Bill Text: IL HB1517 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Wildlife Code. In provisions concerning prohibitions, provides that it is unlawful to discharge a firearm for hunting, hunt with a gun or dog, or allow a dog to hunt within 500 yards of an inhabited dwelling if the inhabited dwelling is in a residential area with 25 or more homes within a one-half square mile.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-01-31 - Referred to Rules Committee [HB1517 Detail]

Download: Illinois-2023-HB1517-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1517

Introduced , by Rep. Anna Moeller

SYNOPSIS AS INTRODUCED:
520 ILCS 5/2.33

Amends the Wildlife Code. In provisions concerning prohibitions, provides that it is unlawful to discharge a firearm for hunting, hunt with a gun or dog, or allow a dog to hunt within 500 yards of an inhabited dwelling if the inhabited dwelling is in a residential area with 25 or more homes within a one-half square mile.
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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,
3represented in the General Assembly:
4 Section 5. The Wildlife Code is amended by changing
5Section 2.33 as follows:
6 (520 ILCS 5/2.33)
7 Sec. 2.33. Prohibitions.
8 (a) It is unlawful to carry or possess any gun in any State
9refuge unless otherwise permitted by administrative rule.
10 (b) It is unlawful to use or possess any snare or
11snare-like device, deadfall, net, or pit trap to take any
12species, except that snares not powered by springs or other
13mechanical devices may be used to trap fur-bearing mammals, in
14water sets only, if at least one-half of the snare noose is
15located underwater at all times.
16 (c) It is unlawful for any person at any time to take a
17wild mammal protected by this Act from its den by means of any
18mechanical device, spade, or digging device or to use smoke or
19other gases to dislodge or remove such mammal except as
20provided in Section 2.37.
21 (d) It is unlawful to use a ferret or any other small
22mammal which is used in the same or similar manner for which
23ferrets are used for the purpose of frightening or driving any

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1mammals from their dens or hiding places.
2 (e) (Blank).
3 (f) It is unlawful to use spears, gigs, hooks, or any like
4device to take any species protected by this Act.
5 (g) It is unlawful to use poisons, chemicals, or
6explosives for the purpose of taking any species protected by
7this Act.
8 (h) It is unlawful to hunt adjacent to or near any peat,
9grass, brush, or other inflammable substance when it is
10burning.
11 (i) It is unlawful to take, pursue or intentionally harass
12or disturb in any manner any wild birds or mammals by use or
13aid of any vehicle, conveyance, or unmanned aircraft as
14defined by the Illinois Aeronautics Act, except as permitted
15by the Code of Federal Regulations for the taking of
16waterfowl; except that nothing in this subsection shall
17prohibit the use of unmanned aircraft in the inspection of a
18public utility facility, tower, or structure or a mobile
19service facility, tower, or structure by a public utility, as
20defined in Section 3-105 of the Public Utilities Act, or a
21provider of mobile services as defined in Section 153 of Title
2247 of the United States Code. It is also unlawful to use the
23lights of any vehicle or conveyance, any light connected to
24any vehicle or conveyance, or any other lighting device or
25mechanism from inside or on a vehicle or conveyance in any area
26where wildlife may be found except in accordance with Section

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12.37 of this Act; however, nothing in this Section shall
2prohibit the normal use of headlamps for the purpose of
3driving upon a roadway. For purposes of this Section, any
4other lighting device or mechanism shall include, but not be
5limited to, any device that uses infrared or other light not
6visible to the naked eye, electronic image intensification,
7active illumination, thermal imaging, or night vision. Striped
8skunk, opossum, red fox, gray fox, raccoon, bobcat, and coyote
9may be taken during the open season by use of a small light
10which is worn on the body or hand-held by a person on foot and
11not in any vehicle.
12 (j) It is unlawful to use any shotgun larger than 10 gauge
13while taking or attempting to take any of the species
14protected by this Act.
15 (k) It is unlawful to use or possess in the field any
16shotgun shell loaded with a shot size larger than lead BB or
17steel T (.20 diameter) when taking or attempting to take any
18species of wild game mammals (excluding white-tailed deer),
19wild game birds, migratory waterfowl or migratory game birds
20protected by this Act, except white-tailed deer as provided
21for in Section 2.26 and other species as provided for by
22subsection (l) or administrative rule.
23 (l) It is unlawful to take any species of wild game, except
24white-tailed deer and fur-bearing mammals, with a shotgun
25loaded with slugs unless otherwise provided for by
26administrative rule.

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

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

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1the law enforcement officer must have received notice from the
2owner or the owner's designee of a violation of this Section.
3Statements made to the law enforcement officer regarding this
4notice shall not be rendered inadmissible by the hearsay rule
5when offered for the purpose of showing the required notice.
6 (u) It is unlawful for any person to discharge any firearm
7for the purpose of taking any of the species protected by this
8Act, or hunt with gun or dog, or allow a dog to hunt, within
9300 yards of an inhabited dwelling without first obtaining
10permission from the owner or tenant or 500 yards of an
11inhabited dwelling if the inhabited dwelling is in a
12residential area with 25 or more homes within a one-half
13square mile, except that while trapping, hunting with bow and
14arrow, hunting with dog and shotgun using shot shells only, or
15hunting with shotgun using shot shells only, or providing
16outfitting services under a waterfowl outfitter permit, or on
17licensed game breeding and hunting preserve areas, as defined
18in Section 3.27, on federally owned and managed lands and on
19Department owned, managed, leased, or controlled lands, a 100
20yard restriction shall apply.
21 (v) It is unlawful for any person to remove fur-bearing
22mammals from, or to move or disturb in any manner, the traps
23owned by another person without written authorization of the
24owner to do so.
25 (w) It is unlawful for any owner of a dog to allow his or
26her dog to pursue, harass, or kill deer, except that nothing in

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1this Section shall prohibit the tracking of wounded deer with
2a dog in accordance with the provisions of Section 2.26 of this
3Code.
4 (x) It is unlawful for any person to wantonly or
5carelessly injure or destroy, in any manner whatsoever, any
6real or personal property on the land of another while engaged
7in hunting or trapping thereon.
8 (y) It is unlawful to hunt wild game protected by this Act
9between one-half one half hour after sunset and one-half one
10half hour before sunrise, except that hunting hours between
11one-half one half hour after sunset and one-half one half hour
12before sunrise may be established by administrative rule for
13fur-bearing mammals.
14 (z) It is unlawful to take any game bird (excluding wild
15turkeys and crippled pheasants not capable of normal flight
16and otherwise irretrievable) protected by this Act when not
17flying. Nothing in this Section shall prohibit a person from
18carrying an uncased, unloaded shotgun in a boat, while in
19pursuit of a crippled migratory waterfowl that is incapable of
20normal flight, for the purpose of attempting to reduce the
21migratory waterfowl to possession, provided that the attempt
22is made immediately upon downing the migratory waterfowl and
23is done within 400 yards of the blind from which the migratory
24waterfowl was downed. This exception shall apply only to
25migratory game birds that are not capable of normal flight.
26Migratory waterfowl that are crippled may be taken only with a

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1shotgun as regulated by subsection (j) of this Section using
2shotgun shells as regulated in subsection (k) of this Section.
3 (aa) It is unlawful to use or possess any device that may
4be used for tree climbing or cutting, while hunting
5fur-bearing mammals, excluding coyotes. However, coyotes may
6not be hunted utilizing these devices during open season for
7deer except by properly licensed deer hunters.
8 (bb) It is unlawful for any person, except licensed game
9breeders, pursuant to Section 2.29 to import, carry into, or
10possess alive in this State any species of wildlife taken
11outside of this State, without obtaining permission to do so
12from the Director.
13 (cc) It is unlawful for any person to have in his or her
14possession any freshly killed species protected by this Act
15during the season closed for taking.
16 (dd) It is unlawful to take any species protected by this
17Act and retain it alive except as provided by administrative
18rule.
19 (ee) It is unlawful to possess any rifle while in the field
20during gun deer season except as provided in Sections 2.25 and
212.26 and administrative rules.
22 (ff) It is unlawful for any person to take any species
23protected by this Act, except migratory waterfowl, during the
24gun deer hunting season in those counties open to gun deer
25hunting, unless he or she wears, when in the field, a cap and
26upper outer garment of a solid blaze orange color or solid

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1blaze pink color, with such articles of clothing displaying a
2minimum of 400 square inches of blaze orange or solid blaze
3pink color material.
4 (gg) It is unlawful during the upland game season for any
5person to take upland game with a firearm unless he or she
6wears, while in the field, a cap of solid blaze orange color or
7solid blaze pink color. For purposes of this Act, upland game
8is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
9Pheasant, Eastern Cottontail, and Swamp Rabbit.
10 (hh) It shall be unlawful to kill or cripple any species
11protected by this Act for which there is a bag limit without
12making a reasonable effort to retrieve such species and
13include such in the bag limit. It shall be unlawful for any
14person having control over harvested game mammals, game birds,
15or migratory game birds for which there is a bag limit to
16wantonly waste or destroy the usable meat of the game, except
17this shall not apply to wildlife taken under Sections 2.37 or
183.22 of this Code. For purposes of this subsection, "usable
19meat" means the breast meat of a game bird or migratory game
20bird and the hind ham and front shoulders of a game mammal. It
21shall be unlawful for any person to place, leave, dump, or
22abandon a wildlife carcass or parts of it along or upon a
23public right-of-way or highway or on public or private
24property, including a waterway or stream, without the
25permission of the owner or tenant. It shall not be unlawful to
26discard game meat that is determined to be unfit for human

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1consumption.
2 (ii) This Section shall apply only to those species
3protected by this Act taken within the State. Any species or
4any parts thereof, legally taken in and transported from other
5states or countries, may be possessed within the State, except
6as provided in this Section and Sections 2.35, 2.36, and 3.21.
7 (jj) (Blank).
8 (kk) Nothing contained in this Section shall prohibit the
9Director from issuing permits to paraplegics or to other
10persons with disabilities who meet the requirements set forth
11in administrative rule to shoot or hunt from a vehicle as
12provided by that rule, provided that such is otherwise in
13accord with this Act.
14 (ll) Nothing contained in this Act shall prohibit the
15taking of aquatic life protected by the Fish and Aquatic Life
16Code or birds and mammals protected by this Act, except deer
17and fur-bearing mammals, from a boat not camouflaged or
18disguised to alter its identity or to further provide a place
19of concealment and not propelled by sail or mechanical power.
20However, only shotguns not larger than 10 gauge nor smaller
21than .410 bore loaded with not more than 3 shells of a shot
22size no larger than lead BB or steel T (.20 diameter) may be
23used to take species protected by this Act.
24 (mm) Nothing contained in this Act shall prohibit the use
25of a shotgun, not larger than 10 gauge nor smaller than a 20
26gauge, with a rifled barrel.

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1 (nn) It shall be unlawful to possess any species of
2wildlife or wildlife parts taken unlawfully in Illinois, any
3other state, or any other country, whether or not the wildlife
4or wildlife parts are is indigenous to Illinois. For the
5purposes of this subsection, the statute of limitations for
6unlawful possession of wildlife or wildlife parts shall not
7cease until 2 years after the possession has permanently
8ended.
9 (oo) It is unlawful while deer hunting:
10 (1) to possess or be in close proximity to a rifle that
11 is not centerfire; or
12 (2) to be in possession of or in close proximity to a
13 magazine that is capable of making a rifle not a single
14 shot.
15(Source: P.A. 102-237, eff. 1-1-22; 102-837, eff. 5-13-22;
16102-932, eff. 1-1-23; revised 12-14-22.)
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