5authorized by administrative rule for a specific hunting season
6when taking deer.
7    Persons having a firearm deer hunting permit shall be
8permitted to take deer only during the period from 1/2 hour
9before sunrise to 1/2 hour after sunset, and only during those
10days for which an open season is established for the taking of
11deer by use of shotgun, handgun, or muzzle loading rifle.
12    Persons having an archery deer hunting permit shall be
13permitted to take deer only during the period from 1/2 hour
14before sunrise to 1/2 hour after sunset, and only during those
15days for which an open season is established for the taking of
16deer by use of bow and arrow.
17    It shall be unlawful for any person to take deer by use of
18dogs, horses, automobiles, aircraft or other vehicles, or by
19the use or aid of bait or baiting of any kind. For the purposes
20of this Section, "bait" means any material, whether liquid or
21solid, including food, salt, minerals, and other products that
22can be ingested, placed, or scattered in such a manner as to
23attract or lure white-tailed deer. "Baiting" means the
24placement or scattering of bait to attract deer. An area is
25considered as baited during the presence of and for 10
26consecutive days following the removal of bait. Nothing in this



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1Section shall prohibit the use of a dog to track wounded deer.
2Any person using a dog for tracking wounded deer must maintain
3physical control of the dog at all times by means of a maximum
450 foot lead attached to the dog's collar or harness. Tracking
5wounded deer is permissible at night, but at no time outside of
6legal deer hunting hours or seasons shall any person handling
7or accompanying a dog being used for tracking wounded deer be
8in possession of any firearm or archery device. Persons
9tracking wounded deer with a dog during the firearm deer
10seasons shall wear blaze orange as required. Dog handlers
11tracking wounded deer with a dog are exempt from hunting
12license and deer permit requirements so long as they are
13accompanied by the licensed deer hunter who wounded the deer.
14    It shall be unlawful to possess or transport any wild deer
15which has been injured or killed in any manner upon a public
16highway or public right-of-way of this State unless exempted by
17administrative rule.
18    Persons hunting deer must have gun unloaded and no bow and
19arrow device shall be carried with the arrow in the nocked
20position during hours when deer hunting is unlawful.
21    It shall be unlawful for any person, having taken the legal
22limit of deer by gun, to further participate with gun in any
23deer hunting party.
24    It shall be unlawful for any person, having taken the legal
25limit of deer by bow and arrow, to further participate with bow
26and arrow in any deer hunting party.



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1    The Department may prohibit upland game hunting during the
2gun deer season by administrative rule.
3    The Department shall not limit the number of non-resident
4either sex archery deer hunting permits to less than 20,000.
5    It shall be legal for handicapped persons, as defined in
6Section 2.33, and persons age 62 or older to utilize a crossbow
7device, as defined in Department rules, to take deer.
8    Any person who violates any of the provisions of this
9Section, including administrative rules, shall be guilty of a
10Class B misdemeanor.
11    For the purposes of calculating acreage under this Section,
12the Department shall, after determining the total acreage of
13the applicable tract or tracts of land, round remaining
14fractional portions of an acre greater than or equal to half of
15an acre up to the next whole acre.
16    For the purposes of taking white-tailed deer, nothing in
17this Section shall be construed to prevent the manipulation,
18including mowing or cutting, of standing crops as a normal
19agricultural or soil stabilization practice, food plots, or
20normal agricultural practices, including planting, harvesting,
21and maintenance such as cultivating or the use of products
22designed for scent only and not capable of ingestion, solid or
23liquid, placed or scattered, in such a manner as to attract or
24lure deer. Such manipulation for the purpose of taking
25white-tailed deer may be further modified by administrative



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1(Source: P.A. 96-162, eff. 1-1-10; 96-831, eff. 1-1-10;
296-1042, eff. 1-1-11; 97-564, eff. 8-25-11.)
3    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
4    Sec. 2.33. Prohibitions.
5    (a) It is unlawful to carry or possess any gun in any State
6refuge unless otherwise permitted by administrative rule.
7    (b) It is unlawful to use or possess any snare or
8snare-like device, deadfall, net, or pit trap to take any
9species, except that snares not powered by springs or other
10mechanical devices may be used to trap fur-bearing mammals, in
11water sets only, if at least one-half of the snare noose is
12located underwater at all times.
13    (c) It is unlawful for any person at any time to take a
14wild mammal protected by this Act from its den by means of any
15mechanical device, spade, or digging device or to use smoke or
16other gases to dislodge or remove such mammal except as
17provided in Section 2.37.
18    (d) It is unlawful to use a ferret or any other small
19mammal which is used in the same or similar manner for which
20ferrets are used for the purpose of frightening or driving any
21mammals from their dens or hiding places.
22    (e) (Blank).
23    (f) It is unlawful to use spears, gigs, hooks or any like
24device to take any species protected by this Act.
25    (g) It is unlawful to use poisons, chemicals or explosives



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1for the purpose of taking any species protected by this Act.
2    (h) It is unlawful to hunt adjacent to or near any peat,
3grass, brush or other inflammable substance when it is burning.
4    (i) It is unlawful to take, pursue or intentionally harass
5or disturb in any manner any wild birds or mammals by use or
6aid of any vehicle or conveyance, except as permitted by the
7Code of Federal Regulations for the taking of waterfowl. It is
8also unlawful to use the lights of any vehicle or conveyance or
9any light from or any light connected to the vehicle or
10conveyance in any area where wildlife may be found except in
11accordance with Section 2.37 of this Act; however, nothing in
12this Section shall prohibit the normal use of headlamps for the
13purpose of driving upon a roadway. Striped skunk, opossum, red
14fox, gray fox, raccoon and coyote may be taken during the open
15season by use of a small light which is worn on the body or
16hand-held by a person on foot and not in any vehicle.
17    (j) It is unlawful to use any shotgun larger than 10 gauge
18while taking or attempting to take any of the species protected
19by this Act.
20    (k) It is unlawful to use or possess in the field any
21shotgun shell loaded with a shot size larger than lead BB or
22steel T (.20 diameter) when taking or attempting to take any
23species of wild game mammals (excluding white-tailed deer),
24wild game birds, migratory waterfowl or migratory game birds
25protected by this Act, except white-tailed deer as provided for
26in Section 2.26 and other species as provided for by subsection



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



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1    (o) It is unlawful to use any crossbow for the purpose of
2taking any wild birds or mammals, except as provided for in
3Section 2.5 2.33.
4    (p) It is unlawful to take game birds, migratory game birds
5or migratory waterfowl with a rifle, pistol, revolver or
7    (q) It is unlawful to fire a rifle, pistol, revolver or
8airgun on, over or into any waters of this State, including
9frozen waters.
10    (r) It is unlawful to discharge any gun or bow and arrow
11device along, upon, across, or from any public right-of-way or
12highway in this State.
13    (s) It is unlawful to use a silencer or other device to
14muffle or mute the sound of the explosion or report resulting
15from the firing of any gun.
16    (t) It is unlawful for any person to trap or hunt, or
17intentionally or wantonly allow a dog to hunt, within or upon
18the land of another, or upon waters flowing over or standing on
19the land of another, without first obtaining permission from
20the owner or tenant. It shall be prima facie evidence that a
21person does not have permission of the owner or tenant if the
22person is unable to demonstrate to the law enforcement officer
23in the field that permission had been obtained. This provision
24may only be rebutted by testimony of the owner or tenant that
25permission had been given. Before enforcing this Section the
26law enforcement officer must have received notice from the



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



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



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1mammals, excluding coyotes.
2    (bb) It is unlawful for any person, except licensed game
3breeders, pursuant to Section 2.29 to import, carry into, or
4possess alive in this State any species of wildlife taken
5outside of this State, without obtaining permission to do so
6from the Director.
7    (cc) It is unlawful for any person to have in his or her
8possession any freshly killed species protected by this Act
9during the season closed for taking.
10    (dd) It is unlawful to take any species protected by this
11Act and retain it alive except as provided by administrative
13    (ee) It is unlawful to possess any rifle while in the field
14during gun deer season except as provided in Section 2.26 and
15administrative rules.
16    (ff) It is unlawful for any person to take any species
17protected by this Act, except migratory waterfowl, during the
18gun deer hunting season in those counties open to gun deer
19hunting, unless he or she wears, when in the field, a cap and
20upper outer garment of a solid blaze orange color, with such
21articles of clothing displaying a minimum of 400 square inches
22of blaze orange 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.
26For purposes of this Act, upland game is defined as Bobwhite



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1Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
2Cottontail and Swamp Rabbit.
3    (hh) It shall be unlawful to kill or cripple any species
4protected by this Act for which there is a daily bag limit
5without making a reasonable effort to retrieve such species and
6include such in the daily bag limit.
7    (ii) This Section shall apply only to those species
8protected by this Act taken within the State. Any species or
9any parts thereof, legally taken in and transported from other
10states or countries, may be possessed within the State, except
11as provided in this Section and Sections 2.35, 2.36 and 3.21.
12    (jj) (Blank). Nothing contained in this Section shall
13prohibit the use of bow and arrow, prohibit the use of a
14crossbow by persons age 62 or older, or prevent the Director
15from issuing permits to use a crossbow to handicapped persons
16as provided by administrative rule. As used herein,
17"handicapped persons" means those persons who have a physical
18impairment due to injury or disease, congenital or acquired,
19which renders them so severely disabled as to be unable to use
20a conventional bow and arrow device. Permits must be issued
21only after the receipt of a physician's statement confirming
22the applicant is handicapped as defined above.
23    (kk) Nothing contained in this Section shall prohibit the
24Director from issuing permits to paraplegics or to other
25disabled persons who meet the requirements set forth in
26administrative rule to shoot or hunt from a vehicle as provided



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1by that rule, provided that such is otherwise in accord with
2this Act.
3    (ll) Nothing contained in this Act shall prohibit the
4taking of aquatic life protected by the Fish and Aquatic Life
5Code or birds and mammals protected by this Act, except deer
6and fur-bearing mammals, from a boat not camouflaged or
7disguised to alter its identity or to further provide a place
8of concealment and not propelled by sail or mechanical power.
9However, only shotguns not larger than 10 gauge nor smaller
10than .410 bore loaded with not more than 3 shells of a shot
11size no larger than lead BB or steel T (.20 diameter) may be
12used to take species protected by this Act.
13    (mm) Nothing contained in this Act shall prohibit the use
14of a shotgun, not larger than 10 gauge nor smaller than a 20
15gauge, with a rifled barrel.
16(Source: P.A. 96-390, eff. 8-13-09; 97-645, eff. 12-30-11.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.