Bill Text: IL SB2794 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Wildlife Code. Provides that it is unlawful for any person who is within 300 yards of an inhabited dwelling, to hunt with gun or dog, allow a dog to hunt, or discharge a firearm without first obtaining permission from the owner or tenant of the dwelling, except that a 100-yard restriction, rather than a 300-yard restriction, shall apply (i) while on the land of another person as an invitee with that person's permission, (ii) while trapping, hunting with dog and shotgun using shot shells only, hunting with shotgun using shot shells only, or providing outfitting services under a waterfowl outfitter permit, or (iii) while on licensed game breeding and hunting preserve areas, federally owned and managed lands, or Department owned, managed, leased, or controlled lands.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-12 - Rule 2-10 Third Reading Deadline Established As May 3, 2024 [SB2794 Detail]

Download: Illinois-2023-SB2794-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2794 Introduced 1/17/2024, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED:
520 ILCS 5/2.33
Amends the Wildlife Code. Provides that it is unlawful for any person who is within 300 yards of an inhabited dwelling, to hunt with gun or dog, allow a dog to hunt, or discharge a firearm without first obtaining permission from the owner or tenant of the dwelling, except that a 100-yard restriction, rather than a 300-yard restriction, shall apply (i) while on the land of another person as an invitee with that person's permission, (ii) while trapping, hunting with dog and shotgun using shot shells only, hunting with shotgun using shot shells only, or providing outfitting services under a waterfowl outfitter permit, or (iii) while on licensed game breeding and hunting preserve areas, federally owned and managed lands, or Department owned, managed, leased, or controlled lands.
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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 Wildlife Code is amended by changing
Section 2.33 as follows:
(520 ILCS 5/2.33)
Sec. 2.33. Prohibitions.
(a) It is unlawful to carry or possess any gun in any State
refuge unless otherwise permitted by administrative rule.
(b) It is unlawful to use or possess any snare or
snare-like device, deadfall, net, or pit trap to take any
species, except that snares not powered by springs or other
mechanical devices may be used to trap fur-bearing mammals, in
water sets only, if at least one-half of the snare noose is
located underwater at all times.
(c) It is unlawful for any person at any time to take a
wild mammal protected by this Act from its den by means of any
mechanical device, spade, or digging device or to use smoke or
other gases to dislodge or remove such mammal except as
provided in Section 2.37.
(d) It is unlawful to use a ferret or any other small
mammal which is used in the same or similar manner for which
ferrets are used for the purpose of frightening or driving any

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mammals from their dens or hiding places.
(e) (Blank).
(f) It is unlawful to use spears, gigs, hooks, or any like
device to take any species protected by this Act.
(g) It is unlawful to use poisons, chemicals, or
explosives for the purpose of taking any species protected by
this Act.
(h) It is unlawful to hunt adjacent to or near any peat,
grass, brush, or other inflammable substance when it is
burning.
(i) It is unlawful to take, pursue or intentionally harass
or disturb in any manner any wild birds or mammals by use or
aid of any vehicle, conveyance, or unmanned aircraft as
defined by the Illinois Aeronautics Act, except as permitted
by the Code of Federal Regulations for the taking of
waterfowl; except that nothing in this subsection shall
prohibit the use of unmanned aircraft in the inspection of a
public utility facility, tower, or structure or a mobile
service facility, tower, or structure by a public utility, as
defined in Section 3-105 of the Public Utilities Act, or a
provider of mobile services as defined in Section 153 of Title
47 of the United States Code. It is also unlawful to use the
lights of any vehicle or conveyance, any light connected to
any vehicle or conveyance, or any other lighting device or
mechanism from inside or on a vehicle or conveyance in any area
where wildlife may be found except in accordance with Section

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2.37 of this Act; however, nothing in this Section shall
prohibit the normal use of headlamps for the purpose of
driving upon a roadway. For purposes of this Section, any
other lighting device or mechanism shall include, but not be
limited to, any device that uses infrared or other light not
visible to the naked eye, electronic image intensification,
active illumination, thermal imaging, or night vision. Striped
skunk, opossum, red fox, gray fox, raccoon, bobcat, and coyote
may be taken during the open season by use of a small light
which is worn on the body or hand-held by a person on foot and
not in any vehicle.
(j) It is unlawful to use any shotgun larger than 10 gauge
while taking or attempting to take any of the species
protected by this Act.
(k) It is unlawful to use or possess in the field any
shotgun shell loaded with a shot size larger than lead BB or
steel T (.20 diameter) when taking or attempting to take any
species of wild game mammals (excluding white-tailed deer),
wild game birds, migratory waterfowl or migratory game birds
protected by this Act, except white-tailed deer as provided
for in Section 2.26 and other species as provided for by
subsection (l) or administrative rule.
(l) It is unlawful to take any species of wild game, except
white-tailed deer and fur-bearing mammals, with a shotgun
loaded with slugs unless otherwise provided for by
administrative rule.

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(m) It is unlawful to use any shotgun capable of holding
more than 3 shells in the magazine or chamber combined, except
on game breeding and hunting preserve areas licensed under
Section 3.27 and except as permitted by the Code of Federal
Regulations for the taking of waterfowl. If the shotgun is
capable of holding more than 3 shells, it shall, while being
used on an area other than a game breeding and shooting
preserve area licensed pursuant to Section 3.27, be fitted
with a one-piece plug that is irremovable without dismantling
the shotgun or otherwise altered to render it incapable of
holding more than 3 shells in the magazine and chamber,
combined.
(n) It is unlawful for any person, except persons who
possess a permit to hunt from a vehicle as provided in this
Section and persons otherwise permitted by law, to have or
carry any gun in or on any vehicle, conveyance, or aircraft,
unless such gun is unloaded and enclosed in a case, except that
at field trials authorized by Section 2.34 of this Act,
unloaded guns or guns loaded with blank cartridges only may be
carried on horseback while not contained in a case, or to have
or carry any bow or arrow device in or on any vehicle unless
such bow or arrow device is unstrung or enclosed in a case, or
otherwise made inoperable unless in accordance with the
Firearm Concealed Carry Act.
(o) (Blank).
(p) It is unlawful to take game birds, migratory game

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birds or migratory waterfowl with a rifle, pistol, revolver,
or air rifle.
(q) It is unlawful to fire a rifle, pistol, revolver, or
air rifle on, over, or into any waters of this State, including
frozen waters.
(r) It is unlawful to discharge any gun or bow and arrow
device along, upon, across, or from any public right-of-way or
highway in this State.
(s) It is unlawful to use a silencer or other device to
muffle or mute the sound of the explosion or report resulting
from the firing of any gun.
(t) It is unlawful for any person to take or attempt to
take any species of wildlife or parts thereof, or allow a dog
to hunt, within or upon the land of another, or upon waters
flowing over or standing on the land of another, or to
knowingly shoot a gun or bow and arrow device at any wildlife
physically on or flying over the property of another without
first obtaining permission from the owner or the owner's
designee. For the purposes of this Section, the owner's
designee means anyone who the owner designates in a written
authorization and the authorization must contain (i) the legal
or common description of property for which such authority is
given, (ii) the extent that the owner's designee is authorized
to make decisions regarding who is allowed to take or attempt
to take any species of wildlife or parts thereof, and (iii) the
owner's notarized signature. Before enforcing this Section,

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the law enforcement officer must have received notice from the
owner or the owner's designee of a violation of this Section.
Statements made to the law enforcement officer regarding this
notice shall not be rendered inadmissible by the hearsay rule
when offered for the purpose of showing the required notice.
(u) It is unlawful for any person who is within 300 yards
of an inhabited dwelling to discharge any firearm for the
purpose of taking any of the species protected by this Act, or
hunt with gun or dog, or allow a dog to hunt, or discharge a
firearm within 300 yards of an inhabited dwelling without
first obtaining permission from the owner or tenant of the
dwelling, except that a 100-yard restriction, rather than a
300-yard restriction, shall apply (i) while on the land of
another person as an invitee with that person's permission,
(ii) while trapping, hunting with bow and arrow, hunting with
dog and shotgun using shot shells only, or hunting with
shotgun using shot shells only, or providing outfitting
services under a waterfowl outfitter permit, or (iii) while on
licensed game breeding and hunting preserve areas, as defined
in Section 3.27, on federally owned and managed lands, or and
on Department owned, managed, leased, or controlled lands, a
100 yard restriction shall apply.
(v) It is unlawful for any person to remove fur-bearing
mammals from, or to move or disturb in any manner, the traps
owned by another person without written authorization of the
owner to do so.

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(w) It is unlawful for any owner of a dog to allow his or
her dog to pursue, harass, or kill deer, except that nothing in
this Section shall prohibit the tracking of wounded deer with
a dog in accordance with the provisions of Section 2.26 of this
Code.
(x) It is unlawful for any person to wantonly or
carelessly injure or destroy, in any manner whatsoever, any
real or personal property on the land of another while engaged
in hunting or trapping thereon.
(y) It is unlawful to hunt wild game protected by this Act
between one-half hour after sunset and one-half hour before
sunrise, except that hunting hours between one-half hour after
sunset and one-half hour before sunrise may be established by
administrative rule for fur-bearing mammals.
(z) It is unlawful to take any game bird (excluding wild
turkeys and crippled pheasants not capable of normal flight
and otherwise irretrievable) protected by this Act when not
flying. Nothing in this Section shall prohibit a person from
carrying an uncased, unloaded shotgun in a boat, while in
pursuit of a crippled migratory waterfowl that is incapable of
normal flight, for the purpose of attempting to reduce the
migratory waterfowl to possession, provided that the attempt
is made immediately upon downing the migratory waterfowl and
is done within 400 yards of the blind from which the migratory
waterfowl was downed. This exception shall apply only to
migratory game birds that are not capable of normal flight.

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Migratory waterfowl that are crippled may be taken only with a
shotgun as regulated by subsection (j) of this Section using
shotgun shells as regulated in subsection (k) of this Section.
(aa) It is unlawful to use or possess any device that may
be used for tree climbing or cutting while hunting fur-bearing
mammals, excluding coyotes. However, coyotes may not be hunted
utilizing these devices during open season for deer except by
properly licensed deer hunters.
(bb) It is unlawful for any person, except licensed game
breeders, pursuant to Section 2.29 to import, carry into, or
possess alive in this State any species of wildlife taken
outside of this State, without obtaining permission to do so
from the Director.
(cc) It is unlawful for any person to have in his or her
possession any freshly killed species protected by this Act
during the season closed for taking.
(dd) It is unlawful to take any species protected by this
Act and retain it alive except as provided by administrative
rule.
(ee) It is unlawful to possess any rifle while in the field
during gun deer season except as provided in Sections 2.25 and
2.26 and administrative rules.
(ff) It is unlawful for any person to take any species
protected by this Act, except migratory waterfowl, during the
gun deer hunting season in those counties open to gun deer
hunting, unless he or she wears, when in the field, a cap and

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upper outer garment of a solid blaze orange color or solid
blaze pink color, with such articles of clothing displaying a
minimum of 400 square inches of blaze orange or solid blaze
pink color material.
(gg) It is unlawful during the upland game season for any
person to take upland game with a firearm unless he or she
wears, while in the field, a cap of solid blaze orange color or
solid blaze pink color. For purposes of this Act, upland game
is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
Pheasant, Eastern Cottontail, and Swamp Rabbit.
(hh) It shall be unlawful to kill or cripple any species
protected by this Act for which there is a bag limit without
making a reasonable effort to retrieve such species and
include such in the bag limit. It shall be unlawful for any
person having control over harvested game mammals, game birds,
or migratory game birds for which there is a bag limit to
wantonly waste or destroy the usable meat of the game, except
this shall not apply to wildlife taken under Sections 2.37 or
3.22 of this Code. For purposes of this subsection, "usable
meat" means the breast meat of a game bird or migratory game
bird and the hind ham and front shoulders of a game mammal. It
shall be unlawful for any person to place, leave, dump, or
abandon a wildlife carcass or parts of it along or upon a
public right-of-way or highway or on public or private
property, including a waterway or stream, without the
permission of the owner or tenant. It shall not be unlawful to

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discard game meat that is determined to be unfit for human
consumption.
(ii) This Section shall apply only to those species
protected by this Act taken within the State. Any species or
any parts thereof, legally taken in and transported from other
states or countries, may be possessed within the State, except
as provided in this Section and Sections 2.35, 2.36, and 3.21.
(jj) (Blank).
(kk) Nothing contained in this Section shall prohibit the
Director from issuing permits to paraplegics or to other
persons with disabilities who meet the requirements set forth
in administrative rule to shoot or hunt from a vehicle as
provided by that rule, provided that such is otherwise in
accord with this Act.
(ll) Nothing contained in this Act shall prohibit the
taking of aquatic life protected by the Fish and Aquatic Life
Code or birds and mammals protected by this Act, except deer
and fur-bearing mammals, from a boat not camouflaged or
disguised to alter its identity or to further provide a place
of concealment and not propelled by sail or mechanical power.
However, only shotguns not larger than 10 gauge nor smaller
than .410 bore loaded with not more than 3 shells of a shot
size no larger than lead BB or steel T (.20 diameter) may be
used to take species protected by this Act.
(mm) Nothing contained in this Act shall prohibit the use
of a shotgun, not larger than 10 gauge nor smaller than a 20

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