Bill Text: IL HB1652 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Wildlife Code. Makes a technical change in a Section concerning administration and definitions.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0402 [HB1652 Detail]
Download: Illinois-2013-HB1652-Amended.html
Bill Title: Amends the Wildlife Code. Makes a technical change in a Section concerning administration and definitions.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0402 [HB1652 Detail]
Download: Illinois-2013-HB1652-Amended.html
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1 | AMENDMENT TO HOUSE BILL 1652
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2 | AMENDMENT NO. ______. Amend House Bill 1652 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Section 48-3 as follows:
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6 | (720 ILCS 5/48-3) | ||||||
7 | Sec. 48-3. Hunter or fisherman interference. | ||||||
8 | (a) Definitions. As used in this Section: | ||||||
9 | "Aquatic life" means all fish, reptiles, amphibians, | ||||||
10 | crayfish, and mussels the taking of which is
authorized
by | ||||||
11 | the Fish and Aquatic Life Code. | ||||||
12 | "Interfere with" means to take any action that | ||||||
13 | physically impedes, hinders,
or obstructs the lawful | ||||||
14 | taking of wildlife or aquatic life. | ||||||
15 | "Taking" means the capture or killing of wildlife or | ||||||
16 | aquatic life and
includes
travel, camping, and other acts |
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1 | preparatory to taking which occur on lands
or waters upon | ||||||
2 | which the affected person has the right or privilege to | ||||||
3 | take
such wildlife or aquatic life. | ||||||
4 | "Wildlife" means any wildlife the taking of which is
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5 | authorized
by the Wildlife Code and includes those species | ||||||
6 | that are lawfully
released by properly licensed permittees | ||||||
7 | of the Department of Natural
Resources. | ||||||
8 | (b) A person commits hunter or fisherman interference when | ||||||
9 | he or she intentionally or knowingly: | ||||||
10 | (1) obstructs or interferes with the lawful taking of
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11 | wildlife or aquatic life by another person with the | ||||||
12 | specific
intent to prevent that lawful taking; | ||||||
13 | (2) drives or disturbs wildlife or aquatic life for the | ||||||
14 | purpose of disrupting a lawful
taking of wildlife or | ||||||
15 | aquatic life; | ||||||
16 | (3) blocks, impedes, or physically harasses another | ||||||
17 | person who is engaged
in the process of lawfully taking | ||||||
18 | wildlife or aquatic life; | ||||||
19 | (4) uses natural or artificial visual, aural, | ||||||
20 | olfactory, gustatory, or
physical stimuli to affect | ||||||
21 | wildlife or aquatic life behavior in order to hinder or | ||||||
22 | prevent the
lawful taking of wildlife or aquatic life; | ||||||
23 | (5) erects barriers with the intent to deny ingress or | ||||||
24 | egress to or from
areas where the lawful taking of wildlife | ||||||
25 | or aquatic life may occur; | ||||||
26 | (6) intentionally interjects himself or herself into |
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1 | the line of fire or fishing lines of a
person lawfully | ||||||
2 | taking wildlife or aquatic life; | ||||||
3 | (7) affects the physical condition or placement of | ||||||
4 | personal or public
property intended for use in the lawful | ||||||
5 | taking of wildlife or aquatic life in order to
impair the | ||||||
6 | usefulness of the property or prevent the use of the | ||||||
7 | property; | ||||||
8 | (8) enters or remains upon or over private lands | ||||||
9 | without the permission of
the
owner or the owner's agent, | ||||||
10 | with the intent to violate this subsection; or | ||||||
11 | (9) fails to obey the order of a peace officer to | ||||||
12 | desist from conduct
in violation of this subsection (b) if | ||||||
13 | the officer observes the conduct,
or has reasonable grounds | ||||||
14 | to believe that the person has engaged in the conduct that | ||||||
15 | day or that the person plans or intends to engage in the | ||||||
16 | conduct
that day on a specific premises ; or . | ||||||
17 | (10) uses a drone in a way that interferes with another | ||||||
18 | person's lawful taking of
wildlife or aquatic life. For the | ||||||
19 | purposes of this paragraph (10), "drone" means any aerial | ||||||
20 | vehicle that does not carry a human operator. | ||||||
21 | (c) Exemptions; defenses. | ||||||
22 | (1) This Section does not apply to actions performed by | ||||||
23 | authorized employees of
the Department of Natural | ||||||
24 | Resources, duly accredited officers of the U.S. Fish
and | ||||||
25 | Wildlife Service, sheriffs, deputy sheriffs, or other | ||||||
26 | peace officers if the
actions are authorized by law and are |
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1 | necessary for the performance of their
official duties. | ||||||
2 | (2) This Section does not apply to landowners, tenants, | ||||||
3 | or lease holders
exercising their legal rights to the | ||||||
4 | enjoyment of land, including, but not
limited to, farming | ||||||
5 | and restricting trespass. | ||||||
6 | (3) It is an affirmative defense to a prosecution for a | ||||||
7 | violation of this
Section that the defendant's conduct is | ||||||
8 | protected by his or her right to
freedom of speech under | ||||||
9 | the constitution of this State or the United States. | ||||||
10 | (4) Any interested parties may engage in protests or | ||||||
11 | other free speech activities
adjacent to or on the | ||||||
12 | perimeter of the location where the lawful taking of | ||||||
13 | wildlife or aquatic life is taking place, provided that | ||||||
14 | none of the provisions of this Section
are being violated. | ||||||
15 | (d) Sentence. A first violation of paragraphs (1) through | ||||||
16 | (8) of subsection (b) is a Class B misdemeanor. A second or | ||||||
17 | subsequent violation of
paragraphs (1) through (8) of | ||||||
18 | subsection (b) is a Class A misdemeanor for which imprisonment | ||||||
19 | for not less than 7 days shall be imposed. A
person guilty of a | ||||||
20 | second or subsequent violation of paragraphs (1) through (8) of | ||||||
21 | subsection (b) is not
eligible for court
supervision. A | ||||||
22 | violation of paragraph (9) or (10) of subsection (b) is a Class | ||||||
23 | A misdemeanor. A court shall revoke, for a period of one year | ||||||
24 | to 5 years, any Illinois
hunting, fishing, or trapping | ||||||
25 | privilege, license or permit of any person
convicted of | ||||||
26 | violating any provision of this Section. For
purposes of this |
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1 | subsection, a "second or subsequent violation" means a | ||||||
2 | conviction
under paragraphs (1) through (8) of subsection (b) | ||||||
3 | of this Section within 2 years of a prior violation arising | ||||||
4 | from a separate set
of circumstances. | ||||||
5 | (e) Injunctions; damages. | ||||||
6 | (1) Any court may enjoin conduct which would be in | ||||||
7 | violation
of paragraphs (1) through (8) or (10) of | ||||||
8 | subsection (b) upon petition by a person affected or who | ||||||
9 | reasonably
may be affected by the conduct, upon a showing | ||||||
10 | that the conduct is threatened
or that it has occurred on a | ||||||
11 | particular premises in the past and that it
is not | ||||||
12 | unreasonable to expect that under similar circumstances it | ||||||
13 | will be
repeated. | ||||||
14 | (2) A court shall award all resulting costs and damages | ||||||
15 | to any person
adversely affected by a violation of | ||||||
16 | paragraphs (1) through (8) or (10) of subsection (b), which | ||||||
17 | may include an award for
punitive damages. In addition to | ||||||
18 | other items of special damage, the measure of
damages may | ||||||
19 | include expenditures of the affected person for license and | ||||||
20 | permit
fees, travel, guides, special equipment and | ||||||
21 | supplies, to the extent that these
expenditures were | ||||||
22 | rendered futile by prevention of the taking of wildlife or | ||||||
23 | aquatic life.
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24 | (Source: P.A. 97-1108, eff. 1-1-13.)
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25 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.".
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