99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB0433

Introduced , by Rep. Brandon W. Phelps

SYNOPSIS AS INTRODUCED:

`520 ILCS 5/2.33`	`from Ch. 61, par. 2.33`
`520 ILCS 5/2.33-2 new`

Amends the Wildlife Code. Removes a prohibition on the use of a

silencer or other device to muffle or
mute the sound of the explosion or

report resulting from the firing of
any gun. Provides that no person shall,

carry, possess, transport or use a silencer, suppressor or other device to muffle or mute the sound of the explosion or report resulting from the firing of any gun for the taking of game, unless such silencer, suppressor, or device is in compliance with the National Firearms Act. Any game animal regulated under this Act may be taken within its season with a silencer, suppressor, or device to muffle or mute the sound of the explosion or report resulting from the firing of any gun. A silencer, suppressor, or device to muffle or mute the sound of the explosion or report resulting from the firing of any gun may be used when taking wildlife in accordance with a specified provision concerning the authority to kill wildlife responsible for damage. Effective immediately.

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A BILL FOR

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1 AN ACT concerning wildlife.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Wildlife Code is amended by changing Section

5 2.33 and by adding Section 2.33-2 as follows:

6 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)

7 Sec. 2.33. Prohibitions.

8 (a) It is unlawful to carry or possess any gun in any State

9 refuge unless otherwise permitted by administrative rule.

10 (b) It is unlawful to use or possess any snare or

11 snare-like device, deadfall, net, or pit trap to take any

12 species, except that snares not powered by springs or other

13 mechanical devices may be used to trap fur-bearing mammals, in

14 water sets only, if at least one-half of the snare noose is

15 located underwater at all times.

16 (c) It is unlawful for any person at any time to take a

17 wild mammal protected by this Act from its den by means of any

18 mechanical device, spade, or digging device or to use smoke or

19 other gases to dislodge or remove such mammal except as

20 provided in Section 2.37.

21 (d) It is unlawful to use a ferret or any other small

22 mammal which is used in the same or similar manner for which

23 ferrets are used for the purpose of frightening or driving any

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1 mammals from their dens or hiding places.

2 (e) (Blank).

3 (f) It is unlawful to use spears, gigs, hooks or any like

4 device to take any species protected by this Act.

5 (g) It is unlawful to use poisons, chemicals or explosives

6 for the purpose of taking any species protected by this Act.

7 (h) It is unlawful to hunt adjacent to or near any peat,

8 grass, brush or other inflammable substance when it is burning.

9 (i) It is unlawful to take, pursue or intentionally harass

10 or disturb in any manner any wild birds or mammals by use or

11 aid of any vehicle or conveyance, except as permitted by the

12 Code of Federal Regulations for the taking of waterfowl. It is

13 also unlawful to use the lights of any vehicle or conveyance or

14 any light from or any light connected to the vehicle or

15 conveyance in any area where wildlife may be found except in

16 accordance with Section 2.37 of this Act; however, nothing in

17 this Section shall prohibit the normal use of headlamps for the

18 purpose of driving upon a roadway. Striped skunk, opossum, red

19 fox, gray fox, raccoon and coyote may be taken during the open

20 season by use of a small light which is worn on the body or

21 hand-held by a person on foot and not in any vehicle.

22 (j) It is unlawful to use any shotgun larger than 10 gauge

23 while taking or attempting to take any of the species protected

24 by this Act.

25 (k) It is unlawful to use or possess in the field any

26 shotgun shell loaded with a shot size larger than lead BB or

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1 steel T (.20 diameter) when taking or attempting to take any

2 species of wild game mammals (excluding white-tailed deer),

3 wild game birds, migratory waterfowl or migratory game birds

4 protected by this Act, except white-tailed deer as provided for

5 in Section 2.26 and other species as provided for by subsection

6 (l) or administrative rule.

7 (l) It is unlawful to take any species of wild game, except

8 white-tailed deer and fur-bearing mammals, with a shotgun

9 loaded with slugs unless otherwise provided for by

10 administrative rule.

11 (m) It is unlawful to use any shotgun capable of holding

12 more than 3 shells in the magazine or chamber combined, except

13 on game breeding and hunting preserve areas licensed under

14 Section 3.27 and except as permitted by the Code of Federal

15 Regulations for the taking of waterfowl. If the shotgun is

16 capable of holding more than 3 shells, it shall, while being

17 used on an area other than a game breeding and shooting

18 preserve area licensed pursuant to Section 3.27, be fitted with

19 a one piece plug that is irremovable without dismantling the

20 shotgun or otherwise altered to render it incapable of holding

21 more than 3 shells in the magazine and chamber, combined.

22 (n) It is unlawful for any person, except persons who

23 possess a permit to hunt from a vehicle as provided in this

24 Section and persons otherwise permitted by law, to have or

25 carry any gun in or on any vehicle, conveyance or aircraft,

26 unless such gun is unloaded and enclosed in a case, except that

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1 at field trials authorized by Section 2.34 of this Act,

2 unloaded guns or guns loaded with blank cartridges only, may be

3 carried on horseback while not contained in a case, or to have

4 or carry any bow or arrow device in or on any vehicle unless

5 such bow or arrow device is unstrung or enclosed in a case, or

6 otherwise made inoperable.

7 (o) It is unlawful to use any crossbow for the purpose of

8 taking any wild birds or mammals, except as provided for in

9 Section 2.5.

10 (p) It is unlawful to take game birds, migratory game birds

11 or migratory waterfowl with a rifle, pistol, revolver or

12 airgun.

13 (q) It is unlawful to fire a rifle, pistol, revolver or

14 airgun on, over or into any waters of this State, including

15 frozen waters.

16 (r) It is unlawful to discharge any gun or bow and arrow

17 device along, upon, across, or from any public right-of-way or

18 highway in this State.

19 (s) (Blank). ~~It is unlawful to use a silencer or other~~

20 ~~device to muffle or mute the sound of the explosion or report~~

21 ~~resulting from the firing of any gun.~~

22 (t) It is unlawful for any person to take or attempt to

23 take any species of wildlife or parts thereof, intentionally or

24 wantonly allow a dog to hunt, within or upon the land of

25 another, or upon waters flowing over or standing on the land of

26 another, or to knowingly shoot a gun or bow and arrow device at

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1 any wildlife physically on or flying over the property of

2 another without first obtaining permission from the owner or

3 the owner's designee. For the purposes of this Section, the

4 owner's designee means anyone who the owner designates in a

5 written authorization and the authorization must contain (i)

6 the legal or common description of property for such authority

7 is given, (ii) the extent that the owner's designee is

8 authorized to make decisions regarding who is allowed to take

9 or attempt to take any species of wildlife or parts thereof,

10 and (iii) the owner's notarized signature. Before enforcing

11 this Section the law enforcement officer must have received

12 notice from the owner or the owner's designee of a violation of

13 this Section. Statements made to the law enforcement officer

14 regarding this notice shall not be rendered inadmissible by the

15 hearsay rule when offered for the purpose of showing the

16 required notice.

17 (u) It is unlawful for any person to discharge any firearm

18 for the purpose of taking any of the species protected by this

19 Act, or hunt with gun or dog, or intentionally or wantonly

20 allow a dog to hunt, within 300 yards of an inhabited dwelling

21 without first obtaining permission from the owner or tenant,

22 except that while trapping, hunting with bow and arrow, hunting

23 with dog and shotgun using shot shells only, or hunting with

24 shotgun using shot shells only, or providing outfitting

25 services under a waterfowl outfitter permit, or on licensed

26 game breeding and hunting preserve areas, as defined in Section

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1 3.27, on federally owned and managed lands and on Department

2 owned, managed, leased, or controlled lands, a 100 yard

3 restriction shall apply.

4 (v) It is unlawful for any person to remove fur-bearing

5 mammals from, or to move or disturb in any manner, the traps

6 owned by another person without written authorization of the

7 owner to do so.

8 (w) It is unlawful for any owner of a dog to knowingly or

9 wantonly allow his or her dog to pursue, harass or kill deer,

10 except that nothing in this Section shall prohibit the tracking

11 of wounded deer with a dog in accordance with the provisions of

12 Section 2.26 of this Code.

13 (x) It is unlawful for any person to wantonly or carelessly

14 injure or destroy, in any manner whatsoever, any real or

15 personal property on the land of another while engaged in

16 hunting or trapping thereon.

17 (y) It is unlawful to hunt wild game protected by this Act

18 between one half hour after sunset and one half hour before

19 sunrise, except that hunting hours between one half hour after

20 sunset and one half hour before sunrise may be established by

21 administrative rule for fur-bearing mammals.

22 (z) It is unlawful to take any game bird (excluding wild

23 turkeys and crippled pheasants not capable of normal flight and

24 otherwise irretrievable) protected by this Act when not flying.

25 Nothing in this Section shall prohibit a person from carrying

26 an uncased, unloaded shotgun in a boat, while in pursuit of a

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1 crippled migratory waterfowl that is incapable of normal

2 flight, for the purpose of attempting to reduce the migratory

3 waterfowl to possession, provided that the attempt is made

4 immediately upon downing the migratory waterfowl and is done

5 within 400 yards of the blind from which the migratory

6 waterfowl was downed. This exception shall apply only to

7 migratory game birds that are not capable of normal flight.

8 Migratory waterfowl that are crippled may be taken only with a

9 shotgun as regulated by subsection (j) of this Section using

10 shotgun shells as regulated in subsection (k) of this Section.

11 (aa) It is unlawful to use or possess any device that may

12 be used for tree climbing or cutting, while hunting fur-bearing

13 mammals, excluding coyotes.

14 (bb) It is unlawful for any person, except licensed game

15 breeders, pursuant to Section 2.29 to import, carry into, or

16 possess alive in this State any species of wildlife taken

17 outside of this State, without obtaining permission to do so

18 from the Director.

19 (cc) It is unlawful for any person to have in his or her

20 possession any freshly killed species protected by this Act

21 during the season closed for taking.

22 (dd) It is unlawful to take any species protected by this

23 Act and retain it alive except as provided by administrative

24 rule.

25 (ee) It is unlawful to possess any rifle while in the field

26 during gun deer season except as provided in Section 2.26 and

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1 administrative rules.

2 (ff) It is unlawful for any person to take any species

3 protected by this Act, except migratory waterfowl, during the

4 gun deer hunting season in those counties open to gun deer

5 hunting, unless he or she wears, when in the field, a cap and

6 upper outer garment of a solid blaze orange color, with such

7 articles of clothing displaying a minimum of 400 square inches

8 of blaze orange material.

9 (gg) It is unlawful during the upland game season for any

10 person to take upland game with a firearm unless he or she

11 wears, while in the field, a cap of solid blaze orange color.

12 For purposes of this Act, upland game is defined as Bobwhite

13 Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern

14 Cottontail and Swamp Rabbit.

15 (hh) It shall be unlawful to kill or cripple any species

16 protected by this Act for which there is a bag limit without

17 making a reasonable effort to retrieve such species and include

18 such in the bag limit. It shall be unlawful for any person

19 having control over harvested game mammals, game birds, or

20 migratory game birds for which there is a bag limit to wantonly

21 waste or destroy the usable meat of the game, except this shall

22 not apply to wildlife taken under Sections 2.37 or 3.22 of this

23 Code. For purposes of this subsection, "usable meat" means the

24 breast meat of a game bird or migratory game bird and the hind

25 ham and front shoulders of a game mammal. It shall be unlawful

26 for any person to place, leave, dump, or abandon a wildlife

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1 carcass or parts of it along or upon a public right-of-way or

2 highway or on public or private property, including a waterway

3 or stream, without the permission of the owner or tenant. It

4 shall not be unlawful to discard game meat that is determined

5 to be unfit for human consumption.

6 (ii) This Section shall apply only to those species

7 protected by this Act taken within the State. Any species or

8 any parts thereof, legally taken in and transported from other

9 states or countries, may be possessed within the State, except

10 as provided in this Section and Sections 2.35, 2.36 and 3.21.

11 (jj) (Blank).

12 (kk) Nothing contained in this Section shall prohibit the

13 Director from issuing permits to paraplegics or to other

14 disabled persons who meet the requirements set forth in

15 administrative rule to shoot or hunt from a vehicle as provided

16 by that rule, provided that such is otherwise in accord with

17 this Act.

18 (ll) Nothing contained in this Act shall prohibit the

19 taking of aquatic life protected by the Fish and Aquatic Life

20 Code or birds and mammals protected by this Act, except deer

21 and fur-bearing mammals, from a boat not camouflaged or

22 disguised to alter its identity or to further provide a place

23 of concealment and not propelled by sail or mechanical power.

24 However, only shotguns not larger than 10 gauge nor smaller

25 than .410 bore loaded with not more than 3 shells of a shot

26 size no larger than lead BB or steel T (.20 diameter) may be

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1 used to take species protected by this Act.

2 (mm) Nothing contained in this Act shall prohibit the use

3 of a shotgun, not larger than 10 gauge nor smaller than a 20

4 gauge, with a rifled barrel.

5 (nn) It shall be unlawful to possess any species of

6 wildlife or wildlife parts taken unlawfully in Illinois, any

7 other state, or any other country, whether or not the wildlife

8 or wildlife parts is indigenous to Illinois. For the purposes

9 of this subsection, the statute of limitations for unlawful

10 possession of wildlife or wildlife parts shall not cease until

11 2 years after the possession has permanently ended.

12 (Source: P.A. 97-645, eff. 12-30-11; 97-907, eff. 8-7-12;

13 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183, eff. 1-1-14;

14 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914, eff.

15 1-1-15.)

16 (520 ILCS 5/2.33-2 new)

17 Sec. 2.33-2. Use of silencers.

18 (a) Notwithstanding any other provision of this Act, no

19 person shall, carry, possess, transport or use a silencer,

20 suppressor or other device to muffle or mute the sound of the

21 explosion or report resulting from the firing of any gun for

22 the taking of game, unless such silencer, suppressor, or device

23 is in compliance with the National Firearms Act.

24 (b) Any game animal regulated under this Act may be taken

25 within its season with a silencer, suppressor, or device to

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1 muffle or mute the sound of the explosion or report resulting

2 from the firing of any gun. A silencer, suppressor, or device

3 to muffle or mute the sound of the explosion or report

4 resulting from the firing of any gun may be used when taking

5 wildlife in accordance with Section 2.37 of this Act.

6 Section 99. Effective date. This Act takes effect upon

7 becoming law.