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

HB4386ham001 102ND GENERAL ASSEMBLY

Rep. Lance Yednock

Filed: 2/17/2022

 

 


 

 


 
10200HB4386ham001LRB102 23033 NLB 35995 a

1
AMENDMENT TO HOUSE BILL 4386

2    AMENDMENT NO. ______. Amend House Bill 4386 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 1.2aa 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

 

 

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1of a person who is also in possession of or in close proximity
2to a magazine that would allow the rifle to be capable of
3holding more than one round or (b) a revolver. A gun shall be
4considered single shot if there is no magazine in the
5possession of or in close proximity to a hunter in the field
6and the gun can only hold a total of one round.
 
7    (520 ILCS 5/2.25)  (from Ch. 61, par. 2.25)
8    Sec. 2.25. It shall be unlawful for any person to take deer
9except (i) with a shotgun, handgun, single shot centerfire
10rifle, or muzzleloading rifle or (ii) as provided by
11administrative rule, with a bow and arrow, 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 3-day, youth-only season
15between the dates of September 1 and October 31. For the
16purposes of this Section, legal handguns and rifles are
17limited to include any centerfire handguns that are either a
18single shot or revolver and centerfire rifles that are single
19shot of .30 caliber or larger with a minimum barrel length of 4
20inches. The only legal ammunition for a centerfire handgun or
21rifle is a bottleneck centerfire cartridge of .30 caliber or
22larger with a case length not exceeding one and two-fifths
23inches, or a straight-walled centerfire cartridge of .30
24caliber or larger, both of which must be available as a factory
25load with the published ballistic tables of the manufacturer

 

 

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1showing a capability of at least 500 foot pounds of energy at
2the muzzle. The barrel of a handgun shall be at least 4 inches.
3Full metal jacket 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 during the open season for bow and arrow
9set annually by the Director between the dates of September
101st and January 31st, both inclusive.
11    It shall be unlawful for any person to take deer except
12with (i) a muzzleloading rifle or (ii) bow and arrow during the
13open season for muzzleloading rifles set annually by the
14Director.
15    The Director shall cause an administrative rule setting
16forth the prescribed rules and regulations, including bag and
17possession limits and those counties of the State where open
18seasons are established, to be published in accordance with
19Sections 1.3 and 1.13 of this Act.
20    The Department may establish separate harvest periods for
21the purpose of managing or eradicating disease that has been
22found in the deer herd. This season shall be restricted to gun
23or bow and arrow hunting only. The Department shall publicly
24announce, via statewide news release, the season dates and
25shooting hours, the counties and sites open to hunting.
26    The Department is authorized to establish a separate

 

 

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

 

 

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1(Source: P.A. 101-66, eff. 7-12-19; 102-314, eff. 1-1-22.)
 
2    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
3    Sec. 2.26. Deer hunting permits. Any person attempting to
4take deer shall first obtain a "Deer Hunting Permit" issued by
5the Department in accordance with its administrative rules.
6Those rules must provide for the issuance of the following
7types of resident deer archery permits: (i) a combination
8permit, consisting of one either-sex permit and one
9antlerless-only permit, (ii) a single antlerless-only permit,
10and (iii) a single either-sex permit. The fee for a Deer
11Hunting Permit to take deer with either bow and arrow or gun
12shall not exceed $25.00 for residents of the State. The
13Department may by administrative rule provide for non-resident
14deer hunting permits for which the fee will not exceed $300 in
152005, $350 in 2006, and $400 in 2007 and thereafter except as
16provided below for non-resident landowners and non-resident
17archery hunters. The Department may by administrative rule
18provide for a non-resident archery deer permit consisting of
19not more than 2 harvest tags at a total cost not to exceed $325
20in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
21fees for a youth resident and non-resident archery deer permit
22shall be the same.
23    The Department shall create a pilot program during the
24special 3-day, youth-only deer hunting season to allow for
25youth deer hunting permits that are valid statewide, excluding

 

 

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1those counties or portions of counties closed to firearm deer
2hunting. The Department shall adopt rules to implement the
3pilot program. Nothing in this paragraph shall be construed to
4prohibit the Department from issuing Special Hunt Area Permits
5for the youth-only deer hunting season or establishing,
6through administrative rule, additional requirements
7pertaining to the youth-only deer hunting season on
8Department-owned or Department-managed sites, including
9site-specific quotas or drawings. The provisions of this
10paragraph are inoperative on and after January 1, 2023.
11    The standards and specifications for use of guns and bow
12and arrow for deer hunting shall be established by
13administrative rule.
14    No person may have in his or her possession any firearm not
15authorized by administrative rule for a specific hunting
16season when taking deer unless in accordance with the Firearm
17Concealed Carry Act.
18    Persons having a firearm deer hunting permit shall be
19permitted to take deer only during the period from 1/2 hour
20before sunrise to 1/2 hour after sunset, and only during those
21days for which an open season is established for the taking of
22deer by use of shotgun, handgun, rifle, or muzzle loading
23rifle.
24    Persons having an archery 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

 

 

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

 

 

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1    It shall be unlawful to possess or transport any wild deer
2which has been injured or killed in any manner upon a public
3highway or public right-of-way of this State unless exempted
4by administrative rule.
5    Persons hunting deer must have gun unloaded and no bow and
6arrow device shall be carried with the arrow in the nocked
7position during hours when deer hunting is unlawful.
8    It shall be unlawful for any person, having taken the
9legal limit of deer by gun, to further participate with gun in
10any deer hunting party.
11    It shall be unlawful for any person, having taken the
12legal limit of deer by bow and arrow, to further participate
13with bow and arrow in any deer hunting party.
14    The Department may prohibit upland game hunting during the
15gun deer season by administrative rule.
16    The Department shall not limit the number of non-resident,
17either-sex archery deer hunting permits to less than 20,000.
18    Any person who violates any of the provisions of this
19Section, including administrative rules, shall be guilty of a
20Class B misdemeanor.
21    For the purposes of calculating acreage under this
22Section, the Department shall, after determining the total
23acreage of the applicable tract or tracts of land, round
24remaining fractional portions of an acre greater than or equal
25to half of an acre up to the next whole acre.
26    For the purposes of taking white-tailed deer, nothing in

 

 

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1this Section shall be construed to prevent the manipulation,
2including mowing or cutting, of standing crops as a normal
3agricultural or soil stabilization practice, food plots, or
4normal agricultural practices, including planting, harvesting,
5and maintenance such as cultivating or the use of products
6designed for scent only and not capable of ingestion, solid or
7liquid, placed or scattered, in such a manner as to attract or
8lure deer. Such manipulation for the purpose of taking
9white-tailed deer may be further modified by administrative
10rule.
11(Source: P.A. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20;
12102-237, eff. 1-1-22.)
 
13    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
14    Sec. 2.33. Prohibitions.
15    (a) It is unlawful to carry or possess any gun in any State
16refuge unless otherwise permitted by administrative rule.
17    (b) It is unlawful to use or possess any snare or
18snare-like device, deadfall, net, or pit trap to take any
19species, except that snares not powered by springs or other
20mechanical devices may be used to trap fur-bearing mammals, in
21water sets only, if at least one-half of the snare noose is
22located underwater at all times.
23    (c) It is unlawful for any person at any time to take a
24wild mammal protected by this Act from its den by means of any
25mechanical device, spade, or digging device or to use smoke or

 

 

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1other gases to dislodge or remove such mammal except as
2provided in Section 2.37.
3    (d) It is unlawful to use a ferret or any other small
4mammal which is used in the same or similar manner for which
5ferrets are used for the purpose of frightening or driving any
6mammals from their dens or hiding places.
7    (e) (Blank).
8    (f) It is unlawful to use spears, gigs, hooks or any like
9device to take any species protected by this Act.
10    (g) It is unlawful to use poisons, chemicals or explosives
11for the purpose of taking any species protected by this Act.
12    (h) It is unlawful to hunt adjacent to or near any peat,
13grass, brush or other inflammable substance when it is
14burning.
15    (i) It is unlawful to take, pursue or intentionally harass
16or disturb in any manner any wild birds or mammals by use or
17aid of any vehicle or conveyance, except as permitted by the
18Code of Federal Regulations for the taking of waterfowl. It is
19also unlawful to use the lights of any vehicle or conveyance or
20any light from or any light connected to the vehicle or
21conveyance in any area where wildlife may be found except in
22accordance with Section 2.37 of this Act; however, nothing in
23this Section shall prohibit the normal use of headlamps for
24the purpose of driving upon a roadway. Striped skunk, opossum,
25red fox, gray fox, raccoon, bobcat, and coyote may be taken
26during the open season by use of a small light which is worn on

 

 

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1the body or hand-held by a person on foot and not in any
2vehicle.
3    (j) It is unlawful to use any shotgun larger than 10 gauge
4while taking or attempting to take any of the species
5protected by this Act.
6    (k) It is unlawful to use or possess in the field any
7shotgun shell loaded with a shot size larger than lead BB or
8steel T (.20 diameter) when taking or attempting to take any
9species of wild game mammals (excluding white-tailed deer),
10wild game birds, migratory waterfowl or migratory game birds
11protected by this Act, except white-tailed deer as provided
12for in Section 2.26 and other species as provided for by
13subsection (l) or administrative rule.
14    (l) It is unlawful to take any species of wild game, except
15white-tailed deer and fur-bearing mammals, with a shotgun
16loaded with slugs unless otherwise provided for by
17administrative rule.
18    (m) It is unlawful to use any shotgun capable of holding
19more than 3 shells in the magazine or chamber combined, except
20on game breeding and hunting preserve areas licensed under
21Section 3.27 and except as permitted by the Code of Federal
22Regulations for the taking of waterfowl. If the shotgun is
23capable of holding more than 3 shells, it shall, while being
24used on an area other than a game breeding and shooting
25preserve area licensed pursuant to Section 3.27, be fitted
26with a one piece plug that is irremovable without dismantling

 

 

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1the shotgun or otherwise altered to render it incapable of
2holding more than 3 shells in the magazine and chamber,
3combined.
4    (n) It is unlawful for any person, except persons who
5possess a permit to hunt from a vehicle as provided in this
6Section and persons otherwise permitted by law, to have or
7carry any gun in or on any vehicle, conveyance or aircraft,
8unless such gun is unloaded and enclosed in a case, except that
9at field trials authorized by Section 2.34 of this Act,
10unloaded guns or guns loaded with blank cartridges only, may
11be carried on horseback while not contained in a case, or to
12have or carry any bow or arrow device in or on any vehicle
13unless such bow or arrow device is unstrung or enclosed in a
14case, or otherwise made inoperable unless in accordance with
15the Firearm Concealed Carry Act.
16    (o) (Blank).
17    (p) It is unlawful to take game birds, migratory game
18birds or migratory waterfowl with a rifle, pistol, revolver or
19airgun.
20    (q) It is unlawful to fire a rifle, pistol, revolver or
21airgun on, over or into any waters of this State, including
22frozen waters.
23    (r) It is unlawful to discharge any gun or bow and arrow
24device along, upon, across, or from any public right-of-way or
25highway in this State.
26    (s) It is unlawful to use a silencer or other device to

 

 

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1muffle or mute the sound of the explosion or report resulting
2from the firing of any gun.
3    (t) It is unlawful for any person to take or attempt to
4take any species of wildlife or parts thereof, intentionally
5or wantonly allow a dog to hunt, within or upon the land of
6another, or upon waters flowing over or standing on the land of
7another, or to knowingly shoot a gun or bow and arrow device at
8any wildlife physically on or flying over the property of
9another without first obtaining permission from the owner or
10the owner's designee. For the purposes of this Section, the
11owner's designee means anyone who the owner designates in a
12written authorization and the authorization must contain (i)
13the legal or common description of property for such authority
14is given, (ii) the extent that the owner's designee is
15authorized to make decisions regarding who is allowed to take
16or attempt to take any species of wildlife or parts thereof,
17and (iii) the owner's notarized signature. Before enforcing
18this Section the law enforcement officer must have received
19notice from the owner or the owner's designee of a violation of
20this Section. Statements made to the law enforcement officer
21regarding this notice shall not be rendered inadmissible by
22the hearsay rule when offered for the purpose of showing the
23required notice.
24    (u) It is unlawful for any person to discharge any firearm
25for the purpose of taking any of the species protected by this
26Act, or hunt with gun or dog, or intentionally or wantonly

 

 

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1allow a dog to hunt, within 300 yards of an inhabited dwelling
2without first obtaining permission from the owner or tenant,
3except that while trapping, hunting with bow and arrow,
4hunting with dog and shotgun using shot shells only, or
5hunting with shotgun using shot shells only, or providing
6outfitting services under a waterfowl outfitter permit, or on
7licensed game breeding and hunting preserve areas, as defined
8in Section 3.27, on federally owned and managed lands and on
9Department owned, managed, leased, or controlled lands, a 100
10yard restriction shall apply.
11    (v) It is unlawful for any person to remove fur-bearing
12mammals from, or to move or disturb in any manner, the traps
13owned by another person without written authorization of the
14owner to do so.
15    (w) It is unlawful for any owner of a dog to knowingly or
16wantonly allow his or her dog to pursue, harass or kill deer,
17except that nothing in this Section shall prohibit the
18tracking of wounded deer with a dog in accordance with the
19provisions of Section 2.26 of this Code.
20    (x) It is unlawful for any person to wantonly or
21carelessly injure or destroy, in any manner whatsoever, any
22real or personal property on the land of another while engaged
23in hunting or trapping thereon.
24    (y) It is unlawful to hunt wild game protected by this Act
25between one half hour after sunset and one half hour before
26sunrise, except that hunting hours between one half hour after

 

 

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1sunset and one half hour before sunrise may be established by
2administrative rule for fur-bearing mammals.
3    (z) It is unlawful to take any game bird (excluding wild
4turkeys and crippled pheasants not capable of normal flight
5and otherwise irretrievable) protected by this Act when not
6flying. Nothing in this Section shall prohibit a person from
7carrying an uncased, unloaded shotgun in a boat, while in
8pursuit of a crippled migratory waterfowl that is incapable of
9normal flight, for the purpose of attempting to reduce the
10migratory waterfowl to possession, provided that the attempt
11is made immediately upon downing the migratory waterfowl and
12is done within 400 yards of the blind from which the migratory
13waterfowl was downed. This exception shall apply only to
14migratory game birds that are not capable of normal flight.
15Migratory waterfowl that are crippled may be taken only with a
16shotgun as regulated by subsection (j) of this Section using
17shotgun shells as regulated in subsection (k) of this Section.
18    (aa) It is unlawful to use or possess any device that may
19be used for tree climbing or cutting, while hunting
20fur-bearing mammals, excluding coyotes.
21    (bb) It is unlawful for any person, except licensed game
22breeders, pursuant to Section 2.29 to import, carry into, or
23possess alive in this State any species of wildlife taken
24outside of this State, without obtaining permission to do so
25from the Director.
26    (cc) It is unlawful for any person to have in his or her

 

 

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1possession any freshly killed species protected by this Act
2during the season closed for taking.
3    (dd) It is unlawful to take any species protected by this
4Act and retain it alive except as provided by administrative
5rule.
6    (ee) It is unlawful to possess any rifle while in the field
7during gun deer season except as provided in Sections 2.25 and
8Section 2.26 and administrative rules.
9    (ff) It is unlawful for any person to take any species
10protected by this Act, except migratory waterfowl, during the
11gun deer hunting season in those counties open to gun deer
12hunting, unless he or she wears, when in the field, a cap and
13upper outer garment of a solid blaze orange color or solid
14blaze pink color, with such articles of clothing displaying a
15minimum of 400 square inches of blaze orange or solid blaze
16pink color material.
17    (gg) It is unlawful during the upland game season for any
18person to take upland game with a firearm unless he or she
19wears, while in the field, a cap of solid blaze orange color or
20solid blaze pink color. For purposes of this Act, upland game
21is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
22Pheasant, Eastern Cottontail and Swamp Rabbit.
23    (hh) It shall be unlawful to kill or cripple any species
24protected by this Act for which there is a bag limit without
25making a reasonable effort to retrieve such species and
26include such in the bag limit. It shall be unlawful for any

 

 

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1person having control over harvested game mammals, game birds,
2or migratory game birds for which there is a bag limit to
3wantonly waste or destroy the usable meat of the game, except
4this shall not apply to wildlife taken under Sections 2.37 or
53.22 of this Code. For purposes of this subsection, "usable
6meat" means the breast meat of a game bird or migratory game
7bird and the hind ham and front shoulders of a game mammal. It
8shall be unlawful for any person to place, leave, dump, or
9abandon a wildlife carcass or parts of it along or upon a
10public right-of-way or highway or on public or private
11property, including a waterway or stream, without the
12permission of the owner or tenant. It shall not be unlawful to
13discard game meat that is determined to be unfit for human
14consumption.
15    (ii) This Section shall apply only to those species
16protected by this Act taken within the State. Any species or
17any parts thereof, legally taken in and transported from other
18states or countries, may be possessed within the State, except
19as provided in this Section and Sections 2.35, 2.36 and 3.21.
20    (jj) (Blank).
21    (kk) Nothing contained in this Section shall prohibit the
22Director from issuing permits to paraplegics or to other
23persons with disabilities who meet the requirements set forth
24in administrative rule to shoot or hunt from a vehicle as
25provided by that rule, provided that such is otherwise in
26accord with this Act.

 

 

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1    (ll) Nothing contained in this Act shall prohibit the
2taking of aquatic life protected by the Fish and Aquatic Life
3Code or birds and mammals protected by this Act, except deer
4and fur-bearing mammals, from a boat not camouflaged or
5disguised to alter its identity or to further provide a place
6of concealment and not propelled by sail or mechanical power.
7However, only shotguns not larger than 10 gauge nor smaller
8than .410 bore loaded with not more than 3 shells of a shot
9size no larger than lead BB or steel T (.20 diameter) may be
10used to take species protected by this Act.
11    (mm) Nothing contained in this Act shall prohibit the use
12of a shotgun, not larger than 10 gauge nor smaller than a 20
13gauge, with a rifled barrel.
14    (nn) It shall be unlawful to possess any species of
15wildlife or wildlife parts taken unlawfully in Illinois, any
16other state, or any other country, whether or not the wildlife
17or wildlife parts is indigenous to Illinois. For the purposes
18of this subsection, the statute of limitations for unlawful
19possession of wildlife or wildlife parts shall not cease until
202 years after the possession has permanently ended.
21    (oo) It is unlawful while deer hunting:
22        (1) to possess or be in close proximity to a rifle that
23    is not centerfire; or
24        (2) be in possession of or in close proximity to a
25    magazine that is capable of making a rifle not a single
26    shot.

 

 

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