Bill Text: IL HB5894 | 2013-2014 | 98th General Assembly | Engrossed

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Bill Title: Amends the Wildlife Code. Provides that all authorized employees of the Department of Natural Resources are empowered to enter all public lands and waters (was previously all lands and waters) to enforce the provisions of the Act. Provides that authorized employees are empowered to examine all buildings used by commercial entities as private or public clubs (except dwellings), fish markets, cold storage houses, locker plants, camps, vessels, cars (except sealed railroad cars or other sealed common carrier), conveyances, vehicles, watercraft or other means of transportation or shipping whatsoever, tents, game bags, game coats or other receptacles, and to open and examine any box, barrel, package, or other receptacle in the possession of a common carrier, which they have reason to believe contains wild birds or any part thereof (their nests or eggs), or wild mammals or any part thereof, taken, destroyed, bought, sold or bartered, shipped, or held in possession contrary to any of the provisions of the Act. Provides that no employee of the Department shall enter any private land, question an individual, or make any examinations without probable cause, a valid warrant, or permission. Effective immediately.

Sponsorship: Strong Partisan Bill (Republican 15-1)

Status: (Failed) 2014-12-03 - Session Sine Die [HB5894 Detail]

Download: Illinois-2013-HB5894-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
1.19 as follows:
(520 ILCS 5/1.19) (from Ch. 61, par. 1.19)
Sec. 1.19. All authorized employees of the Department are
empowered, pursuant to law, to enter all lands and waters to
enforce the provisions of this Code Act. Authorized employees
with a reasonable suspicion that they will find evidence of a
violation of this Code may are further empowered to examine all
buildings, private or public clubs (except dwellings), fish
markets, cold storage houses, locker plants, camps, vessels,
cars (except sealed railroad cars or other sealed common
carrier), conveyances, vehicles, watercraft or other means of
transportation or shipping whatsoever, tents, game bags, game
coats or other receptacles, and to open and examine any box,
barrel, package, or other receptacle in the possession of a
common carrier, which might contain they have reason to believe
contains wild birds or any part thereof (their nests or eggs),
or wild mammals or any part thereof, taken, destroyed, bought,
sold or bartered, shipped, or held in possession contrary to
any of the provisions of this Code Act, including

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administrative rules, or that the receptacle containing the
same is falsely labeled.
All authorized employees of the Department shall be given
free access to and shall not be hindered or interfered with in
making such examination, and any license issued by the
Department held by the person preventing such free access or
interfering with or hindering such authorized employee shall be
subject to confiscation by the Department; and no license or
permit of any kind whatsoever shall be issued to such person
for the period of one year thereafter.
Authorized law enforcement employees of the Department are
empowered to conduct examination of equipment and devices in
the field, pursuant to law, to ensure compliance with the
provisions of this Code Act.
However, no employee of the Department shall search any
home or its curtilage without a valid warrant, permission, or
probable cause that the home or its curtilage contains evidence
of a violation of this Code.
In determining what constitutes "curtilage", the
Department shall consider, but is not limited to considering,
the proximity of the area to the home, whether the area is
included within an enclosure surrounding the home, the nature
of the uses to which the area is put, the steps taken by the
resident to protect the area from observation by people passing
by, or any combination of these factors.
(Source: P.A. 85-152.)

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Section 99. Effective date. This Act takes effect upon
becoming law.