Bill Text: IL HB6137 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Herptiles-Herps Act, the Fish and Aquatic Life Code, and the Wildlife Code. Provides that no employee of the Department of Natural Resources 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 the Acts. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-02-11 - Referred to Rules Committee [HB6137 Detail]

Download: Illinois-2015-HB6137-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB6137 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
510 ILCS 68/105-40
515 ILCS 5/1-185 from Ch. 56, par. 1-185
520 ILCS 5/1.19 from Ch. 61, par. 1.19
Amends the Herptiles-Herps Act, the Fish and Aquatic Life Code, and the Wildlife Code. Provides that no employee of the Department of Natural Resources 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 the Acts. Makes other changes. Effective immediately.
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A BILL FOR
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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 Herptiles-Herps Act is amended by changing
Section 105-40 as follows:
(510 ILCS 68/105-40)
Sec. 105-40. Power of entry and examination; access to
lands and waters. Authorized employees of the Department are
empowered, under law, to enter all lands and waters to enforce
this Act. Authorized employees with a reasonable suspicion that
they will find evidence of a violation of this Act may are
further empowered to examine all buildings, private or public
clubs (except dwellings), fish markets, reptile shows, pet
stores, camps, vessels, cars (except sealed railroad cars or
other sealed common carriers), conveyances, vehicles,
watercraft, or any other means of transportation or shipping,
tents, bags, pillowcases, coats, jackets, or other receptacles
and to open any box, barrel, package, or other receptacle in
the possession of a common carrier, which might contain that
they have reason to believe contains reptile or amphibian life
or any part of reptile or amphibian life taken, bought, sold or
bartered, shipped, or had in possession contrary to this Act,
including administrative rules, or that the receptacle

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containing the reptile or amphibian is falsely labeled.
Authorized employees of the Department shall be given free
access to and shall not be hindered or interfered with in
making an entry and examination. Any permit or license held by
a person preventing free access or interfering with or
hindering an employee shall not be issued to that person for
the period of one year after his or her action.
Employees of the Department, as specifically authorized by
the Director, are empowered to enter all lands and waters for
the purpose of reptile or amphibian investigations, State and
federal permit inspections, as well as reptile or amphibian
censuses or inventories, and are further empowered to conduct
examination of equipment and devices in the field, under law,
to ensure compliance with this 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 Act.
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. 98-752, eff. 1-1-15.)

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Section 10. The Fish and Aquatic Life Code is amended by
changing Section 1-185 as follows:
(515 ILCS 5/1-185) (from Ch. 56, par. 1-185)
Sec. 1-185. Power of entry and examination. Authorized
employees of the Department are empowered, under law, to enter
all lands and waters to enforce this Code. 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 common carriers),
conveyances, vehicles, water craft, or any other means of
transportation or shipping, 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 that they have reason to believe
contains aquatic life or any part of aquatic life taken,
bought, sold or bartered, shipped, or had in possession
contrary to this Code, including administrative rules, or that
the receptacle containing the aquatic life is falsely labeled.
Authorized employees of the Department shall be given free
access to and shall not be hindered or interfered with in
making an entry and examination. Any license held by a person
preventing free access or interfering with or hindering an

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employee shall not be issued to that person for the period of
one year after his or her action.
Employees of the Department as specifically authorized by
the Director are empowered to enter all lands and waters for
purposes of pollution investigations, State and federal permit
inspections, as well as aquatic life and wildlife censuses or
inventories, and are further empowered to conduct examination
of equipment and devices in the field, under law, to ensure
compliance with this Code.
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. 87-833.)
Section 15. The Wildlife Code is amended by changing
Section 1.19 as follows:
(520 ILCS 5/1.19) (from Ch. 61, par. 1.19)

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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
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

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