101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB2783

Introduced , by Rep. Andrew S. Chesney

SYNOPSIS AS INTRODUCED:

`520 ILCS 5/1.2m-0.5 new`
`520 ILCS 5/2.25`	`from Ch. 61, par. 2.25`
`520 ILCS 5/2.26`	`from Ch. 61, par. 2.26`
`520 ILCS 5/2.32a new`
`520 ILCS 5/2.33`	`from Ch. 61, par. 2.33`

Amends the Wildlife Code. Permits hunting with a rifle for the taking of deer. Provides that rifle hunting permits issued by the Department of Natural Resources shall be approved by county ordinance. Provides that notwithstanding any provision of the Code, it is unlawful to take a deer with a rifle in a county of the State with a population of 500,000 or more. Defines "rifle" as any firearm designed, made, or adapted to be fired from the shoulder that uses the energy of an explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger.

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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

5 Sections 2.6, 2.7, 2.11, 2.13, 2.25, 2.26, 2.27, 2.28, and 2.33

6 and by adding Sections 1.2m-0.5 and 2.32a as 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 include any centerfire handguns of .30 caliber or larger with a

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1 minimum barrel length of 4 inches. The only legal ammunition

2 for a centerfire handgun is a cartridge of .30 caliber or

3 larger with a capability of at least 500 foot pounds of energy

4 at the muzzle. Full metal jacket bullets may not be used to

5 harvest deer.

6 The Department shall make administrative rules concerning

7 management restrictions applicable to the firearm and bow and

8 arrow season.

9 It shall be unlawful for any person to take deer except

10 with a bow and arrow during the open season for bow and arrow

11 set annually by the Director between the dates of September 1st

12 and January 31st, both inclusive.

13 It shall be unlawful for any person to take deer except

14 with:(i) a muzzleloading rifle; ~~or~~ (ii) bow and arrow; or

15 (iii) rifleduring the open season for muzzleloading rifles set

16 annually by the Director.

17 The Director shall cause an administrative rule setting

18 forth the prescribed rules and regulations, including bag and

19 possession limits and those counties of the State where open

20 seasons are established, to be published in accordance with

21 Sections 1.3 and 1.13 of this Act.

22 The Department may establish separate harvest periods for

23 the purpose of managing or eradicating disease that has been

24 found in the deer herd. This season shall be restricted to gun

25 or bow and arrow hunting only. The Department shall publicly

26 announce, via statewide news release, the season dates and

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1 shooting hours, the counties and sites open to hunting, permit

2 requirements, application dates, hunting rules, legal weapons,

3 and reporting requirements.

4 The Department is authorized to establish a separate

5 harvest period at specific sites within the State for the

6 purpose of harvesting surplus deer that cannot be taken during

7 the regular season provided for the taking of deer. This season

8 shall be restricted to gun or bow and arrow hunting only and

9 shall be established during the period of September 1st to

10 February 15th, both inclusive. The Department shall publish

11 suitable prescribed rules and regulations established by

12 administrative rule pertaining to management restrictions

13 applicable to this special harvest program. The Department

14 shall allow unused gun deer permits that are left over from a

15 regular season for the taking of deer to be rolled over and

16 used during any separate harvest period held within 6 months of

17 the season for which those tags were issued at no additional

18 cost to the permit holder subject to the management

19 restrictions applicable to the special harvest program.

20 (Source: P.A. 97-907, eff. 8-7-12; 98-368, eff. 8-16-13.)

21 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)

22 Sec. 2.26. Deer hunting permits. Any person attempting to

23 take deer shall first obtain a "Deer Hunting Permit" issued by

24 the Department in accordance with its administrative rules.

25 Those rules must provide for the issuance of the following

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1 types of resident deer archery permits: (i) a combination

2 permit, consisting of one either-sex permit and one

3 antlerless-only permit, (ii) a single antlerless-only permit,

4 and (iii) a single either-sex permit. The fee for a Deer

5 Hunting Permit to take deer with either bow and arrow or gun

6 shall not exceed $25.00 for residents of the State. The

7 Department may by administrative rule provide for non-resident

8 deer hunting permits for which the fee will not exceed $300 in

9 2005, $350 in 2006, and $400 in 2007 and thereafter except as

10 provided below for non-resident landowners and non-resident

11 archery hunters. The Department may by administrative rule

12 provide for a non-resident archery deer permit consisting of

13 not more than 2 harvest tags at a total cost not to exceed $325

14 in 2005, $375 in 2006, and $425 in 2007 and thereafter. The

15 fees for a youth resident and non-resident archery deer permit

16 shall be the same.

17 The standards and specifications for use of guns and bow

18 and arrow for deer hunting shall be established by

19 administrative rule.

20 No person may have in his or her possession any firearm not

21 authorized by administrative rule for a specific hunting season

22 when taking deer.

23 Persons having a firearm deer hunting permit shall be

24 permitted to take deer only during the period from 1/2 hour

25 before sunrise to 1/2 hour after sunset, and only during those

26 days for which an open season is established for the taking of

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1 deer by use of shotgun, handgun, rifle, or muzzleloading ~~muzzle~~

2 ~~loading~~rifle.

3 Persons having an archery deer hunting permit shall be

4 permitted to take deer only during the period from 1/2 hour

5 before sunrise to 1/2 hour after sunset, and only during those

6 days for which an open season is established for the taking of

7 deer by use of bow and arrow.

8 It shall be unlawful for any person to take deer by use of

9 dogs, horses, automobiles, aircraft or other vehicles, or by

10 the use or aid of bait or baiting of any kind. For the purposes

11 of this Section, "bait" means any material, whether liquid or

12 solid, including food, salt, minerals, and other products,

13 except pure water, that can be ingested, placed, or scattered

14 in such a manner as to attract or lure white-tailed deer.

15 "Baiting" means the placement or scattering of bait to attract

16 deer. An area is considered as baited during the presence of

17 and for 10 consecutive days following the removal of bait.

18 Nothing in this Section shall prohibit the use of a dog to

19 track wounded deer. Any person using a dog for tracking wounded

20 deer must maintain physical control of the dog at all times by

21 means of a maximum 50 foot lead attached to the dog's collar or

22 harness. Tracking wounded deer is permissible at night, but at

23 no time outside of legal deer hunting hours or seasons shall

24 any person handling or accompanying a dog being used for

25 tracking wounded deer be in possession of any firearm or

26 archery device. Persons tracking wounded deer with a dog during

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1 the firearm deer seasons shall wear blaze orange or solid blaze

2 pink color as required. Dog handlers tracking wounded deer with

3 a dog are exempt from hunting license and deer permit

4 requirements so long as they are accompanied by the licensed

5 deer hunter who wounded the deer.

6 It shall be unlawful to possess or transport any wild deer

7 which has been injured or killed in any manner upon a public

8 highway or public right-of-way of this State unless exempted by

9 administrative rule.

10 Persons hunting deer must have gun unloaded and no bow and

11 arrow device shall be carried with the arrow in the nocked

12 position during hours when deer hunting is unlawful.

13 It shall be unlawful for any person, having taken the legal

14 limit of deer by gun, to further participate with gun in any

15 deer hunting party.

16 It shall be unlawful for any person, having taken the legal

17 limit of deer by bow and arrow, to further participate with bow

18 and arrow in any deer hunting party.

19 The Department may prohibit upland game hunting during the

20 gun deer season by administrative rule.

21 The Department shall not limit the number of non-resident,

22 either-sex archery deer hunting permits to less than 20,000.

23 Any person who violates any of the provisions of this

24 Section, including administrative rules, shall be guilty of a

25 Class B misdemeanor.

26 For the purposes of calculating acreage under this Section,

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1 the Department shall, after determining the total acreage of

2 the applicable tract or tracts of land, round remaining

3 fractional portions of an acre greater than or equal to half of

4 an acre up to the next whole acre.

5 For the purposes of taking white-tailed deer, nothing in

6 this Section shall be construed to prevent the manipulation,

7 including mowing or cutting, of standing crops as a normal

8 agricultural or soil stabilization practice, food plots, or

9 normal agricultural practices, including planting, harvesting,

10 and maintenance such as cultivating or the use of products

11 designed for scent only and not capable of ingestion, solid or

12 liquid, placed or scattered, in such a manner as to attract or

13 lure deer. Such manipulation for the purpose of taking

14 white-tailed deer may be further modified by administrative

15 rule.

16 (Source: P.A. 99-642, eff. 7-28-16; 99-869, eff. 1-1-17;

17 100-691, eff. 1-1-19; 100-949, eff. 1-1-19; revised 10-9-18.)

18 (520 ILCS 5/2.32a new)

19 Sec. 2.32a. Rifle hunting requirements. Rifle hunting

20 permits issued by the Department shall be approved by county

21 ordinance. Notwithstanding any provision of this Code to the

22 contrary, it is unlawful to take a deer with a rifle in a

23 county of this State with a population of 500,000 or more.

24 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)

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1 Sec. 2.33. Prohibitions.

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

3 refuge unless otherwise permitted by administrative rule.

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

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

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

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

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

9 located underwater at all times.

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

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

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

13 other gases to dislodge or remove such mammal except as

14 provided in Section 2.37.

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

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

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

18 mammals from their dens or hiding places.

19 (e) (Blank).

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

21 device to take any species protected by this Act.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

10 fox, gray fox, raccoon, bobcat, and coyote may be taken during

11 the open season by use of a small light which is worn on the

12 body or hand-held by a person on foot and not in any vehicle.

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

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

15 by this Act.

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

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

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

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

20 wild game birds, migratory waterfowl or migratory game birds

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

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

23 (l) or administrative rule.

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

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

26 loaded with slugs unless otherwise provided for by

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1 administrative rule.

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

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

4 on game breeding and hunting preserve areas licensed under

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

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

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

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

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

10 a one piece plug that is irremovable without dismantling the

11 shotgun or otherwise altered to render it incapable of holding

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

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

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

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

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

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

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

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

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

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

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

23 otherwise made inoperable.

24 (o) (Blank).

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

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

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1 airgun.

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

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

4 frozen waters.

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

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

7 highway in this State.

8 (s) It is unlawful to use a silencer or other device to

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

10 from the firing of any gun.

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

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

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

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

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

16 any wildlife physically on or flying over the property of

17 another without first obtaining permission from the owner or

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

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

20 written authorization and the authorization must contain (i)

21 the legal or common description of property for such authority

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

23 authorized to make decisions regarding who is allowed to take

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

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

26 this Section the law enforcement officer must have received

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

2 this Section. Statements made to the law enforcement officer

3 regarding this notice shall not be rendered inadmissible by the

4 hearsay rule when offered for the purpose of showing the

5 required notice.

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

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

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

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

10 without first obtaining permission from the owner or tenant,

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

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

13 shotgun using shot shells only, or providing outfitting

14 services under a waterfowl outfitter permit, or on licensed

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

16 3.27, on federally owned and managed lands and on Department

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

18 restriction shall apply.

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

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

21 owned by another person without written authorization of the

22 owner to do so.

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

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

25 except that nothing in this Section shall prohibit the tracking

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

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1 Section 2.26 of this Code.

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

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

4 personal property on the land of another while engaged in

5 hunting or trapping thereon.

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

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

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

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

10 administrative rule for fur-bearing mammals.

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

12 turkeys and crippled pheasants not capable of normal flight and

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

14 Nothing in this Section shall prohibit a person from carrying

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

16 crippled migratory waterfowl that is incapable of normal

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

18 waterfowl to possession, provided that the attempt is made

19 immediately upon downing the migratory waterfowl and is done

20 within 400 yards of the blind from which the migratory

21 waterfowl was downed. This exception shall apply only to

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

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

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

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

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

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

2 mammals, excluding coyotes.

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

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

5 possess alive in this State any species of wildlife taken

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

7 from the Director.

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

9 possession any freshly killed species protected by this Act

10 during the season closed for taking.

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

12 Act and retain it alive except as provided by administrative

13 rule.

14 (ee) (Blank). ~~It is unlawful to possess any rifle while in~~

15 ~~the field during gun deer season except as provided in Section~~

16 ~~2.26 and administrative rules.~~

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

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

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

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

21 upper outer garment of a solid blaze orange color or solid

22 blaze pink color, with such articles of clothing displaying a

23 minimum of 400 square inches of blaze orange or solid blaze

24 pink color material.

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

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

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1 wears, while in the field, a cap of solid blaze orange color or

2 solid blaze pink color. For purposes of this Act, upland game

3 is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked

4 Pheasant, Eastern Cottontail and Swamp Rabbit.

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

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

7 making a reasonable effort to retrieve such species and include

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

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

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

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

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

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

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

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

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

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

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

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

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

21 to be unfit for human consumption.

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

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

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

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

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

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1 (jj) (Blank).

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

3 Director from issuing permits to paraplegics or to other

4 persons with disabilities who meet the requirements set forth

5 in administrative rule to shoot or hunt from a vehicle as

6 provided by that rule, provided that such is otherwise in

7 accord with this Act.

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

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

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

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

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

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

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

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

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

17 used to take species protected by this Act.

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

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

20 gauge, with a rifled barrel.

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

22 wildlife or wildlife parts taken unlawfully in Illinois, any

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

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

25 of this subsection, the statute of limitations for unlawful

26 possession of wildlife or wildlife parts shall not cease until

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1 2 years after the possession has permanently ended.

2 (Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,

3 eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. 1-1-19.)