Sen. Gary Forby

Filed: 5/17/2012





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2    AMENDMENT NO. ______. Amend House Bill 4819 by replacing
3everything after the enacting clause with the following:
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



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1    by administrative rule; or
2        (3) the date of using the crossbow is during the period
3    of the second Monday following the Thanksgiving holiday
4    through the last day of the archery deer hunting season
5    (both inclusive) set annually by the Director.
6    As used in this Section, "handicapped person" means a
7person who has a physical impairment due to injury or disease,
8congenital or acquired, which renders them so severely disabled
9as to be unable to use a longbow, recurve bow, or compound bow.
10Permits must be issued only after the receipt of a physician's
11statement confirming the applicant is handicapped as defined
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, or muzzleloading rifle or
16(ii) as provided by administrative rule, with a bow and arrow,
17or crossbow device for handicapped persons, as defined in
18Section 2.33, and persons age 62 or older during the open
19season of not more than 14 days which will be set annually by
20the Director between the dates of November 1st and December
2131st, both inclusive, or a special 2-day, youth-only season
22between the dates of September 1 and October 31. For the
23purposes of this Section, legal handguns include any centerfire
24handguns of .30 caliber or larger with a minimum barrel length
25of 4 inches. The only legal ammunition for a centerfire handgun



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1is a cartridge of .30 caliber or larger with a capability of at
2least 500 foot pounds of energy at the muzzle. Full metal
3jacket bullets may not be used to harvest deer.
4    The Department shall make administrative rules concerning
5management restrictions applicable to the firearm and bow and
6arrow season.
7    It shall be unlawful for any person to take deer except
8with a bow and arrow, or crossbow device for handicapped
9persons, as defined in Section 2.33, and persons age 62 or
10older during the open season for bow and arrow set annually by
11the Director between the dates of September 1st and January
1231st, both inclusive.
13    It shall be unlawful for any person to take deer except
14with (i) a muzzleloading rifle, or (ii) bow and arrow, or
15crossbow device for handicapped persons, as defined in Section
162.33, and persons age 62 or older during the open season for
17muzzleloading rifles set annually by the Director.
18    The Director shall cause an administrative rule setting
19forth the prescribed rules and regulations, including bag and
20possession limits and those counties of the State where open
21seasons are established, to be published in accordance with
22Sections 1.3 and 1.13 of this Act.
23    The Department may establish separate harvest periods for
24the purpose of managing or eradicating disease that has been
25found in the deer herd. This season shall be restricted to gun
26or bow and arrow hunting only. The Department shall publicly



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1announce, via statewide news release, the season dates and
2shooting hours, the counties and sites open to hunting, permit
3requirements, application dates, hunting rules, legal weapons,
4and reporting requirements.
5    The Department is authorized to establish a separate
6harvest period at specific sites within the State for the
7purpose of harvesting surplus deer that cannot be taken during
8the regular season provided for the taking of deer. This season
9shall be restricted to gun or bow and arrow hunting only and
10shall be established during the period of September 1st to
11February 15th, both inclusive. The Department shall publish
12suitable prescribed rules and regulations established by
13administrative rule pertaining to management restrictions
14applicable to this special harvest program. The Department
15shall allow unused gun deer permits that are left over from a
16regular season for the taking of deer to be rolled over and
17used during any separate harvest period held within 6 months of
18the season for which those tags were issued at no additional
19cost to the permit holder subject to the management
20restrictions applicable to the special harvest program.
21(Source: P.A. 94-919, eff. 6-26-06; 95-13, eff. 1-1-08; 95-329,
22eff. 8-21-07; 95-876, eff. 8-21-08.)
23    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
24    Sec. 2.26. Deer hunting permits. In this Section, "bona
25fide equity shareholder" means an individual who (1) purchased,



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1for market price, publicly sold stock shares in a corporation,
2purchased shares of a privately-held corporation for a value
3equal to the percentage of the appraised value of the corporate
4assets represented by the ownership in the corporation, or is a
5member of a closely-held family-owned corporation and has
6purchased or been gifted with shares of stock in the
7corporation accurately reflecting his or her percentage of
8ownership and (2) intends to retain the ownership of the shares
9of stock for at least 5 years.
10    In this Section, "bona fide equity member" means an
11individual who (1) (i) became a member upon the formation of
12the limited liability company or (ii) has purchased a
13distributional interest in a limited liability company for a
14value equal to the percentage of the appraised value of the LLC
15assets represented by the distributional interest in the LLC
16and subsequently becomes a member of the company pursuant to
17Article 30 of the Limited Liability Company Act and who (2)
18intends to retain the membership for at least 5 years.
19    In this Section, "bona fide equity partner" means an
20individual who (1) (i) became a partner, either general or
21limited, upon the formation of a partnership or limited
22partnership, or (ii) has purchased, acquired, or been gifted a
23partnership interest accurately representing his or her
24percentage distributional interest in the profits, losses, and
25assets of a partnership or limited partnership, (2) intends to
26retain ownership of the partnership interest for at least 5



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1years, and (3) is a resident of Illinois.
2    Any person attempting to take deer shall first obtain a
3"Deer Hunting Permit" issued by the Department in accordance
4with its administrative rules. Those rules must provide for the
5issuance of the following types of resident deer archery
6permits: (i) a combination permit, consisting of one either-sex
7permit and one antlerless-only permit, (ii) a single
8antlerless-only permit, and (iii) a single either-sex permit.
9The fee for a Deer Hunting Permit to take deer with either bow
10and arrow or gun shall not exceed $25.00 for residents of the
11State. The Department may by administrative rule provide for
12non-resident deer hunting permits for which the fee will not
13exceed $300 in 2005, $350 in 2006, and $400 in 2007 and
14thereafter except as provided below for non-resident
15landowners and non-resident archery hunters. The Department
16may by administrative rule provide for a non-resident archery
17deer permit consisting of not more than 2 harvest tags at a
18total cost not to exceed $325 in 2005, $375 in 2006, and $425
19in 2007 and thereafter. Permits shall be issued without charge
21        (a) Illinois landowners residing in Illinois who own at
22    least 40 acres of Illinois land and wish to hunt their land
23    only,
24        (b) resident tenants of at least 40 acres of commercial
25    agricultural land where they will hunt, and
26        (c) Bona fide equity shareholders of a corporation,



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



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1    The deer hunting permit issued without fee shall be valid
2on all farm lands which the person to whom it is issued owns,
3leases or rents, except that in the case of a permit issued to
4a bona fide equity shareholder, bona fide equity member, or
5bona fide equity partner, the permit shall be valid on all
6lands owned by the corporation, limited liability company, or
7partnership in the county.
8    The standards and specifications for use of guns and bow
9and arrow for deer hunting shall be established by
10administrative rule.
11    No person may have in his possession any firearm not
12authorized by administrative rule for a specific hunting season
13when taking deer.
14    Persons having a firearm deer hunting permit shall be
15permitted to take deer only during the period from 1/2 hour
16before sunrise to 1/2 hour after sunset, and only during those
17days for which an open season is established for the taking of
18deer by use of shotgun, handgun, or muzzle loading rifle.
19    Persons having an archery deer hunting permit shall be
20permitted to take deer only during the period from 1/2 hour
21before sunrise to 1/2 hour after sunset, and only during those
22days for which an open season is established for the taking of
23deer by use of bow and arrow.
24    It shall be unlawful for any person to take deer by use of
25dogs, horses, automobiles, aircraft or other vehicles, or by
26the use or aid of bait or baiting of any kind. For the purposes



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1of this Section, "bait" means any material, whether liquid or
2solid, including food, salt, minerals, and other products that
3can be ingested, placed, or scattered in such a manner as to
4attract or lure white-tailed deer. "Baiting" means the
5placement or scattering of bait to attract deer. An area is
6considered as baited during the presence of and for 10
7consecutive days following the removal of bait. Nothing in this
8Section shall prohibit the use of a dog to track wounded deer.
9Any person using a dog for tracking wounded deer must maintain
10physical control of the dog at all times by means of a maximum
1150 foot lead attached to the dog's collar or harness. Tracking
12wounded deer is permissible at night, but at no time outside of
13legal deer hunting hours or seasons shall any person handling
14or accompanying a dog being used for tracking wounded deer be
15in possession of any firearm or archery device. Persons
16tracking wounded deer with a dog during the firearm deer
17seasons shall wear blaze orange as required. Dog handlers
18tracking wounded deer with a dog are exempt from hunting
19license and deer permit requirements so long as they are
20accompanied by the licensed deer hunter who wounded the deer.
21    It shall be unlawful to possess or transport any wild deer
22which has been injured or killed in any manner upon a public
23highway or public right-of-way of this State unless exempted by
24administrative rule.
25    Persons hunting deer must have gun unloaded and no bow and
26arrow device shall be carried with the arrow in the nocked



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1position during hours when deer hunting is unlawful.
2    It shall be unlawful for any person, having taken the legal
3limit of deer by gun, to further participate with gun in any
4deer hunting party.
5    It shall be unlawful for any person, having taken the legal
6limit of deer by bow and arrow, to further participate with bow
7and arrow in any deer hunting party.
8    The Department may prohibit upland game hunting during the
9gun deer season by administrative rule.
10    The Department shall not limit the number of non-resident
11either sex archery deer hunting permits to less than 20,000.
12    It shall be legal for handicapped persons, as defined in
13Section 2.33, and persons age 62 or older to utilize a crossbow
14device, as defined in Department rules, to take deer.
15    Any person who violates any of the provisions of this
16Section, including administrative rules, shall be guilty of a
17Class B misdemeanor.
18    For the purposes of calculating acreage under this Section,
19the Department shall, after determining the total acreage of
20the applicable tract or tracts of land, round remaining
21fractional portions of an acre greater than or equal to half of
22an acre up to the next whole acre.
23    For the purposes of taking white-tailed deer, nothing in
24this Section shall be construed to prevent the manipulation,
25including mowing or cutting, of standing crops as a normal
26agricultural or soil stabilization practice, food plots, or



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1normal agricultural practices, including planting, harvesting,
2and maintenance such as cultivating or the use of products
3designed for scent only and not capable of ingestion, solid or
4liquid, placed or scattered, in such a manner as to attract or
5lure deer. Such manipulation for the purpose of taking
6white-tailed deer may be further modified by administrative
8(Source: P.A. 96-162, eff. 1-1-10; 96-831, eff. 1-1-10;
996-1042, eff. 1-1-11; 97-564, eff. 8-25-11.)
10    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
11    Sec. 2.33. Prohibitions.
12    (a) It is unlawful to carry or possess any gun in any State
13refuge unless otherwise permitted by administrative rule.
14    (b) It is unlawful to use or possess any snare or
15snare-like device, deadfall, net, or pit trap to take any
16species, except that snares not powered by springs or other
17mechanical devices may be used to trap fur-bearing mammals, in
18water sets only, if at least one-half of the snare noose is
19located underwater at all times.
20    (c) It is unlawful for any person at any time to take a
21wild mammal protected by this Act from its den by means of any
22mechanical device, spade, or digging device or to use smoke or
23other gases to dislodge or remove such mammal except as
24provided in Section 2.37.
25    (d) It is unlawful to use a ferret or any other small



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



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1    (k) It is unlawful to use or possess in the field any
2shotgun shell loaded with a shot size larger than lead BB or
3steel T (.20 diameter) when taking or attempting to take any
4species of wild game mammals (excluding white-tailed deer),
5wild game birds, migratory waterfowl or migratory game birds
6protected by this Act, except white-tailed deer as provided for
7in Section 2.26 and other species as provided for by subsection
8(l) or administrative rule.
9    (l) It is unlawful to take any species of wild game, except
10white-tailed deer, with a shotgun loaded with slugs unless
11otherwise provided for by administrative rule.
12    (m) It is unlawful to use any shotgun capable of holding
13more than 3 shells in the magazine or chamber combined, except
14on game breeding and hunting preserve areas licensed under
15Section 3.27 and except as permitted by the Code of Federal
16Regulations for the taking of waterfowl. If the shotgun is
17capable of holding more than 3 shells, it shall, while being
18used on an area other than a game breeding and shooting
19preserve area licensed pursuant to Section 3.27, be fitted with
20a one piece plug that is irremovable without dismantling the
21shotgun or otherwise altered to render it incapable of holding
22more than 3 shells in the magazine and chamber, combined.
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 be
4carried on horseback while not contained in a case, or to have
5or carry any bow or arrow device in or on any vehicle unless
6such bow or arrow device is unstrung or enclosed in a case, or
7otherwise made inoperable.
8    (o) It is unlawful to use any crossbow for the purpose of
9taking any wild birds or mammals, except as provided for in
10Section 2.5 2.33.
11    (p) It is unlawful to take game birds, migratory game birds
12or migratory waterfowl with a rifle, pistol, revolver or
14    (q) It is unlawful to fire a rifle, pistol, revolver or
15airgun on, over or into any waters of this State, including
16frozen waters.
17    (r) It is unlawful to discharge any gun or bow and arrow
18device along, upon, across, or from any public right-of-way or
19highway in this State.
20    (s) It is unlawful to use a silencer or other device to
21muffle or mute the sound of the explosion or report resulting
22from the firing of any gun.
23    (t) It is unlawful for any person to trap or hunt, or
24intentionally or wantonly allow a dog to hunt, within or upon
25the land of another, or upon waters flowing over or standing on
26the land of another, without first obtaining permission from



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1the owner or tenant. It shall be prima facie evidence that a
2person does not have permission of the owner or tenant if the
3person is unable to demonstrate to the law enforcement officer
4in the field that permission had been obtained. This provision
5may only be rebutted by testimony of the owner or tenant that
6permission had been given. Before enforcing this Section the
7law enforcement officer must have received notice from the
8owner or tenant of a violation of this Section. Statements made
9to the law enforcement officer regarding this notice shall not
10be rendered inadmissible by the hearsay rule when offered for
11the purpose of showing the required notice.
12    (u) It is unlawful for any person to discharge any firearm
13for the purpose of taking any of the species protected by this
14Act, or hunt with gun or dog, or intentionally or wantonly
15allow a dog to hunt, within 300 yards of an inhabited dwelling
16without first obtaining permission from the owner or tenant,
17except that while trapping, hunting with bow and arrow, hunting
18with dog and shotgun using shot shells only, or hunting with
19shotgun using shot shells only, or on licensed game breeding
20and hunting preserve areas, as defined in Section 3.27, on
21property operated under a Migratory Waterfowl Hunting Area
22Permit, on federally owned and managed lands and on Department
23owned, managed, leased or controlled lands, a 100 yard
24restriction shall apply.
25    (v) It is unlawful for any person to remove fur-bearing
26mammals from, or to move or disturb in any manner, the traps



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1owned by another person without written authorization of the
2owner to do so.
3    (w) It is unlawful for any owner of a dog to knowingly or
4wantonly allow his or her dog to pursue, harass or kill deer,
5except that nothing in this Section shall prohibit the tracking
6of wounded deer with a dog in accordance with the provisions of
7Section 2.26 of this Code.
8    (x) It is unlawful for any person to wantonly or carelessly
9injure or destroy, in any manner whatsoever, any real or
10personal property on the land of another while engaged in
11hunting or trapping thereon.
12    (y) It is unlawful to hunt wild game protected by this Act
13between one half hour after sunset and one half hour before
14sunrise, except that hunting hours between one half hour after
15sunset and one half hour before sunrise may be established by
16administrative rule for fur-bearing mammals.
17    (z) It is unlawful to take any game bird (excluding wild
18turkeys and crippled pheasants not capable of normal flight and
19otherwise irretrievable) protected by this Act when not flying.
20Nothing in this Section shall prohibit a person from carrying
21an uncased, unloaded shotgun in a boat, while in pursuit of a
22crippled migratory waterfowl that is incapable of normal
23flight, for the purpose of attempting to reduce the migratory
24waterfowl to possession, provided that the attempt is made
25immediately upon downing the migratory waterfowl and is done
26within 400 yards of the blind from which the migratory



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1waterfowl was downed. This exception shall apply only to
2migratory game birds that are not capable of normal flight.
3Migratory waterfowl that are crippled may be taken only with a
4shotgun as regulated by subsection (j) of this Section using
5shotgun shells as regulated in subsection (k) of this Section.
6    (aa) It is unlawful to use or possess any device that may
7be used for tree climbing or cutting, while hunting fur-bearing
8mammals, excluding coyotes.
9    (bb) It is unlawful for any person, except licensed game
10breeders, pursuant to Section 2.29 to import, carry into, or
11possess alive in this State any species of wildlife taken
12outside of this State, without obtaining permission to do so
13from the Director.
14    (cc) It is unlawful for any person to have in his or her
15possession any freshly killed species protected by this Act
16during the season closed for taking.
17    (dd) It is unlawful to take any species protected by this
18Act and retain it alive except as provided by administrative
20    (ee) It is unlawful to possess any rifle while in the field
21during gun deer season except as provided in Section 2.26 and
22administrative rules.
23    (ff) It is unlawful for any person to take any species
24protected by this Act, except migratory waterfowl, during the
25gun deer hunting season in those counties open to gun deer
26hunting, unless he or she wears, when in the field, a cap and



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1upper outer garment of a solid blaze orange color, with such
2articles of clothing displaying a minimum of 400 square inches
3of blaze orange material.
4    (gg) It is unlawful during the upland game season for any
5person to take upland game with a firearm unless he or she
6wears, while in the field, a cap of solid blaze orange color.
7For purposes of this Act, upland game is defined as Bobwhite
8Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
9Cottontail and Swamp Rabbit.
10    (hh) It shall be unlawful to kill or cripple any species
11protected by this Act for which there is a daily bag limit
12without making a reasonable effort to retrieve such species and
13include such in the daily bag limit.
14    (ii) This Section shall apply only to those species
15protected by this Act taken within the State. Any species or
16any parts thereof, legally taken in and transported from other
17states or countries, may be possessed within the State, except
18as provided in this Section and Sections 2.35, 2.36 and 3.21.
19    (jj) (Blank). Nothing contained in this Section shall
20prohibit the use of bow and arrow, prohibit the use of a
21crossbow by persons age 62 or older, or prevent the Director
22from issuing permits to use a crossbow to handicapped persons
23as provided by administrative rule. As used herein,
24"handicapped persons" means those persons who have a physical
25impairment due to injury or disease, congenital or acquired,
26which renders them so severely disabled as to be unable to use



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1a conventional bow and arrow device. Permits must be issued
2only after the receipt of a physician's statement confirming
3the applicant is handicapped as defined above.
4    (kk) Nothing contained in this Section shall prohibit the
5Director from issuing permits to paraplegics or to other
6disabled persons who meet the requirements set forth in
7administrative rule to shoot or hunt from a vehicle as provided
8by that rule, provided that such is otherwise in accord with
9this Act.
10    (ll) Nothing contained in this Act shall prohibit the
11taking of aquatic life protected by the Fish and Aquatic Life
12Code or birds and mammals protected by this Act, except deer
13and fur-bearing mammals, from a boat not camouflaged or
14disguised to alter its identity or to further provide a place
15of concealment and not propelled by sail or mechanical power.
16However, only shotguns not larger than 10 gauge nor smaller
17than .410 bore loaded with not more than 3 shells of a shot
18size no larger than lead BB or steel T (.20 diameter) may be
19used to take species protected by this Act.
20    (mm) Nothing contained in this Act shall prohibit the use
21of a shotgun, not larger than 10 gauge nor smaller than a 20
22gauge, with a rifled barrel.
23(Source: P.A. 96-390, eff. 8-13-09; 97-645, eff. 12-30-11.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".