Rep. Andrew S. Chesney
Filed: 3/26/2019
 
 


 




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1
AMENDMENT TO HOUSE BILL 2783




2 AMENDMENT NO. ______. Amend House Bill 2783 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Wildlife Code is amended by changing 
5Sections 2.6, 2.7, 2.11, 2.13, 2.25, 2.26, 2.27, 2.28, and 2.33 
6and by adding Section 1.2m-0.5 as follows:

7 (520 ILCS 5/1.2m-0.5 new)
8 Sec. 1.2m-0.5. Rifle. "Rifle" means any firearm designed, 
9made, or adapted to be fired from the shoulder that uses the 
10energy of an explosive in a fixed metallic cartridge to fire a 
11projectile through a rifled bore by a single function of the 
12trigger.




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 
15except: (i) with
a shotgun, handgun, rifle, or muzzleloading 
 
 
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1rifle; or (ii) as provided by
administrative rule,
with a bow 
2and arrow, during the open season of not more than 14 days 
3which will
be set annually by the Director between the dates of

4November 1st and December 31st, both inclusive, or a special 
53-day, youth-only season between the dates of September 1 and 
6October 31.
For the purposes of this Section, legal handguns 
7and rifles include any bottleneck centerfire
cartridge 
8handguns of .30
caliber or larger with a case length not 
9exceeding 1.4 inches or any straight walled minimum barrel 
10length of 4 inches. The only legal
ammunition
for a centerfire 
11handgun is a cartridge of .30 caliber or larger both of which 
12must be available as a load with the published ballistic tables 
13of the manufacturer showing a with a
capability of at least
500 
14foot pounds of energy at the muzzle. The barrel of a handgun 
15shall be at least 4 inches. Full metal jacket bullets may not 
16be
used to
harvest deer.

17 The Department shall make administrative rules concerning 
18management
restrictions applicable to the firearm and bow and 
19arrow season.

20 It shall be unlawful for any person to take deer except 
21with a bow and
arrow during the open season for bow and arrow 
22set annually by the Director
between the dates of September 1st 
23and January 31st, both inclusive.

24 It shall be unlawful for any person to take deer except 
25with: (i) a
muzzleloading rifle; or (ii) bow and arrow during 
26the open season for
muzzleloading rifles set annually by the 
 
 
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1Director.

2 The Director shall cause an administrative rule setting 
3forth the
prescribed rules and regulations, including bag and 
4possession limits and
those counties of the State where open 
5seasons are established, to be
published in accordance with 
6Sections 1.3 and 1.13 of this Act.

7 The Department may establish separate harvest periods for 
8the purpose of
managing or eradicating disease that has been 
9found in the deer herd. This
season shall be restricted to gun 
10or bow and arrow hunting only. The Department
shall publicly 
11announce, via statewide news release, the season dates and

12shooting hours, the counties and sites open to hunting, permit 
13requirements,
application dates, hunting rules, legal weapons, 
14and reporting requirements.

15 The Department is authorized to establish a separate 
16harvest period at
specific sites within the State for the 
17purpose of harvesting
surplus deer that cannot be taken during 
18the regular season provided for
the taking of deer. This season 
19shall be restricted to gun or bow and
arrow hunting only and 
20shall be established during the period of September 1st
to 
21February 15th, both inclusive. The Department shall publish 
22suitable
prescribed rules and regulations established by 
23administrative rule pertaining
to management restrictions 
24applicable to this special harvest program. The Department 
25shall allow unused gun deer permits that are left over from a 
26regular season for the taking of deer to be rolled over and 
 
 
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1used during any separate harvest period held within 6 months of 
2the season for which those tags were issued at no additional 
3cost to the permit holder subject to the management 
4restrictions applicable to the special harvest program.


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




6 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)


7 Sec. 2.26. Deer hunting permits. Any person attempting to 
8take deer shall first obtain a "Deer
Hunting Permit" issued by 
9the Department in accordance with its administrative rules.

10Those rules must provide for the issuance of the following 
11types of resident deer archery permits: (i) a combination 
12permit, consisting of one either-sex permit and one 
13antlerless-only permit, (ii) a single antlerless-only permit, 
14and (iii) a single either-sex permit. The fee for a Deer 
15Hunting Permit to take deer with either bow and arrow or gun

16shall not exceed $25.00 for residents of the State. The 
17Department may by
administrative rule provide for non-resident 
18deer hunting permits for which the
fee will not exceed $300 in 
192005, $350 in 2006, and $400 in 2007 and thereafter except as 
20provided below for non-resident landowners
and non-resident 
21archery hunters. The Department may by
administrative rule 
22provide for a non-resident archery deer permit consisting
of 
23not more than 2 harvest tags at a total cost not to exceed $325 
24in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The 
25fees for a youth resident and non-resident archery deer permit 
 
 
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1shall be the same. 

2 The standards and specifications for use of guns and bow 
3and arrow for
deer hunting shall be established by 
4administrative rule.

5 No person may have in his or her possession any firearm not 
6authorized by
administrative rule for a specific hunting season 
7when taking deer.

8 Persons having a firearm deer hunting permit shall be 
9permitted to
take deer only during the period from 1/2 hour 
10before sunrise to
1/2 hour after sunset, and only during those 
11days for which an open season is
established for the taking of 
12deer by use of shotgun, handgun, rifle, or muzzleloading muzzle

13loading
rifle.

14 Persons having an archery deer hunting permit shall be 
15permitted to
take deer only during the period from 1/2 hour 
16before sunrise to 1/2 hour
after sunset, and only during those 
17days for which an open season is
established for the taking of 
18deer by use of bow and arrow.

19 It shall be unlawful for any person to take deer by use of 
20dogs,
horses, automobiles, aircraft or other vehicles, or by 
21the use
or aid of bait or baiting of any kind. For the purposes 
22of this Section, "bait" means any material, whether liquid or 
23solid, including food, salt, minerals, and other products, 
24except pure water, that can be ingested, placed, or scattered 
25in such a manner as to attract or lure white-tailed deer. 
26"Baiting" means the placement or scattering of bait to attract 
 
 
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1deer. An area is considered as baited during the presence
of 
2and for 10 consecutive days following the removal of bait. 
3Nothing in this Section shall prohibit the use of a dog to 
4track wounded deer. Any person using a dog for tracking wounded 
5deer must maintain physical control of the dog at all times by 
6means of a maximum 50 foot lead attached to the dog's collar or 
7harness. Tracking wounded deer is permissible at night, but at 
8no time outside of legal deer hunting hours or seasons shall 
9any person handling or accompanying a dog being used for 
10tracking wounded deer be in possession of any firearm or 
11archery device. Persons tracking wounded deer with a dog during 
12the firearm deer seasons shall wear blaze orange or solid blaze 
13pink color as required. Dog handlers tracking wounded deer with 
14a dog are exempt from hunting license and deer permit 
15requirements so long as they are accompanied by the licensed 
16deer hunter who wounded the deer.

17 It shall be unlawful to possess or transport any wild deer 
18which has
been injured or killed in any manner upon a public 
19highway or public
right-of-way of this State unless exempted by 
20administrative rule.

21 Persons hunting deer must have gun unloaded and no bow and 
22arrow
device shall be carried with the arrow in the nocked 
23position during
hours when deer hunting is unlawful.

24 It shall be unlawful for any person, having taken the legal 
25limit of
deer by gun, to further participate with gun in any 
26deer hunting party.

 
 
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1 It shall be unlawful for any person, having taken the legal 
2limit
of deer by bow and arrow, to further participate with bow 
3and arrow in any
deer hunting party.

4 The Department may prohibit upland game hunting during the 
5gun deer
season by administrative rule.

6 The Department shall not limit the number of non-resident, 
7either-sex archery deer hunting permits to less than 20,000.


8 Any person who violates any of the provisions of this 
9Section,
including administrative rules, shall be guilty of a 
10Class B misdemeanor.

11 For the purposes of calculating acreage under this Section, 
12the Department shall, after determining the total acreage of 
13the applicable tract or tracts of land, round remaining 
14fractional portions of an acre greater than or equal to half of 
15an acre up to the next whole acre. 
16 For the purposes of taking white-tailed deer, nothing in 
17this Section shall be construed to prevent the manipulation, 
18including mowing or cutting, of standing crops as a normal 
19agricultural or soil stabilization practice, food plots, or 
20normal agricultural practices, including planting, harvesting, 
21and maintenance such as cultivating or the use of products 
22designed for scent only and not capable of ingestion, solid or 
23liquid, placed or scattered, in such a manner as to attract or 
24lure deer. Such manipulation for the purpose of taking 
25white-tailed deer may be further modified by administrative 
26rule. 
 
 
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1(Source: P.A. 99-642, eff. 7-28-16; 99-869, eff. 1-1-17; 
2100-691, eff. 1-1-19; 100-949, eff. 1-1-19; revised 10-9-18.)




3 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)



4 Sec. 2.33. Prohibitions. 

5 (a) It is unlawful to carry or possess any gun in any
State 
6refuge unless otherwise permitted by administrative rule.

7 (b) It is unlawful to use or possess any snare or 
8snare-like device,
deadfall, net, or pit trap to take any 
9species, except that snares not
powered by springs or other 
10mechanical devices may be used to trap
fur-bearing mammals, in 
11water sets only, if at least one-half of the snare
noose is 
12located underwater at all times.

13 (c) It is unlawful for any person at any time to take a 
14wild mammal
protected by this Act from its den by means of any 
15mechanical device,
spade, or digging device or to use smoke or 
16other gases to dislodge or
remove such mammal except as 
17provided in Section 2.37.

18 (d) It is unlawful to use a ferret or any other small 
19mammal which is
used in the same or similar manner for which 
20ferrets are used for the
purpose of frightening or driving any 
21mammals from their dens or hiding places.

22 (e) (Blank).

23 (f) It is unlawful to use spears, gigs, hooks or any like 
24device to
take any species protected by this Act.

25 (g) It is unlawful to use poisons, chemicals or explosives 
 
 
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1for the
purpose of taking any species protected by this Act.

2 (h) It is unlawful to hunt adjacent to or near any peat, 
3grass,
brush or other inflammable substance when it is burning.

4 (i) It is unlawful to take, pursue or intentionally harass 
5or disturb
in any manner any wild birds or mammals by use or 
6aid of any vehicle or
conveyance, except as permitted by the 
7Code of Federal Regulations for the
taking of waterfowl. It is 
8also unlawful to use the lights of any vehicle
or conveyance or 
9any light from or any light connected to the
vehicle or 
10conveyance in any area where wildlife may be found except in

11accordance with Section 2.37 of this Act; however, nothing in 
12this
Section shall prohibit the normal use of headlamps for the 
13purpose of driving
upon a roadway. Striped skunk, opossum, red 
14fox, gray
fox, raccoon, bobcat, and coyote may be taken during 
15the open season by use of a small
light which is worn on the 
16body or hand-held by a person on foot and not in any
vehicle.

17 (j) It is unlawful to use any shotgun larger than 10 gauge 
18while
taking or attempting to take any of the species protected 
19by this Act.

20 (k) It is unlawful to use or possess in the field any 
21shotgun shell loaded
with a shot size larger than lead BB or 
22steel T (.20 diameter) when taking or
attempting to take any 
23species of wild game mammals (excluding white-tailed
deer), 
24wild game birds, migratory waterfowl or migratory game birds 
25protected
by this Act, except white-tailed deer as provided for 
26in Section 2.26 and other
species as provided for by subsection 
 
 
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1(l) or administrative rule.

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

3white-tailed deer and fur-bearing mammals, with a shotgun 
4loaded with slugs unless otherwise
provided for by 
5administrative rule.

6 (m) It is unlawful to use any shotgun capable of holding 
7more than 3
shells in the magazine or chamber combined, except 
8on game breeding and
hunting preserve areas licensed under 
9Section 3.27 and except as permitted by
the Code of Federal 
10Regulations for the taking of waterfowl. If the shotgun
is 
11capable of holding more than 3 shells, it shall, while being 
12used on an
area other than a game breeding and shooting 
13preserve area licensed
pursuant to Section 3.27, be fitted with 
14a one piece plug that is
irremovable without dismantling the 
15shotgun or otherwise altered to
render it incapable of holding 
16more than 3 shells in the magazine and
chamber, combined.

17 (n) It is unlawful for any person, except persons who 
18possess a permit to
hunt from a vehicle as provided in this 
19Section and persons otherwise permitted
by law, to have or 
20carry any gun in or on any vehicle, conveyance or aircraft,

21unless such gun is unloaded and enclosed in a case, except that 
22at field trials
authorized by Section 2.34 of this Act, 
23unloaded guns or guns loaded with blank
cartridges only, may be 
24carried on horseback while not contained in a case, or
to have 
25or carry any bow or arrow device in or on any vehicle unless 
26such bow
or arrow device is unstrung or enclosed in a case, or 
 
 
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1otherwise made
inoperable.

2 (o) (Blank).

3 (p) It is unlawful to take game birds, migratory game birds 
4or
migratory waterfowl with a rifle, pistol, revolver or 
5airgun.

6 (q) It is unlawful to fire a rifle, pistol, revolver or 
7airgun on,
over or into any waters of this State, including 
8frozen waters.

9 (r) It is unlawful to discharge any gun or bow and arrow 
10device
along, upon, across, or from any public right-of-way or 
11highway in this State.

12 (s) It is unlawful to use a silencer or other device to 
13muffle or
mute the sound of the explosion or report resulting 
14from the firing of
any gun.

15 (t) It is unlawful for any person to take or attempt to 
16take any species of wildlife or parts thereof, intentionally or 
17wantonly allow a dog to
hunt, within or upon the land of 
18another, or upon waters flowing over or
standing on the land of 
19another, or to knowingly shoot a gun or bow and arrow device at 
20any wildlife physically on or flying over the property of 
21another without first obtaining permission from
the owner or 
22the owner's designee. For the purposes of this Section, the 
23owner's designee means anyone who the owner designates in a 
24written authorization and the authorization must contain (i) 
25the legal or common description of property for such authority 
26is given, (ii) the extent that the owner's designee is 
 
 
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1authorized to make decisions regarding who is allowed to take 
2or attempt to take any species of wildlife or parts thereof, 
3and (iii) the owner's notarized signature. Before enforcing 
4this
Section the law enforcement officer must have received 
5notice from the
owner or the owner's designee of a violation of 
6this Section. Statements made to the
law enforcement officer 
7regarding this notice shall not be rendered
inadmissible by the 
8hearsay rule when offered for the purpose of showing the

9required notice.

10 (u) It is unlawful for any person to discharge any firearm 
11for the purpose
of taking any of the species protected by this 
12Act, or hunt with gun or
dog, or intentionally or wantonly 
13allow a dog to hunt, within 300 yards of an inhabited dwelling 
14without
first obtaining permission from the owner or tenant, 
15except that while
trapping, hunting with bow and arrow, hunting 
16with dog and shotgun using shot
shells only, or hunting with 
17shotgun using shot shells only, or providing outfitting 
18services under a waterfowl outfitter permit, or
on licensed 
19game breeding and hunting preserve areas, as defined in Section

203.27, on
federally owned and managed lands and on Department 
21owned, managed, leased, or
controlled lands, a 100 yard 
22restriction shall apply.

23 (v) It is unlawful for any person to remove fur-bearing 
24mammals from, or
to move or disturb in any manner, the traps 
25owned by another person without
written authorization of the 
26owner to do so.

 
 
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1 (w) It is unlawful for any owner of a dog to knowingly or 
2wantonly allow
his or her dog to pursue, harass or kill deer, 
3except that nothing in this Section shall prohibit the tracking 
4of wounded deer with a dog in accordance with the provisions of 
5Section 2.26 of this Code.

6 (x) It is unlawful for any person to wantonly or carelessly 
7injure
or destroy, in any manner whatsoever, any real or 
8personal property on
the land of another while engaged in 
9hunting or trapping thereon.

10 (y) It is unlawful to hunt wild game protected by this Act 
11between one
half hour after sunset and one half hour before 
12sunrise, except that
hunting hours between one half hour after 
13sunset and one half hour
before sunrise may be established by 
14administrative rule for fur-bearing
mammals.

15 (z) It is unlawful to take any game bird (excluding wild 
16turkeys and
crippled pheasants not capable of normal flight and 
17otherwise irretrievable)
protected by this Act when not flying. 
18Nothing in this Section shall prohibit
a person from carrying 
19an uncased, unloaded shotgun in a boat, while in pursuit
of a 
20crippled migratory waterfowl that is incapable of normal 
21flight, for the
purpose of attempting to reduce the migratory 
22waterfowl to possession, provided
that the attempt is made 
23immediately upon downing the migratory waterfowl and
is done 
24within 400 yards of the blind from which the migratory 
25waterfowl was
downed. This exception shall apply only to 
26migratory game birds that are not
capable of normal flight. 
 
 
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1Migratory waterfowl that are crippled may be taken
only with a 
2shotgun as regulated by subsection (j) of this Section using

3shotgun shells as regulated in subsection (k) of this Section.

4 (aa) It is unlawful to use or possess any device that may 
5be used for
tree climbing or cutting, while hunting fur-bearing 
6mammals, excluding coyotes.

7 (bb) It is unlawful for any person, except licensed game 
8breeders,
pursuant to Section 2.29 to import, carry into, or 
9possess alive in this
State any species of wildlife taken 
10outside of this State, without
obtaining permission to do so 
11from the Director.

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

13possession any freshly killed species protected by this Act 
14during the season
closed for taking.

15 (dd) It is unlawful to take any species protected by this 
16Act and retain
it alive except as provided by administrative 
17rule.

18 (ee) (Blank). It is unlawful to possess any rifle while in 
19the field during gun
deer season except as provided in Section 
202.26 and administrative rules.

21 (ff) It is unlawful for any person to take any species 
22protected by
this Act, except migratory waterfowl, during the 
23gun deer hunting season in
those counties open to gun deer 
24hunting, unless he or she wears, when in
the field, a cap and 
25upper outer garment of a solid blaze orange color or solid 
26blaze pink color, with
such articles of clothing displaying a 
 
 
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1minimum of 400 square inches of
blaze orange or solid blaze 
2pink color material.

3 (gg) It is unlawful during the upland game season for any 
4person to take
upland game with a firearm unless he or she 
5wears, while in the field, a
cap of solid blaze orange color or 
6solid blaze pink color. For purposes of this Act, upland game 
7is
defined as Bobwhite Quail, Hungarian Partridge, Ring-necked 
8Pheasant, Eastern
Cottontail and Swamp Rabbit.

9 (hh) It shall be unlawful to kill or cripple any species 
10protected by
this Act for which there is a bag limit without 
11making a reasonable
effort to retrieve such species and include 
12such in the bag limit. It shall be unlawful for any person 
13having control over harvested game mammals, game birds, or 
14migratory game birds for which there is a bag limit to wantonly 
15waste or destroy the usable meat of the game, except this shall 
16not apply to wildlife taken under Sections 2.37 or 3.22 of this 
17Code. For purposes of this subsection, "usable meat" means the 
18breast meat of a game bird or migratory game bird and the hind 
19ham and front shoulders of a game mammal. It shall be unlawful 
20for any person to place, leave, dump, or abandon a wildlife 
21carcass or parts of it along or upon a public right-of-way or 
22highway or on public or private property, including a waterway 
23or stream, without the permission of the owner or tenant. It 
24shall not be unlawful to discard game meat that is determined 
25to be unfit for human consumption.

26 (ii) This Section shall apply only to those species 
 
 
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1protected by this
Act taken within the State. Any species or 
2any parts thereof, legally taken
in and transported from other 
3states or countries, may be possessed
within the State, except 
4as provided in this Section and Sections 2.35, 2.36
and 3.21.

5 (jj) (Blank).

6 (kk) Nothing contained in this Section shall prohibit the 
7Director
from issuing permits to paraplegics or to other 
8persons with disabilities who meet the
requirements set forth 
9in administrative rule to shoot or hunt from a vehicle
as 
10provided by that rule, provided that such is otherwise in 
11accord with this
Act.

12 (ll) Nothing contained in this Act shall prohibit the 
13taking of aquatic
life protected by the Fish and Aquatic Life 
14Code or birds and mammals
protected by this Act, except deer 
15and fur-bearing mammals, from a boat not
camouflaged or 
16disguised to alter its identity or to further provide a place

17of concealment and not propelled by sail or mechanical power. 
18However, only
shotguns not larger than 10 gauge nor smaller 
19than .410 bore loaded with not
more than 3 shells of a shot 
20size no larger than lead BB or steel T (.20
diameter) may be 
21used to take species protected by this Act.

22 (mm) Nothing contained in this Act shall prohibit the use 
23of a shotgun,
not larger than 10 gauge nor smaller than a 20 
24gauge, with a rifled barrel.

25 (nn) It shall be unlawful to possess any species of 
26wildlife or wildlife parts taken unlawfully in Illinois, any 
 
 
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1other state, or any other country, whether or not the wildlife 
2or wildlife parts is indigenous to Illinois. For the purposes 
3of this subsection, the statute of limitations for unlawful 
4possession of wildlife or wildlife parts shall not cease until 
52 years after the possession has permanently ended. 
6(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, 
7eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. 1-1-19.)".