Illinois General Assembly - Full Text of HB2461
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Full Text of HB2461  103rd General Assembly


Rep. Lawrence "Larry" Walsh, Jr.

Filed: 3/6/2023





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2    AMENDMENT NO. ______. Amend House Bill 2461 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Wildlife Code is amended by changing
5Sections 2.33a, 2.36, 2.37, and 3.5 as follows:
6    (520 ILCS 5/2.33a)  (from Ch. 61, par. 2.33a)
7    Sec. 2.33a. Trapping.
8    (a) It is unlawful to fail to visit and remove all animals
9from traps staked out, set, used, tended, placed or maintained
10at least once each calendar day.
11    (b) It is unlawful for any person to place, set, use, or
12maintain a leghold trap or one of similar construction on
13land, that has a jaw spread of larger than 6 1/2 inches (16.6
14CM), or a body-gripping trap or one of similar construction
15having a jaw spread larger than 7 inches (17.8 CM) on a side if
16square and 8 inches (20.4 CM) if round.



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1    (c) It is unlawful for any person to place, set, use, or
2maintain a leghold trap or one of similar construction in
3water, that has a jaw spread of larger than 7 1/2 inches (19.1
4CM), or a body-gripping trap or one of similar construction
5having a jaw spread larger than 10 inches (25.4 CM) on a side
6if square and 12 inches (30.5 CM) if round.
7    (d) It is unlawful to use any trap with saw-toothed,
8spiked, or toothed jaws.
9    (e) It is unlawful to destroy, disturb or in any manner
10interfere with dams, lodges, burrows or feed beds of beaver
11while trapping for beaver or to set a trap inside a muskrat
12house or beaver lodge, except that this shall not apply to
13individuals who Drainage Districts that are acting pursuant to
14the provisions of Section 2.37 or as provided for by
15administrative rule.
16    (f) It is unlawful to trap beaver or river otter with: (1)
17a leghold trap or one of similar construction having a jaw
18spread of less than 5 1/2 inches (13.9 CM) or more than 7 1/2
19inches (19.1 CM), or (2) a body-gripping trap or one of similar
20construction having a jaw spread of less than 7 inches (17.7
21CM) or more than 10 inches (25.4 CM) on a side if square and 12
22inches (30.5 CM) if round, except that these restrictions
23shall not apply during the open season for trapping raccoons.
24    (g) It is unlawful to set traps closer than 10 feet (3.05
25M) from any hole or den which may be occupied by a game mammal
26or fur-bearing mammal except that this restriction shall not



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1apply to water sets.
2    (h) It is unlawful to trap or attempt to trap any
3fur-bearing mammal with any colony, cage, box, or stove-pipe
4trap designed to take more than one mammal at a single setting.
5    (i) It is unlawful for any person to set or place any trap
6designed to take any fur-bearing mammal protected by this Act
7during the closed trapping season. Proof that any trap was
8placed during the closed trapping season shall be deemed prima
9facie evidence of a violation of this provision.
10    (j) It is unlawful to place, set, or maintain any leghold
11trap or one of similar construction within thirty (30) feet
12(9.14 m) of bait placed in such a manner or position that it is
13not completely covered and concealed from sight, except that
14this shall not apply to underwater sets. Bait shall mean and
15include any bait composed of mammal, bird, or fish flesh, fur,
16hide, entrails or feathers.
17    (k) (Blank).
18    (l) It is unlawful for any person to place, set, use or
19maintain a snare trap or one of similar construction in water,
20that has a loop diameter exceeding 15 inches (38.1 CM) or a
21cable or wire diameter of more than 1/8 inch (3.2 MM) or less
22than 5/64 inch (2.0 MM), that is constructed of stainless
23steel metal cable or wire, and that does not have a mechanical
24lock, anchor swivel and stop device to prevent the mechanical
25lock from closing the noose loop to a diameter of less than 2
261/2 inches (6.4 CM).



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1    (m) It is unlawful to trap muskrat or mink with (1) a
2leghold trap or one of similar construction or (2) a
3body-gripping trap or one of similar construction unless the
4body-gripping trap or similar trap is completely submerged
5underwater when set. These restrictions shall not apply during
6the open season for trapping raccoons.
7(Source: P.A. 99-33, eff. 1-1-16; 100-201, eff. 8-18-17.)
8    (520 ILCS 5/2.36)  (from Ch. 61, par. 2.36)
9    Sec. 2.36. It shall be unlawful to buy, sell or barter, or
10offer to buy, sell or barter, and for a commercial
11institution, other than a regularly operated refrigerated
12storage establishment, to have in its possession any of the
13wild birds, or any part thereof (and their eggs), or wild
14mammals or any parts thereof, protected by this Act unless
15done as hereinafter provided:
16    Game birds or any parts thereof (and their eggs), may be
17held, possessed, raised and sold, or otherwise dealt with, as
18provided in Section 3.23 of this Act or when legally produced
19under similar special permit in another state or country and
20legally transported into the State of Illinois; provided that
21such imported game birds or any parts thereof, shall be marked
22with permanent irremovable tags, or similar devices, to
23establish and retain their origin and identity;
24    Rabbits may be legally taken and possessed as provided in
25Sections 3.23, 3.24, and 3.26 of this Act;



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1    Deer, or any parts thereof, may be held, possessed, sold
2or otherwise dealt with as provided in this Section and
3Sections 3.23 and 3.24 of this Act;
4    If a properly tagged deer is processed at a licensed meat
5processing facility, the meat processor at the facility is an
6active member of the Illinois Sportsmen Against Hunger
7program, and the owner of the deer (i) fails to claim the
8processed deer within a reasonable time or (ii) notifies the
9licensed meat processing facility that the owner no longer
10wants the processed deer, then the deer meat may be given away
11by the licensed meat processor to another person or donated to
12any other charitable organization or community food bank that
13receives wild game meat. The licensed meat processing facility
14may charge the person receiving the deer meat a reasonable and
15customary processing fee;
16    Meat processors who are active members of the Illinois
17Sportsmen Against Hunger program shall keep written records of
18all deer received. Records shall include the following
20        (1) the date the deer was received;
21        (2) the name, address, and telephone number of the
22    person from whom the deer was received;
23        (3) whether the deer was received as a whole carcass
24    or as deboned meat; if the deer was brought to the meat
25    processor as deboned meat, the processor shall include the
26    weight of the meat;



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1        (4) the number and state of issuance of the permit of
2    the person from whom the deer was received; in the absence
3    of a permit number, the meat processor may rely on the
4    written certification of the person from whom the deer was
5    received that the deer was legally taken or obtained; and
6        (5) if the person who originally delivered the deer to
7    the meat processor fails to collect or make arrangements
8    for the packaged deer meat to be collected and the meat
9    processor gives all or part of the unclaimed deer meat to
10    another person, the meat processor shall maintain a record
11    of the exchange; the meat processor's records shall
12    include the customer's name, physical address, telephone
13    number, as well as the quantity and type of deer meat given
14    to the customer. The meat processor shall also include the
15    amount of compensation received for the deer meat in his
16    or her records.
17    Meat processor records for unclaimed deer meat shall be
18open for inspection by any peace officer at any reasonable
19hour. Meat processors shall maintain records for a period of 2
20years after the date of receipt of the wild game or for as long
21as the specimen or meat remains in the meat processors
22possession, whichever is longer;
23    No meat processor shall have in his or her possession any
24deer that is not listed in his or her written records and
25properly tagged or labeled;
26    All licensed meat processors who ship any deer or parts of



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1deer that have been held, possessed, or otherwise dealt with
2shall tag or label the shipment, and the tag or label shall
3state the name of the meat processor;
4    Nothing in this Section removes meat processors from
5responsibility for the observance of any State or federal
6laws, rules, or regulations that may apply to the meat
7processing business;
8    Fur-bearing mammals, or any parts thereof, may be held,
9possessed, sold or otherwise dealt with as provided in
10Sections 3.16, 3.24, and 3.26 of this Act or when legally taken
11and possessed in Illinois or legally taken and possessed in
12and transported from other states or countries;
13    It is unlawful for any person to act as a nuisance wildlife
14control operator for fee or compensation without a permit as
15provided in subsection subsection (b) of Section 2.37 of this
16Act unless such trapping is in compliance with Section 2.30.
17    The inedible parts of game mammals may be held, possessed,
18sold or otherwise dealt with when legally taken, in Illinois
19or legally taken and possessed in and transported from other
20states or countries.
21    Failure to establish proof of the legality of possession
22in another state or country and importation into the State of
23Illinois, shall be prima facie evidence that such game birds
24or any parts thereof, and their eggs, game mammals and
25fur-bearing mammals, or any parts thereof, were taken within
26the State of Illinois.



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1(Source: P.A. 97-567, eff. 8-25-11.)
2    (520 ILCS 5/2.37)  (from Ch. 61, par. 2.37)
3    Sec. 2.37. Authority to kill wildlife responsible for
5    (a) Subject to federal regulations and Section 3 of the
6Illinois Endangered Species Act, the Department may authorize
7owners and tenants of lands or their agents, who are
8performing the service without fee or compensation, to remove
9or destroy any wild bird or wild mammal when the wild bird or
10wild mammal is known to be destroying property or causing a
11risk to human health or safety upon his or her land.
12    Upon receipt by the Department of information from the
13owner, tenant, or sharecropper that any one or more species of
14wildlife is damaging dams, levees, ditches, cattle pastures,
15or other property on the land on which he resides or controls,
16together with a statement regarding location of the property
17damages, the nature and extent of the damage, and the
18particular species of wildlife committing the damage, the
19Department shall make an investigation.
20    If, after investigation, the Department finds that damage
21does exist and can be abated only by removing or destroying
22that wildlife, a permit shall be issued by the Department to
23remove or destroy the species responsible for causing the
25    A permit to control the damage shall be for a period of up



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1to 90 days, shall specify the means and methods by which and
2the person or persons by whom the wildlife may be removed or
3destroyed, without fee or compensation, and shall set forth
4the disposition procedure to be made of all wildlife taken and
5other restrictions the Director considers necessary and
6appropriate in the circumstances of the particular case.
7Whenever possible, the specimens destroyed shall be given to a
8bona-fide public or State scientific, educational, or
9zoological institution.
10    The permittee shall advise the Department in writing,
11within 10 days after the expiration date of the permit, of the
12number of individual species of wildlife taken, disposition
13made of them, and any other information which the Department
14may consider necessary.
15    (b) Subject to federal regulations and Section 3 of the
16Illinois Endangered Species Act, the Department may grant the
17authority to control species protected by this Code pursuant
18to the issuance of a Nuisance Wildlife Control Permit to:
19        (1) any person who is providing such service for a fee
20    or compensation; an individual, corporation, association
21    or
22        (2) a governmental body; or
23        (3) a nonprofit or other charitable organization the
24    authority to control species protected by this Code
25    pursuant to the issuance of a Nuisance Wildlife Control
26    Permit.



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1    The Department shall set forth applicable regulations in
2an Administrative Order and may require periodic reports
3listing species taken, numbers of each species taken, dates
4when taken, and other pertinent information.
5    Any person operating under a Nuisance Wildlife Control
6Permit who subcontracts the operation of nuisance wildlife
7control to another shall ensure that such subcontractor
8possesses a valid Nuisance Wildlife Control Permit issued by
9the Department. The person must maintain a record of the
10subcontractor including the subcontractor's name, address, and
11phone number, and type of work to be performed, for a period of
12not less than 2 years from the date the subcontractor is no
13longer performing services on behalf of the person. The
14records shall be presented to an authorized employee of the
15Department or law enforcement officer upon request for
17    Any person operating without the required permit as
18outlined under this subsection (b) or in violation of this
19subsection (b) is deemed to be taking, attempting to take,
20disturbing, or harassing wildlife contrary to the provisions
21of this Code, including the taking or attempting to take such
22species for commercial purposes as outlined in Sections 2.36
23and 2.36a of this Code. Any devices and equipment, including
24vehicles, used in violation of this subsection (b) may be
25subject to the provisions of Section 1.25 of this Code.
26    (c) Except when operating under subsection (b) of this



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1Section, drainage districts Drainage Districts shall have the
2authority to control beaver provided that they must notify the
3Department in writing that a problem exists and of their
4intention to trap the animals at least 7 days before the
5trapping begins. The district District must identify traps
6used in beaver control outside the dates of the furbearer
7trapping season with metal tags with the district's name
8legibly inscribed upon them. During the fur trapping
9furtrapping season, traps must be identified as prescribed by
10law. Conibear traps at least size 330 shall be used except
11during the statewide furbearer trapping season. During that
12time trappers may use any device that is legal according to the
13Wildlife Code. Except during the statewide furbearer trapping
14season, beaver traps must be set in water at least 10 inches
15deep. Except during the statewide furbearer trapping season,
16traps must be set within 10 feet of an inhabited bank burrow or
17house and within 10 feet of a dam maintained by a beaver. No
18beaver or other furbearer taken outside of the dates for the
19furbearer trapping season may be sold. All animals must be
20given to the nearest conservation officer or other Department
21of Natural Resources representative within 48 hours after they
22are caught unless otherwise instructed by the Department.
23Furbearers taken during the fur trapping season may be sold
24provided that they are taken by persons who have valid
25trapping licenses in their possession and are lawfully taken.
26The district District must submit an annual report showing the



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1species and numbers of animals caught. The report must
2indicate all species which were taken. This authority only
3extends to control of beavers. Any other protected species
4must be controlled pursuant to subsection (b) or (c).
5    The location of traps or snares authorized under this
6Section, either by the Department or any other governmental
7body with the authority to control species protected by this
8Code, shall be exempt from the provisions of the Freedom of
9Information Act.
10(Source: P.A. 102-524, eff. 8-20-21.)
11    (520 ILCS 5/3.5)  (from Ch. 61, par. 3.5)
12    Sec. 3.5. Penalties; probation.
13    (a) Any person who violates any of the provisions of
14Section 2.36a, including administrative rules, shall be guilty
15of a Class 3 felony, except as otherwise provided in
16subsection (b) of this Section and subsection (a) of Section
18    (b) Whenever any person who has not previously been
19convicted of, or placed on probation or court supervision for,
20any offense under Section 1.22, 2.36, or 2.36a operating
21without a permit as prescribed in subsection (b) of Section
222.37 or subsection (i) or (cc) of Section 2.33, the court may,
23without entering a judgment and with the person's consent,
24sentence the person to probation for a violation of Section



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1        (1) When a person is placed on probation, the court
2    shall enter an order specifying a period of probation of
3    24 months and shall defer further proceedings in the case
4    until the conclusion of the period or until the filing of a
5    petition alleging violation of a term or condition of
6    probation.
7        (2) The conditions of probation shall be that the
8    person:
9            (A) Not violate any criminal statute of any
10        jurisdiction.
11            (B) Perform no less than 30 hours of community
12        service, provided community service is available in
13        the jurisdiction and is funded and approved by the
14        county board.
15        (3) The court may, in addition to other conditions:
16            (A) Require that the person make a report to and
17        appear in person before or participate with the court
18        or courts, person, or social service agency as
19        directed by the court in the order of probation.
20            (B) Require that the person pay a fine and costs.
21            (C) Require that the person refrain from
22        possessing a firearm or other dangerous weapon.
23            (D) Prohibit the person from associating with any
24        person who is actively engaged in any of the
25        activities regulated by the permits issued or
26        privileges granted by the Department of Natural



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1        Resources.
2        (4) Upon violation of a term or condition of
3    probation, the court may enter a judgment on its original
4    finding of guilt and proceed as otherwise provided.
5        (5) Upon fulfillment of the terms and conditions of
6    probation, the court shall discharge the person and
7    dismiss the proceedings against the person.
8        (6) A disposition of probation is considered to be a
9    conviction for the purposes of imposing the conditions of
10    probation, for appeal, and for administrative revocation
11    and suspension of licenses and privileges; however,
12    discharge and dismissal under this Section is not a
13    conviction for purposes of disqualification or
14    disabilities imposed by law upon conviction of a crime.
15        (7) Discharge and dismissal under this Section may
16    occur only once with respect to any person.
17        (8) If a person is convicted of an offense under this
18    Act within 5 years subsequent to a discharge and dismissal
19    under this Section, the discharge and dismissal under this
20    Section shall be admissible in the sentencing proceeding
21    for that conviction as a factor in aggravation.
22        (9) The Circuit Clerk shall notify the Illinois State
23    Police of all persons convicted of or placed under
24    probation for violations of Section 2.36a.
25    (c) Any person who violates any of the provisions of
26Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,



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12.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),
2and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19,
33.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5),
4(g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection
5(f)), including administrative rules, shall be guilty of a
6Class B misdemeanor.
7    A person who violates Section 2.33b by using any computer
8software or service to remotely control a weapon that takes
9wildlife by remote operation is guilty of a Class B
10misdemeanor. A person who violates Section 2.33b by
11facilitating a violation of Section 2.33b, including an owner
12of land in which remote control hunting occurs, a computer
13programmer who designs a program or software to facilitate
14remote control hunting, or a person who provides weapons or
15equipment to facilitate remote control hunting, is guilty of a
16Class A misdemeanor.
17    Any person who violates any of the provisions of Sections
181.22, 2.2a, 2.3, 2.4, 2.36 and 2.38, including administrative
19rules, shall be guilty of a Class A misdemeanor. Any second or
20subsequent violations of Sections 2.4 and 2.36 shall be a
21Class 4 felony.
22    Any person who violates any of the provisions of this Act,
23including administrative rules, during such period when his
24license, privileges, or permit is revoked or denied by virtue
25of Section 3.36, shall be guilty of a Class A misdemeanor.
26    Any person who violates subsection (g), (i), (o), (p),



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1(y), or (cc) of Section 2.33 shall be guilty of a Class A
2misdemeanor and subject to a fine of no less than $500 and no
3more than $5,000 in addition to other statutory penalties. In
4addition, the Department shall suspend the privileges, under
5this Act, of any person found guilty of violating Section
62.33(cc) for a period of not less than one year.
7    Any person who operates without a permit in violation
8subsection (b) of Section 2.37 is guilty of a Class A
9misdemeanor and subject to a fine of not less than $500. Any
10other violation of subsection (b) of Section 2.37 including
11administrative rules is a Class B misdemeanor.
12    Any person who violates any other of the provisions of
13this Act including administrative rules, unless otherwise
14stated, shall be guilty of a petty offense. Offenses committed
15by minors under the direct control or with the consent of a
16parent or guardian may subject the parent or guardian to the
17penalties prescribed in this Section.
18    In addition to any fines imposed pursuant to the
19provisions of this Section or as otherwise provided in this
20Act, any person found guilty of unlawfully taking or
21possessing any species protected by this Act, shall be
22assessed a civil penalty for such species in accordance with
23the values prescribed in Section 2.36a of this Act. This civil
24penalty shall be imposed by the Circuit Court for the county
25within which the offense was committed at the time of the
26conviction. Any person found guilty of violating subsection



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1(b) of Section 2.37 is subject to an additional civil penalty
2of up to $1,500. All penalties provided for in this Section
3shall be remitted to the Department in accordance with the
4same provisions provided for in Section 1.18 of this Act,
5except that civil penalties collected for violation of
6Subsection (b) of Section 2.37 shall be remitted to the
7Department and allocated as follows: .
8        (1) 60% to the Conservation Police Operations
9    Assistance Fund; and
10        (2) 40% to the Illinois Habitat Fund.
11(Source: P.A. 102-538, eff. 8-20-21.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".