Bill Amendment: IL HB2461 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: NUISANCE WILDLIFE CONTROL
Status: 2023-06-09 - Public Act . . . . . . . . . 103-0037 [HB2461 Detail]
Download: Illinois-2023-HB2461-House_Amendment_001.html
Bill Title: NUISANCE WILDLIFE CONTROL
Status: 2023-06-09 - Public Act . . . . . . . . . 103-0037 [HB2461 Detail]
Download: Illinois-2023-HB2461-House_Amendment_001.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 2461
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 2461 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Wildlife Code is amended by changing | ||||||
5 | Sections 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
| ||||||
9 | from traps staked out, set, used, tended, placed or maintained | ||||||
10 | at least
once each calendar day.
| ||||||
11 | (b) It is unlawful for any person to place, set, use, or | ||||||
12 | maintain a
leghold trap or one of similar construction on | ||||||
13 | land, that has a jaw spread
of larger than 6 1/2 inches (16.6 | ||||||
14 | CM), or a body-gripping trap or one of
similar construction | ||||||
15 | having a jaw spread larger than 7 inches (17.8 CM) on
a side if | ||||||
16 | square and 8 inches (20.4 CM) if round.
|
| |||||||
| |||||||
1 | (c) It is unlawful for any person to place, set, use, or | ||||||
2 | maintain a
leghold trap or one of similar construction in | ||||||
3 | water, that has a jaw spread
of larger than 7 1/2 inches (19.1 | ||||||
4 | CM), or a body-gripping trap or one of
similar construction | ||||||
5 | having a jaw spread larger than 10 inches (25.4 CM) on
a side | ||||||
6 | if square and 12 inches (30.5 CM) if round.
| ||||||
7 | (d) It is unlawful to use any trap with saw-toothed, | ||||||
8 | spiked, or toothed jaws.
| ||||||
9 | (e) It is unlawful to destroy, disturb or in any manner | ||||||
10 | interfere with
dams, lodges, burrows or feed beds of beaver | ||||||
11 | while trapping for beaver or
to set a trap inside a muskrat | ||||||
12 | house or beaver lodge, except that this shall
not apply to | ||||||
13 | individuals who Drainage Districts that are acting pursuant to | ||||||
14 | the provisions
of Section 2.37 or as provided for by | ||||||
15 | administrative rule .
| ||||||
16 | (f) It is unlawful to trap beaver or river otter with: (1) | ||||||
17 | a leghold trap or one of similar
construction having a jaw | ||||||
18 | spread of less than 5 1/2 inches (13.9 CM) or
more than 7 1/2 | ||||||
19 | inches (19.1 CM), or (2) a body-gripping trap or one of
similar | ||||||
20 | construction having a jaw spread of less than 7 inches (17.7 | ||||||
21 | CM) or
more than 10 inches (25.4 CM) on a side if square and 12 | ||||||
22 | inches (30.5 CM) if
round, except that these restrictions | ||||||
23 | shall not apply during
the open season for trapping raccoons.
| ||||||
24 | (g) It is unlawful to set traps closer than 10 feet (3.05 | ||||||
25 | M) from any
hole or den which may be occupied by a game mammal | ||||||
26 | or fur-bearing mammal
except that this restriction shall not |
| |||||||
| |||||||
1 | apply to water sets.
| ||||||
2 | (h) It is unlawful to trap or attempt to trap any | ||||||
3 | fur-bearing mammal
with any colony, cage, box, or stove-pipe | ||||||
4 | trap 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 | ||||||
6 | designed to
take any fur-bearing mammal protected by this Act | ||||||
7 | during the closed
trapping season. Proof that any trap was | ||||||
8 | placed during the closed trapping
season shall be deemed prima | ||||||
9 | facie evidence of a violation of this provision.
| ||||||
10 | (j) It is unlawful to place, set, or maintain any leghold | ||||||
11 | trap 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 | ||||||
13 | not completely covered and concealed
from sight, except that | ||||||
14 | this shall not apply to underwater sets. Bait shall
mean and | ||||||
15 | include any bait composed of mammal, bird, or fish flesh, fur,
| ||||||
16 | hide, entrails or feathers.
| ||||||
17 | (k) (Blank).
| ||||||
18 | (l) It is unlawful for any person to place, set, use or | ||||||
19 | maintain a
snare trap or one of similar construction in water, | ||||||
20 | that has a loop
diameter exceeding 15 inches (38.1 CM) or a | ||||||
21 | cable or wire diameter of more
than 1/8 inch (3.2 MM) or less | ||||||
22 | than 5/64 inch (2.0 MM), that is constructed
of stainless | ||||||
23 | steel metal cable or wire, and that does not have a mechanical
| ||||||
24 | lock, anchor swivel and stop device to prevent the mechanical | ||||||
25 | lock from
closing the noose loop to a diameter of less than 2 | ||||||
26 | 1/2 inches (6.4 CM).
|
| |||||||
| |||||||
1 | (m) It is unlawful to trap muskrat or mink with (1) a | ||||||
2 | leghold trap or one of similar construction or (2) a | ||||||
3 | body-gripping trap or one of similar construction unless the | ||||||
4 | body-gripping trap or similar trap is completely submerged | ||||||
5 | underwater when set. These restrictions shall not apply during | ||||||
6 | the 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 | ||||||
10 | offer to buy,
sell or
barter, and for a commercial | ||||||
11 | institution, other than a regularly
operated refrigerated | ||||||
12 | storage establishment, to have in its possession
any of the | ||||||
13 | wild birds, or any part thereof (and their eggs), or wild
| ||||||
14 | mammals or any parts thereof, protected by this Act unless
| ||||||
15 | done as hereinafter provided:
| ||||||
16 | Game birds or any parts thereof (and their eggs), may be | ||||||
17 | held,
possessed, raised and sold, or otherwise dealt with, as | ||||||
18 | provided in
Section 3.23 of this Act or when legally produced | ||||||
19 | under similar special
permit in another state or country and | ||||||
20 | legally transported into the
State of Illinois; provided that | ||||||
21 | such imported game birds or any parts
thereof, shall be marked | ||||||
22 | with permanent irremovable tags, or similar
devices, to | ||||||
23 | establish and retain their origin and identity;
| ||||||
24 | Rabbits may be legally taken and possessed as provided in | ||||||
25 | Sections
3.23, 3.24, and 3.26 of this Act;
|
| |||||||
| |||||||
1 | Deer, or any parts thereof, may be held, possessed, sold | ||||||
2 | or otherwise
dealt with as provided in this Section and | ||||||
3 | Sections 3.23 and 3.24 of this Act;
| ||||||
4 | If a properly tagged deer is processed at a licensed meat | ||||||
5 | processing facility, the meat processor at the facility is an | ||||||
6 | active member of the Illinois Sportsmen Against Hunger | ||||||
7 | program, and the owner of the deer (i) fails to claim the | ||||||
8 | processed deer within a reasonable time or (ii) notifies the | ||||||
9 | licensed meat processing facility that the owner no longer | ||||||
10 | wants the processed deer, then the deer meat may be given away | ||||||
11 | by the licensed meat processor to another person or donated to | ||||||
12 | any other charitable organization or community food bank that | ||||||
13 | receives wild game meat. The licensed meat processing facility | ||||||
14 | may charge the person receiving the deer meat a reasonable and | ||||||
15 | customary processing fee; | ||||||
16 | Meat processors who are active members of the Illinois | ||||||
17 | Sportsmen Against Hunger program shall keep written records of | ||||||
18 | all deer received. Records shall include the following | ||||||
19 | information: | ||||||
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; |
| |||||||
| |||||||
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 | ||||||
18 | open for inspection by any peace officer at any reasonable | ||||||
19 | hour. Meat processors shall maintain records for a period of 2 | ||||||
20 | years after the date of receipt of the wild game or for as long | ||||||
21 | as the specimen or meat remains in the meat processors | ||||||
22 | possession, whichever is longer; | ||||||
23 | No meat processor shall have in his or her possession any | ||||||
24 | deer that is not listed in his or her written records and | ||||||
25 | properly tagged or labeled; | ||||||
26 | All licensed meat processors who ship any deer or parts of |
| |||||||
| |||||||
1 | deer that have been held, possessed, or otherwise dealt with | ||||||
2 | shall tag or label the shipment, and the tag or label shall | ||||||
3 | state the name of the meat processor; | ||||||
4 | Nothing in this Section removes meat processors from | ||||||
5 | responsibility for the observance of any State or federal | ||||||
6 | laws, rules, or regulations that may apply to the meat | ||||||
7 | processing business; | ||||||
8 | Fur-bearing mammals, or any parts thereof, may be held, | ||||||
9 | possessed,
sold or otherwise dealt with as provided in | ||||||
10 | Sections 3.16, 3.24, and 3.26 of
this Act or when legally taken | ||||||
11 | and possessed in Illinois or
legally taken and possessed in | ||||||
12 | and transported from other
states or countries;
| ||||||
13 | It is unlawful for any person to act as a nuisance wildlife | ||||||
14 | control operator without a permit as provided in subsection | ||||||
15 | (b) of Section 2.37 of this Act. | ||||||
16 | The inedible parts of game mammals may be held, possessed, | ||||||
17 | sold or
otherwise dealt with when legally taken, in Illinois | ||||||
18 | or legally taken and
possessed in and transported
from other | ||||||
19 | states or countries.
| ||||||
20 | Failure to establish proof of the legality of possession | ||||||
21 | in another
state or country and importation into the State of | ||||||
22 | Illinois, shall be
prima facie evidence that such game birds | ||||||
23 | or any parts thereof, and
their eggs, game mammals and | ||||||
24 | fur-bearing mammals, or any parts thereof,
were taken within | ||||||
25 | the State of Illinois.
| ||||||
26 | (Source: P.A. 97-567, eff. 8-25-11.)
|
| |||||||
| |||||||
1 | (520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
| ||||||
2 | Sec. 2.37. Authority to kill wildlife responsible for | ||||||
3 | damage. | ||||||
4 | (a) Subject to
federal regulations and Section 3 of the | ||||||
5 | Illinois Endangered Species Act, the Department may authorize | ||||||
6 | owners
and
tenants of lands or their agents , who are | ||||||
7 | performing the service without fee or compensation, to remove | ||||||
8 | or destroy any wild bird
or wild mammal when the wild bird or
| ||||||
9 | wild mammal
is known to be destroying property or causing a | ||||||
10 | risk to human health or
safety upon his or her land.
| ||||||
11 | Upon receipt by the Department of information from the | ||||||
12 | owner, tenant,
or sharecropper that any one or more species of | ||||||
13 | wildlife is damaging dams, levees, ditches, cattle pastures, | ||||||
14 | or other
property on the land on which he resides or controls, | ||||||
15 | together with a
statement regarding location of the property | ||||||
16 | damages, the nature and
extent of the damage, and the | ||||||
17 | particular species of wildlife committing
the damage, the | ||||||
18 | Department shall make an investigation.
| ||||||
19 | If, after investigation, the Department finds
that damage | ||||||
20 | does exist and
can be abated only by removing or destroying
| ||||||
21 | that wildlife, a permit shall be
issued by the Department to | ||||||
22 | remove or destroy the species responsible for causing
the | ||||||
23 | damage.
| ||||||
24 | A permit to control
the damage shall be for a period of up | ||||||
25 | to 90 days,
shall specify the means and methods by which and |
| |||||||
| |||||||
1 | the person or persons
by whom the wildlife may be removed or | ||||||
2 | destroyed, without fee or compensation, and shall set forth | ||||||
3 | the
disposition procedure to be made of all wildlife taken and | ||||||
4 | other
restrictions the Director
considers necessary and | ||||||
5 | appropriate in the
circumstances of the particular case. | ||||||
6 | Whenever possible, the specimens
destroyed shall be given to a | ||||||
7 | bona-fide public or State scientific,
educational, or | ||||||
8 | zoological institution.
| ||||||
9 | The permittee shall advise the
Department in writing, | ||||||
10 | within 10 days after the expiration date of
the permit, of the | ||||||
11 | number of individual species of wildlife
taken, disposition | ||||||
12 | made of them, and any other information which
the Department | ||||||
13 | may consider necessary.
| ||||||
14 | (b) Subject to federal regulations and Section 3 of the | ||||||
15 | Illinois Endangered
Species Act, the Department may grant to | ||||||
16 | an individual,
who is providing such service for a fee or | ||||||
17 | compensation, corporation,
association or a governmental body | ||||||
18 | the authority
to control species protected by this Code | ||||||
19 | pursuant to the issuance of a Nuisance Wildlife Control | ||||||
20 | Permit. The Department
shall set forth applicable regulations
| ||||||
21 | in an Administrative Order and may require periodic reports | ||||||
22 | listing species
taken, numbers of each species taken, dates | ||||||
23 | when taken, and other pertinent
information.
| ||||||
24 | Any person operating under a Nuisance Wildlife Control | ||||||
25 | Permit who subcontracts the operation of nuisance wildlife | ||||||
26 | control to another is responsible to ensure that such |
| |||||||
| |||||||
1 | subcontractor possesses a valid Nuisance Wildlife Control | ||||||
2 | Permit issued by the Department. The person must maintain a | ||||||
3 | record of the subcontractor including the subcontractor's | ||||||
4 | name, address, and phone number, and type of work to be | ||||||
5 | performed, for a period of not less than 2 years from the date | ||||||
6 | the subcontractor is no longer performing services on behalf | ||||||
7 | of the person. The records shall be presented to an authorized | ||||||
8 | employee of the Department or law enforcement officer upon | ||||||
9 | request for inspection. | ||||||
10 | Any person operating without the required permit as | ||||||
11 | outlined under this subsection (b) or in violation of this | ||||||
12 | subsection (b) is deemed to be taking, attempting to take, | ||||||
13 | disturbing, or harassing wildlife contrary to the provisions | ||||||
14 | of this Code, including the taking or attempting to take such | ||||||
15 | species for commercial purposes as outlined in Sections 2.36 | ||||||
16 | and 2.36a of this Code. Any devices and equipment, including | ||||||
17 | vehicles, used in violation of this subsection (b) may be | ||||||
18 | subject to the provisions of Section 1.25 of this Code. | ||||||
19 | (c) Except when operating under subsection (b) of this | ||||||
20 | Section, drainage districts Drainage Districts shall have the | ||||||
21 | authority to control beaver provided
that they must notify the | ||||||
22 | Department in writing that a problem exists and
of their | ||||||
23 | intention to trap the animals at least 7 days before the | ||||||
24 | trapping
begins. The district District must identify traps | ||||||
25 | used in beaver control outside
the dates of the furbearer | ||||||
26 | trapping season with metal tags with the district's
name |
| |||||||
| |||||||
1 | legibly inscribed upon them. During the fur trapping | ||||||
2 | furtrapping season, traps
must be identified as prescribed by | ||||||
3 | law. Conibear traps at least size 330
shall be used except | ||||||
4 | during the statewide furbearer trapping season. During
that | ||||||
5 | time trappers may use any device that is legal according to the | ||||||
6 | Wildlife
Code. Except during the statewide furbearer trapping | ||||||
7 | season, beaver traps
must be set in water at least 10 inches | ||||||
8 | deep. Except during the statewide
furbearer trapping season, | ||||||
9 | traps must be set within 10 feet of an inhabited
bank burrow or | ||||||
10 | house and within 10 feet of a dam maintained by a beaver.
No | ||||||
11 | beaver or other furbearer taken outside of the dates for the | ||||||
12 | furbearer
trapping season may be sold. All animals must be | ||||||
13 | given to the nearest
conservation officer or other Department | ||||||
14 | of Natural Resources representative
within 48 hours
after they | ||||||
15 | are caught unless otherwise instructed by the Department . | ||||||
16 | Furbearers taken during the fur trapping season
may be sold | ||||||
17 | provided that they are taken by persons who have valid | ||||||
18 | trapping
licenses in their possession and are lawfully taken. | ||||||
19 | The district District must
submit an annual report showing the | ||||||
20 | species and numbers of animals caught.
The report must | ||||||
21 | indicate all species which were taken. This authority only | ||||||
22 | extends to control of beavers.
Any other protected species | ||||||
23 | must be controlled pursuant to subsection (b) or (c).
| ||||||
24 | The location of traps or snares authorized under this | ||||||
25 | Section, either by the Department or any other governmental | ||||||
26 | body with the authority to control species protected by this |
| |||||||
| |||||||
1 | Code, shall be exempt from the provisions of the Freedom of | ||||||
2 | Information 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 | ||||||
7 | Section
2.36a,
including administrative rules, shall be guilty | ||||||
8 | of a Class 3 felony, except
as otherwise provided in | ||||||
9 | subsection (b) of this Section and subsection (a) of
Section | ||||||
10 | 2.36a.
| ||||||
11 | (b) Whenever any person who has not previously been | ||||||
12 | convicted of, or
placed
on probation or court supervision for, | ||||||
13 | any offense under Section 1.22,
2.36, or 2.36a operating | ||||||
14 | without a permit as prescribed in subsection (b) of Section | ||||||
15 | 2.37 or subsection (i) or (cc) of Section
2.33, the court may, | ||||||
16 | without entering a
judgment and with the person's consent, | ||||||
17 | sentence the person to probation for a
violation of Section | ||||||
18 | 2.36a.
| ||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 | ||||||
19 | Sections 2.9, 2.11,
2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, | ||||||
20 | 2.31, 2.32, 2.33 (except
subsections (g), (i), (o), (p), (y), | ||||||
21 | and (cc)), 2.33-1, 2.33a, 3.3,
3.4, 3.11 through 3.16, 3.19, | ||||||
22 | 3.20, 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 | ||||||
25 | Class B misdemeanor.
| ||||||
26 | A person who violates Section 2.33b by using any computer |
| |||||||
| |||||||
1 | software or service to remotely control a weapon that takes | ||||||
2 | wildlife by remote operation is guilty of a Class B | ||||||
3 | misdemeanor. A person who violates Section 2.33b by | ||||||
4 | facilitating a violation of Section 2.33b, including an owner | ||||||
5 | of land in which remote control hunting occurs, a computer | ||||||
6 | programmer who designs a program or software to facilitate | ||||||
7 | remote control hunting, or a person who provides weapons or | ||||||
8 | equipment to facilitate remote control hunting, is guilty of a | ||||||
9 | Class A misdemeanor. | ||||||
10 | Any person who violates any of the
provisions of Sections | ||||||
11 | 1.22, 2.2a, 2.3,
2.4, 2.36 and 2.38, including administrative | ||||||
12 | rules, shall be guilty of a
Class A misdemeanor. Any second or | ||||||
13 | subsequent violations of Sections
2.4 and 2.36 shall be a | ||||||
14 | Class 4 felony.
| ||||||
15 | Any person who violates any of the provisions of this Act, | ||||||
16 | including
administrative rules, during such period when his | ||||||
17 | license, privileges, or
permit is revoked or denied by virtue | ||||||
18 | of 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 | ||||||
21 | misdemeanor and subject to a
fine of no less than $500 and no | ||||||
22 | more than $5,000 in addition to other
statutory penalties. In | ||||||
23 | addition, the Department shall suspend the privileges, under | ||||||
24 | this Act, of any person found guilty of violating Section | ||||||
25 | 2.33(cc) for a period of not less than one year.
| ||||||
26 | Any person who operates without a permit in violation |
| |||||||
| |||||||
1 | subsection (b) of Section 2.37 is guilty of a Class A | ||||||
2 | misdemeanor and subject to a fine of not less than $500. Any | ||||||
3 | other violation of subsection (b) of Section 2.37 including | ||||||
4 | administrative rules is a Class B misdemeanor. | ||||||
5 | Any person who violates any other of
the provisions of | ||||||
6 | this Act
including administrative rules, unless otherwise | ||||||
7 | stated, shall be
guilty of a petty offense. Offenses committed | ||||||
8 | by minors under the
direct control or with the consent of a | ||||||
9 | parent or guardian may subject
the parent or guardian to the | ||||||
10 | penalties prescribed in this Section.
| ||||||
11 | In addition to any fines imposed pursuant to the | ||||||
12 | provisions of this
Section or as otherwise provided in this | ||||||
13 | Act, any person found guilty of
unlawfully taking or | ||||||
14 | possessing any species protected by this Act, shall be
| ||||||
15 | assessed a civil penalty for such species in accordance with | ||||||
16 | the values
prescribed in Section 2.36a of this Act. This civil | ||||||
17 | penalty shall be
imposed by the Circuit Court for the county | ||||||
18 | within which the offense was
committed at the time of the | ||||||
19 | conviction. Any person found guilty of violating subsection | ||||||
20 | (b) of Section 2.37 is subject to an additional civil penalty | ||||||
21 | of up to $1,500. All penalties provided for in
this Section | ||||||
22 | shall be remitted to the Department in accordance with the
| ||||||
23 | same provisions provided for in Section 1.18 of this Act , | ||||||
24 | except that civil penalties collected for violation of | ||||||
25 | Subsection (b) of Section 2.37 shall be remitted to the | ||||||
26 | Department and allocated as follows: .
|
| |||||||
| |||||||
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 | ||||||
6 | becoming law.".
|