Bill Text: IL HB3699 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that the exemption from a violation of the statute concerning hunter or fisherman interference for landowners, tenants, or lease holders exercising their legal rights to the enjoyment of land does not apply when those actions are knowingly or intentionally interfering with the lawful taking of wildlife or aquatic life by an adjacent landowner, tenant, or lease holder.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3699 Detail]

Download: Illinois-2015-HB3699-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3699 Introduced , by Rep. Jerry F. Costello, II SYNOPSIS AS INTRODUCED:
720 ILCS 5/48-3
Amends the Criminal Code of 2012. Provides that the exemption from a violation of the statute concerning hunter or fisherman interference for landowners, tenants, or lease holders exercising their legal rights to the enjoyment of land does not apply when those actions are knowingly or intentionally interfering with the lawful taking of wildlife or aquatic life by an adjacent landowner, tenant, or lease holder.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Section 48-3 as follows:
(720 ILCS 5/48-3)
Sec. 48-3. Hunter or fisherman interference.
(a) Definitions. As used in this Section:
"Aquatic life" means all fish, reptiles, amphibians,
crayfish, and mussels the taking of which is authorized by
the Fish and Aquatic Life Code.
"Interfere with" means to take any action that
physically impedes, hinders, or obstructs the lawful
taking of wildlife or aquatic life.
"Taking" means the capture or killing of wildlife or
aquatic life and includes travel, camping, and other acts
preparatory to taking which occur on lands or waters upon
which the affected person has the right or privilege to
take such wildlife or aquatic life.
"Wildlife" means any wildlife the taking of which is
authorized by the Wildlife Code and includes those species
that are lawfully released by properly licensed permittees
of the Department of Natural Resources.

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(b) A person commits hunter or fisherman interference when
he or she intentionally or knowingly:
(1) obstructs or interferes with the lawful taking of
wildlife or aquatic life by another person with the
specific intent to prevent that lawful taking;
(2) drives or disturbs wildlife or aquatic life for the
purpose of disrupting a lawful taking of wildlife or
aquatic life;
(3) blocks, impedes, or physically harasses another
person who is engaged in the process of lawfully taking
wildlife or aquatic life;
(4) uses natural or artificial visual, aural,
olfactory, gustatory, or physical stimuli to affect
wildlife or aquatic life behavior in order to hinder or
prevent the lawful taking of wildlife or aquatic life;
(5) erects barriers with the intent to deny ingress or
egress to or from areas where the lawful taking of wildlife
or aquatic life may occur;
(6) intentionally interjects himself or herself into
the line of fire or fishing lines of a person lawfully
taking wildlife or aquatic life;
(7) affects the physical condition or placement of
personal or public property intended for use in the lawful
taking of wildlife or aquatic life in order to impair the
usefulness of the property or prevent the use of the
property;

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(8) enters or remains upon or over private lands
without the permission of the owner or the owner's agent,
with the intent to violate this subsection;
(9) fails to obey the order of a peace officer to
desist from conduct in violation of this subsection (b) if
the officer observes the conduct, or has reasonable grounds
to believe that the person has engaged in the conduct that
day or that the person plans or intends to engage in the
conduct that day on a specific premises; or
(10) uses a drone in a way that interferes with another
person's lawful taking of wildlife or aquatic life. For the
purposes of this paragraph (10), "drone" means any aerial
vehicle that does not carry a human operator.
(c) Exemptions; defenses.
(1) This Section does not apply to actions performed by
authorized employees of the Department of Natural
Resources, duly accredited officers of the U.S. Fish and
Wildlife Service, sheriffs, deputy sheriffs, or other
peace officers if the actions are authorized by law and are
necessary for the performance of their official duties.
(2) This Section does not apply to landowners, tenants,
or lease holders exercising their legal rights to the
enjoyment of land, including, but not limited to, farming
and restricting trespass, except when those actions are
knowingly or intentionally interfering with the lawful
taking of wildlife or aquatic life by an adjacent

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landowner, tenant, or lease holder.
(3) It is an affirmative defense to a prosecution for a
violation of this Section that the defendant's conduct is
protected by his or her right to freedom of speech under
the constitution of this State or the United States.
(4) Any interested parties may engage in protests or
other free speech activities adjacent to or on the
perimeter of the location where the lawful taking of
wildlife or aquatic life is taking place, provided that
none of the provisions of this Section are being violated.
(d) Sentence. A first violation of paragraphs (1) through
(8) of subsection (b) is a Class B misdemeanor. A second or
subsequent violation of paragraphs (1) through (8) of
subsection (b) is a Class A misdemeanor for which imprisonment
for not less than 7 days shall be imposed. A person guilty of a
second or subsequent violation of paragraphs (1) through (8) of
subsection (b) is not eligible for court supervision. A
violation of paragraph (9) or (10) of subsection (b) is a Class
A misdemeanor. A court shall revoke, for a period of one year
to 5 years, any Illinois hunting, fishing, or trapping
privilege, license or permit of any person convicted of
violating any provision of this Section. For purposes of this
subsection, a "second or subsequent violation" means a
conviction under paragraphs (1) through (8) of subsection (b)
of this Section within 2 years of a prior violation arising
from a separate set of circumstances.

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(e) Injunctions; damages.
(1) Any court may enjoin conduct which would be in
violation of paragraphs (1) through (8) or (10) of
subsection (b) upon petition by a person affected or who
reasonably may be affected by the conduct, upon a showing
that the conduct is threatened or that it has occurred on a
particular premises in the past and that it is not
unreasonable to expect that under similar circumstances it
will be repeated.
(2) A court shall award all resulting costs and damages
to any person adversely affected by a violation of
paragraphs (1) through (8) or (10) of subsection (b), which
may include an award for punitive damages. In addition to
other items of special damage, the measure of damages may
include expenditures of the affected person for license and
permit fees, travel, guides, special equipment and
supplies, to the extent that these expenditures were
rendered futile by prevention of the taking of wildlife or
aquatic life.
(Source: P.A. 97-1108, eff. 1-1-13; 98-402, eff. 8-16-13.)