Bill Text: IL HB2900 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Wildlife Code. Prohibits contests or competitions with the objective of taking any fur-bearing mammal. Provides an exception for field trials. Provides that a violation is 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.

Spectrum: Partisan Bill (Democrat 27-0)

Status: (Engrossed) 2024-12-18 - Added as Alternate Co-Sponsor Sen. Robert F. Martwick [HB2900 Detail]

Download: Illinois-2023-HB2900-Engrossed.html

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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 2.40 as follows:
(520 ILCS 5/2.40 new)
Sec. 2.40. Fur-bearing mammal killing contests prohibited.
Notwithstanding any other provision of law, a person shall not
organize, sponsor, promote, conduct, or participate in any
contest, organized competition, tournament, or derby that has
the objective of taking any fur-bearing mammal, as defined in
Section 1.2g, for cash, prizes, or other inducement. This
Section does not apply to field trials permitted by the
Department pursuant to Section 2.34.
(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

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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

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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.

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(9) The Circuit Clerk shall notify the Illinois 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 through 3.16, 3.19,
3.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5),
(g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection
(f)), 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, 2.2a, 2.3, 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.

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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 or Section 2.40 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. In addition, the Department shall suspend the
privileges, under this Act, of any person found guilty of
violating Section 2.33(cc) for a period of not less than one
year.
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

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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. 102-538, eff. 8-20-21.)