Public Act 095-0283
 
HB0201 Enrolled LRB095 04223 CMK 24264 b

    AN ACT concerning wildlife.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Wildlife Code is amended by changing Section
3.5 and by adding Section 2.33b as follows:
 
    (520 ILCS 5/2.33b new)
    Sec. 2.33b. Computer-assisted remote hunting; prohibition.
A person shall not operate, provide, sell, use, or offer to
operate, provide, sell, or use any computer software or service
that allows a person not physically present at the hunt site to
remotely control a weapon that could be used to take wildlife
by remote operation, including, but not limited to, weapons or
devices set up to fire through the use of the Internet or
through a remote control device.
 
    (520 ILCS 5/3.5)  (from Ch. 61, par. 3.5)
    Sec. 3.5. Penalties; probation.
    (a) Any person who violates any of the provisions of
Section 2.36a, including administrative rules, shall be guilty
of a Class 3 felony, except as otherwise provided in subsection
(b) of this Section and subsection (a) of Section 2.36a.
    (b) Whenever any person who has not previously been
convicted of, or placed on probation or court supervision for,
any offense under Section 1.22, 2.36, or 2.36a or subsection
(i) or (cc) of Section 2.33, the court may, without entering a
judgment and with the person's consent, sentence the person to
probation for a violation of Section 2.36a.
        (1) When a person is placed on probation, the court
    shall enter an order specifying a period of probation of 24
    months and shall defer further proceedings in the case
    until the conclusion of the period or until the filing of a
    petition alleging violation of a term or condition of
    probation.
        (2) The conditions of probation shall be that the
    person:
            (A) Not violate any criminal statute of any
        jurisdiction.
            (B) Perform no less than 30 hours of community
        service, provided community service is available in
        the jurisdiction and is funded and approved by the
        county board.
        (3) The court may, in addition to other conditions:
            (A) Require that the person make a report to and
        appear in person before or participate with the court
        or courts, person, or social service agency as directed
        by the court in the order of probation.
            (B) Require that the person pay a fine and costs.
            (C) Require that the person refrain from
        possessing a firearm or other dangerous weapon.
            (D) Prohibit the person from associating with any
        person who is actively engaged in any of the activities
        regulated by the permits issued or privileges granted
        by the Department of Natural Resources.
        (4) Upon violation of a term or condition of probation,
    the court may enter a judgment on its original finding of
    guilt and proceed as otherwise provided.
        (5) Upon fulfillment of the terms and conditions of
    probation, the court shall discharge the person and dismiss
    the proceedings against the person.
        (6) A disposition of probation is considered to be a
    conviction for the purposes of imposing the conditions of
    probation, for appeal, and for administrative revocation
    and suspension of licenses and privileges; however,
    discharge and dismissal under this Section is not a
    conviction for purposes of disqualification or
    disabilities imposed by law upon conviction of a crime.
        (7) Discharge and dismissal under this Section may
    occur only once with respect to any person.
        (8) If a person is convicted of an offense under this
    Act within 5 years subsequent to a discharge and dismissal
    under this Section, the discharge and dismissal under this
    Section shall be admissible in the sentencing proceeding
    for that conviction as a factor in aggravation.
        (9) The Circuit Clerk shall notify the Department of
    State Police of all persons convicted of or placed under
    probation for violations of Section 2.36a.
    (c) Any person who violates any of the provisions of
Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,
2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),
and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 - 3.16, 3.19 - 3.21
(except subsections (b), (c), (d), (e), (f), (f.5), (g), (h),
and (i)), and 3.24 - 3.26, including administrative rules,
shall be guilty of a Class B misdemeanor.
    A person who violates Section 2.33b by using any computer
software or service to remotely control a weapon that takes
wildlife by remote operation is guilty of a Class B
misdemeanor. A person who violates Section 2.33b by
facilitating a violation of Section 2.33b, including an owner
of land in which remote control hunting occurs, a computer
programmer who designs a program or software to facilitate
remote control hunting, or a person who provides weapons or
equipment to facilitate remote control hunting, is guilty of a
Class A misdemeanor.
    Any person who violates any of the provisions of Sections
1.22, 2.4, 2.36 and 2.38, including administrative rules, shall
be guilty of a Class A misdemeanor. Any second or subsequent
violations of Sections 2.4 and 2.36 shall be a Class 4 felony.
    Any person who violates any of the provisions of this Act,
including administrative rules, during such period when his
license, privileges, or permit is revoked or denied by virtue
of Section 3.36, shall be guilty of a Class A misdemeanor.
    Any person who violates subsection (g), (i), (o), (p), (y),
or (cc) of Section 2.33 shall be guilty of a Class A
misdemeanor and subject to a fine of no less than $500 and no
more than $5,000 in addition to other statutory penalties.
    Any person who violates any other of the provisions of this
Act including administrative rules, unless otherwise stated,
shall be guilty of a petty offense. Offenses committed by
minors under the direct control or with the consent of a parent
or guardian may subject the parent or guardian to the penalties
prescribed in this Section.
    In addition to any fines imposed pursuant to the provisions
of this Section or as otherwise provided in this Act, any
person found guilty of unlawfully taking or possessing any
species protected by this Act, shall be assessed a civil
penalty for such species in accordance with the values
prescribed in Section 2.36a of this Act. This civil penalty
shall be imposed by the Circuit Court for the county within
which the offense was committed at the time of the conviction.
All penalties provided for in this Section shall be remitted to
the Department in accordance with the same provisions provided
for in Section 1.18 of this Act.
(Source: P.A. 94-222, eff. 7-14-05.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.