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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
5		Sections 2.25, 2.26, and 2.33 and by adding Section 1.2m-0.5 as
6		follows:
7		(520 ILCS 5/1.2m-0.5 new)
8		Sec. 1.2m-0.5. Rifle. "Rifle" means any firearm designed,
9		made, or adapted to be fired from the shoulder that uses the
10		energy of an explosive in a fixed metallic cartridge to fire a
11		projectile through a rifled bore by a single function of the
12		trigger.
13		(520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
14		Sec. 2.25. It shall be unlawful for any person to take deer
15		except: (i) with a shotgun, handgun, rifle, or muzzleloading
16		rifle; or (ii) as provided by administrative rule, with a bow
17		and arrow, during the open season of not more than 14 days
18		which will be set annually by the Director between the dates of
19		November 1st and December 31st, both inclusive, or a special
20		3-day, youth-only season between the dates of September 1 and
21		October 31. For the purposes of this Section, legal handguns
22		and rifles include any bottleneck centerfire cartridge

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1		handguns of .30 caliber or larger with a case length not
2		exceeding 1.4 inches or any straight walled minimum barrel
3		length of 4 inches. The only legal ammunition for a centerfire
4		handgun is a cartridge of .30 caliber or larger both of which
5		must be available as a load with the published ballistic tables
6		of the manufacturer showing a with a capability of at least 500
7		foot pounds of energy at the muzzle. The barrel of a handgun
8		shall be at least 4 inches. Full metal jacket bullets may not
9		be used to harvest deer.
10		The Department shall make administrative rules concerning
11		management restrictions applicable to the firearm and bow and
12		arrow season.
13		It shall be unlawful for any person to take deer except
14		with a bow and arrow during the open season for bow and arrow
15		set annually by the Director between the dates of September 1st
16		and January 31st, both inclusive.
17		It shall be unlawful for any person to take deer except
18		with: (i) a muzzleloading rifle; or (ii) bow and arrow during
19		the open season for muzzleloading rifles set annually by the
20		Director.
21		The Director shall cause an administrative rule setting
22		forth the prescribed rules and regulations, including bag and
23		possession limits and those counties of the State where open
24		seasons are established, to be published in accordance with
25		Sections 1.3 and 1.13 of this Act.
26		The Department may establish separate harvest periods for

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1		the purpose of managing or eradicating disease that has been
2		found in the deer herd. This season shall be restricted to gun
3		or bow and arrow hunting only. The Department shall publicly
4		announce, via statewide news release, the season dates and
5		shooting hours, the counties and sites open to hunting, permit
6		requirements, application dates, hunting rules, legal weapons,
7		and reporting requirements.
8		The Department is authorized to establish a separate
9		harvest period at specific sites within the State for the
10		purpose of harvesting surplus deer that cannot be taken during
11		the regular season provided for the taking of deer. This season
12		shall be restricted to gun or bow and arrow hunting only and
13		shall be established during the period of September 1st to
14		February 15th, both inclusive. The Department shall publish
15		suitable prescribed rules and regulations established by
16		administrative rule pertaining to management restrictions
17		applicable to this special harvest program. The Department
18		shall allow unused gun deer permits that are left over from a
19		regular season for the taking of deer to be rolled over and
20		used during any separate harvest period held within 6 months of
21		the season for which those tags were issued at no additional
22		cost to the permit holder subject to the management
23		restrictions applicable to the special harvest program.
24		(Source: P.A. 97-907, eff. 8-7-12; 98-368, eff. 8-16-13.)
25		(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)

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1		Sec. 2.26. Deer hunting permits. Any person attempting to
2		take deer shall first obtain a "Deer Hunting Permit" issued by
3		the Department in accordance with its administrative rules.
4		Those rules must provide for the issuance of the following
5		types of resident deer archery permits: (i) a combination
6		permit, consisting of one either-sex permit and one
7		antlerless-only permit, (ii) a single antlerless-only permit,
8		and (iii) a single either-sex permit. The fee for a Deer
9		Hunting Permit to take deer with either bow and arrow or gun
10		shall not exceed $25.00 for residents of the State. The
11		Department may by administrative rule provide for non-resident
12		deer hunting permits for which the fee will not exceed $300 in
13		2005, $350 in 2006, and $400 in 2007 and thereafter except as
14		provided below for non-resident landowners and non-resident
15		archery hunters. The Department may by administrative rule
16		provide for a non-resident archery deer permit consisting of
17		not more than 2 harvest tags at a total cost not to exceed $325
18		in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
19		fees for a youth resident and non-resident archery deer permit
20		shall be the same.
21		The standards and specifications for use of guns and bow
22		and arrow for deer hunting shall be established by
23		administrative rule.
24		No person may have in his or her possession any firearm not
25		authorized by administrative rule for a specific hunting season
26		when taking deer.

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1		Persons having a firearm deer hunting permit shall be
2		permitted to take deer only during the period from 1/2 hour
3		before sunrise to 1/2 hour after sunset, and only during those
4		days for which an open season is established for the taking of
5		deer by use of shotgun, handgun, rifle, or muzzleloading muzzle
6		loading rifle.
7		Persons having an archery deer hunting permit shall be
8		permitted to take deer only during the period from 1/2 hour
9		before sunrise to 1/2 hour after sunset, and only during those
10		days for which an open season is established for the taking of
11		deer by use of bow and arrow.
12		It shall be unlawful for any person to take deer by use of
13		dogs, horses, automobiles, aircraft or other vehicles, or by
14		the use or aid of bait or baiting of any kind. For the purposes
15		of this Section, "bait" means any material, whether liquid or
16		solid, including food, salt, minerals, and other products,
17		except pure water, that can be ingested, placed, or scattered
18		in such a manner as to attract or lure white-tailed deer.
19		"Baiting" means the placement or scattering of bait to attract
20		deer. An area is considered as baited during the presence of
21		and for 10 consecutive days following the removal of bait.
22		Nothing in this Section shall prohibit the use of a dog to
23		track wounded deer. Any person using a dog for tracking wounded
24		deer must maintain physical control of the dog at all times by
25		means of a maximum 50 foot lead attached to the dog's collar or
26		harness. Tracking wounded deer is permissible at night, but at

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1		no time outside of legal deer hunting hours or seasons shall
2		any person handling or accompanying a dog being used for
3		tracking wounded deer be in possession of any firearm or
4		archery device. Persons tracking wounded deer with a dog during
5		the firearm deer seasons shall wear blaze orange or solid blaze
6		pink color as required. Dog handlers tracking wounded deer with
7		a dog are exempt from hunting license and deer permit
8		requirements so long as they are accompanied by the licensed
9		deer hunter who wounded the deer.
10		It shall be unlawful to possess or transport any wild deer
11		which has been injured or killed in any manner upon a public
12		highway or public right-of-way of this State unless exempted by
13		administrative rule.
14		Persons hunting deer must have gun unloaded and no bow and
15		arrow device shall be carried with the arrow in the nocked
16		position during hours when deer hunting is unlawful.
17		It shall be unlawful for any person, having taken the legal
18		limit of deer by gun, to further participate with gun in any
19		deer hunting party.
20		It shall be unlawful for any person, having taken the legal
21		limit of deer by bow and arrow, to further participate with bow
22		and arrow in any deer hunting party.
23		The Department may prohibit upland game hunting during the
24		gun deer season by administrative rule.
25		The Department shall not limit the number of non-resident,
26		either-sex archery deer hunting permits to less than 20,000.

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1		Any person who violates any of the provisions of this
2		Section, including administrative rules, shall be guilty of a
3		Class B misdemeanor.
4		For the purposes of calculating acreage under this Section,
5		the Department shall, after determining the total acreage of
6		the applicable tract or tracts of land, round remaining
7		fractional portions of an acre greater than or equal to half of
8		an acre up to the next whole acre.
9		For the purposes of taking white-tailed deer, nothing in
10		this Section shall be construed to prevent the manipulation,
11		including mowing or cutting, of standing crops as a normal
12		agricultural or soil stabilization practice, food plots, or
13		normal agricultural practices, including planting, harvesting,
14		and maintenance such as cultivating or the use of products
15		designed for scent only and not capable of ingestion, solid or
16		liquid, placed or scattered, in such a manner as to attract or
17		lure deer. Such manipulation for the purpose of taking
18		white-tailed deer may be further modified by administrative
19		rule.
20		(Source: P.A. 99-642, eff. 7-28-16; 99-869, eff. 1-1-17;
21		100-691, eff. 1-1-19; 100-949, eff. 1-1-19; revised 10-9-18.)
22		(520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
23		Sec. 2.33. Prohibitions.
24		(a) It is unlawful to carry or possess any gun in any State
25		refuge unless otherwise permitted by administrative rule.

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1		(b) It is unlawful to use or possess any snare or
2		snare-like device, deadfall, net, or pit trap to take any
3		species, except that snares not powered by springs or other
4		mechanical devices may be used to trap fur-bearing mammals, in
5		water sets only, if at least one-half of the snare noose is
6		located underwater at all times.
7		(c) It is unlawful for any person at any time to take a
8		wild mammal protected by this Act from its den by means of any
9		mechanical device, spade, or digging device or to use smoke or
10		other gases to dislodge or remove such mammal except as
11		provided in Section 2.37.
12		(d) It is unlawful to use a ferret or any other small
13		mammal which is used in the same or similar manner for which
14		ferrets are used for the purpose of frightening or driving any
15		mammals from their dens or hiding places.
16		(e) (Blank).
17		(f) It is unlawful to use spears, gigs, hooks or any like
18		device to take any species protected by this Act.
19		(g) It is unlawful to use poisons, chemicals or explosives
20		for the purpose of taking any species protected by this Act.
21		(h) It is unlawful to hunt adjacent to or near any peat,
22		grass, brush or other inflammable substance when it is burning.
23		(i) It is unlawful to take, pursue or intentionally harass
24		or disturb in any manner any wild birds or mammals by use or
25		aid of any vehicle or conveyance, except as permitted by the
26		Code of Federal Regulations for the taking of waterfowl. It is

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1		also unlawful to use the lights of any vehicle or conveyance or
2		any light from or any light connected to the vehicle or
3		conveyance in any area where wildlife may be found except in
4		accordance with Section 2.37 of this Act; however, nothing in
5		this Section shall prohibit the normal use of headlamps for the
6		purpose of driving upon a roadway. Striped skunk, opossum, red
7		fox, gray fox, raccoon, bobcat, and coyote may be taken during
8		the open season by use of a small light which is worn on the
9		body or hand-held by a person on foot and not in any vehicle.
10		(j) It is unlawful to use any shotgun larger than 10 gauge
11		while taking or attempting to take any of the species protected
12		by this Act.
13		(k) It is unlawful to use or possess in the field any
14		shotgun shell loaded with a shot size larger than lead BB or
15		steel T (.20 diameter) when taking or attempting to take any
16		species of wild game mammals (excluding white-tailed deer),
17		wild game birds, migratory waterfowl or migratory game birds
18		protected by this Act, except white-tailed deer as provided for
19		in Section 2.26 and other species as provided for by subsection
20		(l) or administrative rule.
21		(l) It is unlawful to take any species of wild game, except
22		white-tailed deer and fur-bearing mammals, with a shotgun
23		loaded with slugs unless otherwise provided for by
24		administrative rule.
25		(m) It is unlawful to use any shotgun capable of holding
26		more than 3 shells in the magazine or chamber combined, except

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1		on game breeding and hunting preserve areas licensed under
2		Section 3.27 and except as permitted by the Code of Federal
3		Regulations for the taking of waterfowl. If the shotgun is
4		capable of holding more than 3 shells, it shall, while being
5		used on an area other than a game breeding and shooting
6		preserve area licensed pursuant to Section 3.27, be fitted with
7		a one piece plug that is irremovable without dismantling the
8		shotgun or otherwise altered to render it incapable of holding
9		more than 3 shells in the magazine and chamber, combined.
10		(n) It is unlawful for any person, except persons who
11		possess a permit to hunt from a vehicle as provided in this
12		Section and persons otherwise permitted by law, to have or
13		carry any gun in or on any vehicle, conveyance or aircraft,
14		unless such gun is unloaded and enclosed in a case, except that
15		at field trials authorized by Section 2.34 of this Act,
16		unloaded guns or guns loaded with blank cartridges only, may be
17		carried on horseback while not contained in a case, or to have
18		or carry any bow or arrow device in or on any vehicle unless
19		such bow or arrow device is unstrung or enclosed in a case, or
20		otherwise made inoperable.
21		(o) (Blank).
22		(p) It is unlawful to take game birds, migratory game birds
23		or migratory waterfowl with a rifle, pistol, revolver or
24		airgun.
25		(q) It is unlawful to fire a rifle, pistol, revolver or
26		airgun on, over or into any waters of this State, including

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1		frozen waters.
2		(r) It is unlawful to discharge any gun or bow and arrow
3		device along, upon, across, or from any public right-of-way or
4		highway in this State.
5		(s) It is unlawful to use a silencer or other device to
6		muffle or mute the sound of the explosion or report resulting
7		from the firing of any gun.
8		(t) It is unlawful for any person to take or attempt to
9		take any species of wildlife or parts thereof, intentionally or
10		wantonly allow a dog to hunt, within or upon the land of
11		another, or upon waters flowing over or standing on the land of
12		another, or to knowingly shoot a gun or bow and arrow device at
13		any wildlife physically on or flying over the property of
14		another without first obtaining permission from the owner or
15		the owner's designee. For the purposes of this Section, the
16		owner's designee means anyone who the owner designates in a
17		written authorization and the authorization must contain (i)
18		the legal or common description of property for such authority
19		is given, (ii) the extent that the owner's designee is
20		authorized to make decisions regarding who is allowed to take
21		or attempt to take any species of wildlife or parts thereof,
22		and (iii) the owner's notarized signature. Before enforcing
23		this Section the law enforcement officer must have received
24		notice from the owner or the owner's designee of a violation of
25		this Section. Statements made to the law enforcement officer
26		regarding this notice shall not be rendered inadmissible by the

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1		hearsay rule when offered for the purpose of showing the
2		required notice.
3		(u) It is unlawful for any person to discharge any firearm
4		for the purpose of taking any of the species protected by this
5		Act, or hunt with gun or dog, or intentionally or wantonly
6		allow a dog to hunt, within 300 yards of an inhabited dwelling
7		without first obtaining permission from the owner or tenant,
8		except that while trapping, hunting with bow and arrow, hunting
9		with dog and shotgun using shot shells only, or hunting with
10		shotgun using shot shells only, or providing outfitting
11		services under a waterfowl outfitter permit, or on licensed
12		game breeding and hunting preserve areas, as defined in Section
13		3.27, on federally owned and managed lands and on Department
14		owned, managed, leased, or controlled lands, a 100 yard
15		restriction shall apply.
16		(v) It is unlawful for any person to remove fur-bearing
17		mammals from, or to move or disturb in any manner, the traps
18		owned by another person without written authorization of the
19		owner to do so.
20		(w) It is unlawful for any owner of a dog to knowingly or
21		wantonly allow his or her dog to pursue, harass or kill deer,
22		except that nothing in this Section shall prohibit the tracking
23		of wounded deer with a dog in accordance with the provisions of
24		Section 2.26 of this Code.
25		(x) It is unlawful for any person to wantonly or carelessly
26		injure or destroy, in any manner whatsoever, any real or

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1		personal property on the land of another while engaged in
2		hunting or trapping thereon.
3		(y) It is unlawful to hunt wild game protected by this Act
4		between one half hour after sunset and one half hour before
5		sunrise, except that hunting hours between one half hour after
6		sunset and one half hour before sunrise may be established by
7		administrative rule for fur-bearing mammals.
8		(z) It is unlawful to take any game bird (excluding wild
9		turkeys and crippled pheasants not capable of normal flight and
10		otherwise irretrievable) protected by this Act when not flying.
11		Nothing in this Section shall prohibit a person from carrying
12		an uncased, unloaded shotgun in a boat, while in pursuit of a
13		crippled migratory waterfowl that is incapable of normal
14		flight, for the purpose of attempting to reduce the migratory
15		waterfowl to possession, provided that the attempt is made
16		immediately upon downing the migratory waterfowl and is done
17		within 400 yards of the blind from which the migratory
18		waterfowl was downed. This exception shall apply only to
19		migratory game birds that are not capable of normal flight.
20		Migratory waterfowl that are crippled may be taken only with a
21		shotgun as regulated by subsection (j) of this Section using
22		shotgun shells as regulated in subsection (k) of this Section.
23		(aa) It is unlawful to use or possess any device that may
24		be used for tree climbing or cutting, while hunting fur-bearing
25		mammals, excluding coyotes.
26		(bb) It is unlawful for any person, except licensed game

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1		breeders, pursuant to Section 2.29 to import, carry into, or
2		possess alive in this State any species of wildlife taken
3		outside of this State, without obtaining permission to do so
4		from the Director.
5		(cc) It is unlawful for any person to have in his or her
6		possession any freshly killed species protected by this Act
7		during the season closed for taking.
8		(dd) It is unlawful to take any species protected by this
9		Act and retain it alive except as provided by administrative
10		rule.
11		(ee) (Blank). It is unlawful to possess any rifle while in
12		the field during gun deer season except as provided in Section
13		2.26 and administrative rules.
14		(ff) It is unlawful for any person to take any species
15		protected by this Act, except migratory waterfowl, during the
16		gun deer hunting season in those counties open to gun deer
17		hunting, unless he or she wears, when in the field, a cap and
18		upper outer garment of a solid blaze orange color or solid
19		blaze pink color, with such articles of clothing displaying a
20		minimum of 400 square inches of blaze orange or solid blaze
21		pink color material.
22		(gg) It is unlawful during the upland game season for any
23		person to take upland game with a firearm unless he or she
24		wears, while in the field, a cap of solid blaze orange color or
25		solid blaze pink color. For purposes of this Act, upland game
26		is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked

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1		Pheasant, Eastern Cottontail and Swamp Rabbit.
2		(hh) It shall be unlawful to kill or cripple any species
3		protected by this Act for which there is a bag limit without
4		making a reasonable effort to retrieve such species and include
5		such in the bag limit. It shall be unlawful for any person
6		having control over harvested game mammals, game birds, or
7		migratory game birds for which there is a bag limit to wantonly
8		waste or destroy the usable meat of the game, except this shall
9		not apply to wildlife taken under Sections 2.37 or 3.22 of this
10		Code. For purposes of this subsection, "usable meat" means the
11		breast meat of a game bird or migratory game bird and the hind
12		ham and front shoulders of a game mammal. It shall be unlawful
13		for any person to place, leave, dump, or abandon a wildlife
14		carcass or parts of it along or upon a public right-of-way or
15		highway or on public or private property, including a waterway
16		or stream, without the permission of the owner or tenant. It
17		shall not be unlawful to discard game meat that is determined
18		to be unfit for human consumption.
19		(ii) This Section shall apply only to those species
20		protected by this Act taken within the State. Any species or
21		any parts thereof, legally taken in and transported from other
22		states or countries, may be possessed within the State, except
23		as provided in this Section and Sections 2.35, 2.36 and 3.21.
24		(jj) (Blank).
25		(kk) Nothing contained in this Section shall prohibit the
26		Director from issuing permits to paraplegics or to other

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1		persons with disabilities who meet the requirements set forth
2		in administrative rule to shoot or hunt from a vehicle as
3		provided by that rule, provided that such is otherwise in
4		accord with this Act.
5		(ll) Nothing contained in this Act shall prohibit the
6		taking of aquatic life protected by the Fish and Aquatic Life
7		Code or birds and mammals protected by this Act, except deer
8		and fur-bearing mammals, from a boat not camouflaged or
9		disguised to alter its identity or to further provide a place
10		of concealment and not propelled by sail or mechanical power.
11		However, only shotguns not larger than 10 gauge nor smaller
12		than .410 bore loaded with not more than 3 shells of a shot
13		size no larger than lead BB or steel T (.20 diameter) may be
14		used to take species protected by this Act.
15		(mm) Nothing contained in this Act shall prohibit the use
16		of a shotgun, not larger than 10 gauge nor smaller than a 20
17		gauge, with a rifled barrel.
18		(nn) It shall be unlawful to possess any species of
19		wildlife or wildlife parts taken unlawfully in Illinois, any
20		other state, or any other country, whether or not the wildlife
21		or wildlife parts is indigenous to Illinois. For the purposes
22		of this subsection, the statute of limitations for unlawful
23		possession of wildlife or wildlife parts shall not cease until
24		2 years after the possession has permanently ended.
25		(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
26		eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. 1-1-19.)