Illinois General Assembly - Full Text of HB5894
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Full Text of HB5894  98th General Assembly


Rep. Jim Durkin

Filed: 3/21/2014





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2    AMENDMENT NO. ______. Amend House Bill 5894 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Wildlife Code is amended by changing
5Section 1.19 as follows:
6    (520 ILCS 5/1.19)  (from Ch. 61, par. 1.19)
7    Sec. 1.19. All authorized employees of the Department are
8empowered, pursuant to law, to enter all lands and waters to
9enforce the provisions of this Code Act. Authorized employees
10with a reasonable suspicion that they will find evidence of a
11violation of this Code may are further empowered to examine all
12buildings, private or public clubs (except dwellings), fish
13markets, cold storage houses, locker plants, camps, vessels,
14cars (except sealed railroad cars or other sealed common
15carrier), conveyances, vehicles, watercraft or other means of
16transportation or shipping whatsoever, tents, game bags, game



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1coats or other receptacles, and to open and examine any box,
2barrel, package, or other receptacle in the possession of a
3common carrier, which might contain they have reason to believe
4contains wild birds or any part thereof (their nests or eggs),
5or wild mammals or any part thereof, taken, destroyed, bought,
6sold or bartered, shipped, or held in possession contrary to
7any of the provisions of this Code Act, including
8administrative rules, or that the receptacle containing the
9same is falsely labeled.
10    All authorized employees of the Department shall be given
11free access to and shall not be hindered or interfered with in
12making such examination, and any license issued by the
13Department held by the person preventing such free access or
14interfering with or hindering such authorized employee shall be
15subject to confiscation by the Department; and no license or
16permit of any kind whatsoever shall be issued to such person
17for the period of one year thereafter.
18    Authorized law enforcement employees of the Department are
19empowered to conduct examination of equipment and devices in
20the field, pursuant to law, to ensure compliance with the
21provisions of this Code Act.
22    However, no employee of the Department shall enter any home
23or its curtilage without a valid warrant, permission, or
24reasonable suspicion that the home or its curtilage contains
25evidence of a violation of this Code.
26    In determining what constitutes "curtilage", the



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1Department shall consider, but is not limited to considering,
2the proximity of the area to the home, whether the area is
3included within an enclosure surrounding the home, the nature
4of the uses to which the area is put, the steps taken by the
5resident to protect the area from observation by people passing
6by, or any combination of these factors.
7(Source: P.A. 85-152.)
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".