Illinois General Assembly - Full Text of HB2461
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB2461  103rd General Assembly




HB2461 EnrolledLRB103 25474 RLC 51823 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 2.33a, 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.
17    (c) It is unlawful for any person to place, set, use, or
18maintain a leghold trap or one of similar construction in
19water, that has a jaw spread of larger than 7 1/2 inches (19.1
20CM), or a body-gripping trap or one of similar construction
21having a jaw spread larger than 10 inches (25.4 CM) on a side
22if square and 12 inches (30.5 CM) if round.
23    (d) It is unlawful to use any trap with saw-toothed,



HB2461 Enrolled- 2 -LRB103 25474 RLC 51823 b

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



HB2461 Enrolled- 3 -LRB103 25474 RLC 51823 b

1placed during the closed trapping season shall be deemed prima
2facie evidence of a violation of this provision.
3    (j) It is unlawful to place, set, or maintain any leghold
4trap or one of similar construction within thirty (30) feet
5(9.14 m) of bait placed in such a manner or position that it is
6not completely covered and concealed from sight, except that
7this shall not apply to underwater sets. Bait shall mean and
8include any bait composed of mammal, bird, or fish flesh, fur,
9hide, entrails or feathers.
10    (k) (Blank).
11    (l) It is unlawful for any person to place, set, use or
12maintain a snare trap or one of similar construction in water,
13that has a loop diameter exceeding 15 inches (38.1 CM) or a
14cable or wire diameter of more than 1/8 inch (3.2 MM) or less
15than 5/64 inch (2.0 MM), that is constructed of stainless
16steel metal cable or wire, and that does not have a mechanical
17lock, anchor swivel and stop device to prevent the mechanical
18lock from closing the noose loop to a diameter of less than 2
191/2 inches (6.4 CM).
20    (m) It is unlawful to trap muskrat or mink with (1) a
21leghold trap or one of similar construction or (2) a
22body-gripping trap or one of similar construction unless the
23body-gripping trap or similar trap is completely submerged
24underwater when set. These restrictions shall not apply during
25the open season for trapping raccoons.
26(Source: P.A. 99-33, eff. 1-1-16; 100-201, eff. 8-18-17.)



HB2461 Enrolled- 4 -LRB103 25474 RLC 51823 b

1    (520 ILCS 5/2.36)  (from Ch. 61, par. 2.36)
2    Sec. 2.36. It shall be unlawful to buy, sell or barter, or
3offer to buy, sell or barter, and for a commercial
4institution, other than a regularly operated refrigerated
5storage establishment, to have in its possession any of the
6wild birds, or any part thereof (and their eggs), or wild
7mammals or any parts thereof, protected by this Act unless
8done as hereinafter provided:
9    Game birds or any parts thereof (and their eggs), may be
10held, possessed, raised and sold, or otherwise dealt with, as
11provided in Section 3.23 of this Act or when legally produced
12under similar special permit in another state or country and
13legally transported into the State of Illinois; provided that
14such imported game birds or any parts thereof, shall be marked
15with permanent irremovable tags, or similar devices, to
16establish and retain their origin and identity;
17    Rabbits may be legally taken and possessed as provided in
18Sections 3.23, 3.24, and 3.26 of this Act;
19    Deer, or any parts thereof, may be held, possessed, sold
20or otherwise dealt with as provided in this Section and
21Sections 3.23 and 3.24 of this Act;
22    If a properly tagged deer is processed at a licensed meat
23processing facility, the meat processor at the facility is an
24active member of the Illinois Sportsmen Against Hunger
25program, and the owner of the deer (i) fails to claim the



HB2461 Enrolled- 5 -LRB103 25474 RLC 51823 b

1processed deer within a reasonable time or (ii) notifies the
2licensed meat processing facility that the owner no longer
3wants the processed deer, then the deer meat may be given away
4by the licensed meat processor to another person or donated to
5any other charitable organization or community food bank that
6receives wild game meat. The licensed meat processing facility
7may charge the person receiving the deer meat a reasonable and
8customary processing fee;
9    Meat processors who are active members of the Illinois
10Sportsmen Against Hunger program shall keep written records of
11all deer received. Records shall include the following
13        (1) the date the deer was received;
14        (2) the name, address, and telephone number of the
15    person from whom the deer was received;
16        (3) whether the deer was received as a whole carcass
17    or as deboned meat; if the deer was brought to the meat
18    processor as deboned meat, the processor shall include the
19    weight of the meat;
20        (4) the number and state of issuance of the permit of
21    the person from whom the deer was received; in the absence
22    of a permit number, the meat processor may rely on the
23    written certification of the person from whom the deer was
24    received that the deer was legally taken or obtained; and
25        (5) if the person who originally delivered the deer to
26    the meat processor fails to collect or make arrangements



HB2461 Enrolled- 6 -LRB103 25474 RLC 51823 b

1    for the packaged deer meat to be collected and the meat
2    processor gives all or part of the unclaimed deer meat to
3    another person, the meat processor shall maintain a record
4    of the exchange; the meat processor's records shall
5    include the customer's name, physical address, telephone
6    number, as well as the quantity and type of deer meat given
7    to the customer. The meat processor shall also include the
8    amount of compensation received for the deer meat in his
9    or her records.
10    Meat processor records for unclaimed deer meat shall be
11open for inspection by any peace officer at any reasonable
12hour. Meat processors shall maintain records for a period of 2
13years after the date of receipt of the wild game or for as long
14as the specimen or meat remains in the meat processors
15possession, whichever is longer;
16    No meat processor shall have in his or her possession any
17deer that is not listed in his or her written records and
18properly tagged or labeled;
19    All licensed meat processors who ship any deer or parts of
20deer that have been held, possessed, or otherwise dealt with
21shall tag or label the shipment, and the tag or label shall
22state the name of the meat processor;
23    Nothing in this Section removes meat processors from
24responsibility for the observance of any State or federal
25laws, rules, or regulations that may apply to the meat
26processing business;



HB2461 Enrolled- 7 -LRB103 25474 RLC 51823 b

1    Fur-bearing mammals, or any parts thereof, may be held,
2possessed, sold or otherwise dealt with as provided in
3Sections 3.16, 3.24, and 3.26 of this Act or when legally taken
4and possessed in Illinois or legally taken and possessed in
5and transported from other states or countries;
6    It is unlawful for any person to act as a nuisance wildlife
7control operator for fee or compensation without a permit as
8provided in subsection subsection (b) of Section 2.37 of this
9Act unless such trapping is in compliance with Section 2.30.
10    The inedible parts of game mammals may be held, possessed,
11sold or otherwise dealt with when legally taken, in Illinois
12or legally taken and possessed in and transported from other
13states or countries.
14    Failure to establish proof of the legality of possession
15in another state or country and importation into the State of
16Illinois, shall be prima facie evidence that such game birds
17or any parts thereof, and their eggs, game mammals and
18fur-bearing mammals, or any parts thereof, were taken within
19the State of Illinois.
20(Source: P.A. 97-567, eff. 8-25-11.)
21    (520 ILCS 5/2.37)  (from Ch. 61, par. 2.37)
22    Sec. 2.37. Authority to kill wildlife responsible for
24    (a) Subject to federal regulations and Section 3 of the
25Illinois Endangered Species Act, the Department may authorize



HB2461 Enrolled- 8 -LRB103 25474 RLC 51823 b

1owners and tenants of lands or their agents, who are
2performing the service without fee or compensation, to remove
3or destroy any wild bird or wild mammal when the wild bird or
4wild mammal is known to be destroying property or causing a
5risk to human health or safety upon his or her land.
6    Upon receipt by the Department of information from the
7owner, tenant, or sharecropper that any one or more species of
8wildlife is damaging dams, levees, ditches, cattle pastures,
9or other property on the land on which he resides or controls,
10together with a statement regarding location of the property
11damages, the nature and extent of the damage, and the
12particular species of wildlife committing the damage, the
13Department shall make an investigation.
14    If, after investigation, the Department finds that damage
15does exist and can be abated only by removing or destroying
16that wildlife, a permit shall be issued by the Department to
17remove or destroy the species responsible for causing the
19    A permit to control the damage shall be for a period of up
20to 90 days, shall specify the means and methods by which and
21the person or persons by whom the wildlife may be removed or
22destroyed, without fee or compensation, and shall set forth
23the disposition procedure to be made of all wildlife taken and
24other restrictions the Director considers necessary and
25appropriate in the circumstances of the particular case.
26Whenever possible, the specimens destroyed shall be given to a



HB2461 Enrolled- 9 -LRB103 25474 RLC 51823 b

1bona-fide public or State scientific, educational, or
2zoological institution.
3    The permittee shall advise the Department in writing,
4within 10 days after the expiration date of the permit, of the
5number of individual species of wildlife taken, disposition
6made of them, and any other information which the Department
7may consider necessary.
8    (b) Subject to federal regulations and Section 3 of the
9Illinois Endangered Species Act, the Department may grant the
10authority to control species protected by this Code pursuant
11to the issuance of a Nuisance Wildlife Control Permit to:
12        (1) any person who is providing such service for a fee
13    or compensation; an individual, corporation, association
14    or
15        (2) a governmental body; or
16        (3) a nonprofit or other charitable organization the
17    authority to control species protected by this Code
18    pursuant to the issuance of a Nuisance Wildlife Control
19    Permit.
20    The Department shall set forth applicable regulations in
21an Administrative Order and may require periodic reports
22listing species taken, numbers of each species taken, dates
23when taken, and other pertinent information.
24    Any person operating under a Nuisance Wildlife Control
25Permit who subcontracts the operation of nuisance wildlife
26control to another shall ensure that such subcontractor



HB2461 Enrolled- 10 -LRB103 25474 RLC 51823 b

1possesses a valid Nuisance Wildlife Control Permit issued by
2the Department. The person must maintain a record of the
3subcontractor including the subcontractor's name, address, and
4phone number, and type of work to be performed, for a period of
5not less than 2 years from the date the subcontractor is no
6longer performing services on behalf of the person. The
7records shall be presented to an authorized employee of the
8Department or law enforcement officer upon request for
10    Any person operating without the required permit as
11outlined under this subsection (b) or in violation of this
12subsection (b) is deemed to be taking, attempting to take,
13disturbing, or harassing wildlife contrary to the provisions
14of this Code, including the taking or attempting to take such
15species for commercial purposes as outlined in Sections 2.36
16and 2.36a of this Code. Any devices and equipment, including
17vehicles, used in violation of this subsection (b) may be
18subject to the provisions of Section 1.25 of this Code.
19    (c) Except when operating under subsection (b) of this
20Section, drainage districts Drainage Districts shall have the
21authority to control beaver provided that they must notify the
22Department in writing that a problem exists and of their
23intention to trap the animals at least 7 days before the
24trapping begins. The district District must identify traps
25used in beaver control outside the dates of the furbearer
26trapping season with metal tags with the district's name



HB2461 Enrolled- 11 -LRB103 25474 RLC 51823 b

1legibly inscribed upon them. During the fur trapping
2furtrapping season, traps must be identified as prescribed by
3law. Conibear traps at least size 330 shall be used except
4during the statewide furbearer trapping season. During that
5time trappers may use any device that is legal according to the
6Wildlife Code. Except during the statewide furbearer trapping
7season, beaver traps must be set in water at least 10 inches
8deep. Except during the statewide furbearer trapping season,
9traps must be set within 10 feet of an inhabited bank burrow or
10house and within 10 feet of a dam maintained by a beaver. No
11beaver or other furbearer taken outside of the dates for the
12furbearer trapping season may be sold. All animals must be
13given to the nearest conservation officer or other Department
14of Natural Resources representative within 48 hours after they
15are caught unless otherwise instructed by the Department.
16Furbearers taken during the fur trapping season may be sold
17provided that they are taken by persons who have valid
18trapping licenses in their possession and are lawfully taken.
19The district District must submit an annual report showing the
20species and numbers of animals caught. The report must
21indicate all species which were taken. This authority only
22extends to control of beavers. Any other protected species
23must be controlled pursuant to subsection (b) or (c).
24    The location of traps or snares authorized under this
25Section, either by the Department or any other governmental
26body with the authority to control species protected by this



HB2461 Enrolled- 12 -LRB103 25474 RLC 51823 b

1Code, shall be exempt from the provisions of the Freedom of
2Information Act.
3(Source: P.A. 102-524, eff. 8-20-21.)
4    (520 ILCS 5/3.5)  (from Ch. 61, par. 3.5)
5    Sec. 3.5. Penalties; probation.
6    (a) Any person who violates any of the provisions of
7Section 2.36a, including administrative rules, shall be guilty
8of a Class 3 felony, except as otherwise provided in
9subsection (b) of this Section and subsection (a) of Section
11    (b) Whenever any person who has not previously been
12convicted of, or placed on probation or court supervision for,
13any offense under Section 1.22, 2.36, or 2.36a operating
14without a permit as prescribed in subsection (b) of Section
152.37 or subsection (i) or (cc) of Section 2.33, the court may,
16without entering a judgment and with the person's consent,
17sentence the person to probation for a violation of Section
19        (1) When a person is placed on probation, the court
20    shall enter an order specifying a period of probation of
21    24 months and shall defer further proceedings in the case
22    until the conclusion of the period or until the filing of a
23    petition alleging violation of a term or condition of
24    probation.
25        (2) The conditions of probation shall be that the



HB2461 Enrolled- 13 -LRB103 25474 RLC 51823 b

1    person:
2            (A) Not violate any criminal statute of any
3        jurisdiction.
4            (B) Perform no less than 30 hours of community
5        service, provided community service is available in
6        the jurisdiction and is funded and approved by the
7        county board.
8        (3) The court may, in addition to other conditions:
9            (A) Require that the person make a report to and
10        appear in person before or participate with the court
11        or courts, person, or social service agency as
12        directed by the court in the order of probation.
13            (B) Require that the person pay a fine and costs.
14            (C) Require that the person refrain from
15        possessing a firearm or other dangerous weapon.
16            (D) Prohibit the person from associating with any
17        person who is actively engaged in any of the
18        activities regulated by the permits issued or
19        privileges granted by the Department of Natural
20        Resources.
21        (4) Upon violation of a term or condition of
22    probation, the court may enter a judgment on its original
23    finding of guilt and proceed as otherwise provided.
24        (5) Upon fulfillment of the terms and conditions of
25    probation, the court shall discharge the person and
26    dismiss the proceedings against the person.



HB2461 Enrolled- 14 -LRB103 25474 RLC 51823 b

1        (6) A disposition of probation is considered to be a
2    conviction for the purposes of imposing the conditions of
3    probation, for appeal, and for administrative revocation
4    and suspension of licenses and privileges; however,
5    discharge and dismissal under this Section is not a
6    conviction for purposes of disqualification or
7    disabilities imposed by law upon conviction of a crime.
8        (7) Discharge and dismissal under this Section may
9    occur only once with respect to any person.
10        (8) If a person is convicted of an offense under this
11    Act within 5 years subsequent to a discharge and dismissal
12    under this Section, the discharge and dismissal under this
13    Section shall be admissible in the sentencing proceeding
14    for that conviction as a factor in aggravation.
15        (9) The Circuit Clerk shall notify the Illinois State
16    Police of all persons convicted of or placed under
17    probation for violations of Section 2.36a.
18    (c) Any person who violates any of the provisions of
19Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,
202.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),
21and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19,
223.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5),
23(g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection
24(f)), including administrative rules, shall be guilty of a
25Class B misdemeanor.
26    A person who violates Section 2.33b by using any computer



HB2461 Enrolled- 15 -LRB103 25474 RLC 51823 b

1software or service to remotely control a weapon that takes
2wildlife by remote operation is guilty of a Class B
3misdemeanor. A person who violates Section 2.33b by
4facilitating a violation of Section 2.33b, including an owner
5of land in which remote control hunting occurs, a computer
6programmer who designs a program or software to facilitate
7remote control hunting, or a person who provides weapons or
8equipment to facilitate remote control hunting, is guilty of a
9Class A misdemeanor.
10    Any person who violates any of the provisions of Sections
111.22, 2.2a, 2.3, 2.4, 2.36 and 2.38, including administrative
12rules, shall be guilty of a Class A misdemeanor. Any second or
13subsequent violations of Sections 2.4 and 2.36 shall be a
14Class 4 felony.
15    Any person who violates any of the provisions of this Act,
16including administrative rules, during such period when his
17license, privileges, or permit is revoked or denied by virtue
18of Section 3.36, shall be guilty of a Class A misdemeanor.
19    Any person who violates subsection (g), (i), (o), (p),
20(y), or (cc) of Section 2.33 shall be guilty of a Class A
21misdemeanor and subject to a fine of no less than $500 and no
22more than $5,000 in addition to other statutory penalties. In
23addition, the Department shall suspend the privileges, under
24this Act, of any person found guilty of violating Section
252.33(cc) for a period of not less than one year.
26    Any person who operates without a permit in violation



HB2461 Enrolled- 16 -LRB103 25474 RLC 51823 b

1subsection (b) of Section 2.37 is guilty of a Class A
2misdemeanor and subject to a fine of not less than $500. Any
3other violation of subsection (b) of Section 2.37 including
4administrative rules is a Class B misdemeanor.
5    Any person who violates any other of the provisions of
6this Act including administrative rules, unless otherwise
7stated, shall be guilty of a petty offense. Offenses committed
8by minors under the direct control or with the consent of a
9parent or guardian may subject the parent or guardian to the
10penalties prescribed in this Section.
11    In addition to any fines imposed pursuant to the
12provisions of this Section or as otherwise provided in this
13Act, any person found guilty of unlawfully taking or
14possessing any species protected by this Act, shall be
15assessed a civil penalty for such species in accordance with
16the values prescribed in Section 2.36a of this Act. This civil
17penalty shall be imposed by the Circuit Court for the county
18within which the offense was committed at the time of the
19conviction. Any person found guilty of violating subsection
20(b) of Section 2.37 is subject to an additional civil penalty
21of up to $1,500. All penalties provided for in this Section
22shall be remitted to the Department in accordance with the
23same provisions provided for in Section 1.18 of this Act,
24except that civil penalties collected for violation of
25Subsection (b) of Section 2.37 shall be remitted to the
26Department and allocated as follows: .



HB2461 Enrolled- 17 -LRB103 25474 RLC 51823 b

1        (1) 60% to the Conservation Police Operations
2    Assistance Fund; and
3        (2) 40% to the Illinois Habitat Fund.
4(Source: P.A. 102-538, eff. 8-20-21.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.