Bill Text: IL HB2823 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Wildlife Code. Provides in various provisions an exemption to carry a firearm on Department of Natural Resources property in accordance with the Firearm Concealed Carry Act.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Failed) 2019-01-08 - Session Sine Die [HB2823 Detail]

Download: Illinois-2017-HB2823-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB2823 Introduced , by Rep. Jerry Costello, II SYNOPSIS AS INTRODUCED:
520 ILCS 5/2.11 from Ch. 61, par. 2.11
520 ILCS 5/2.26 from Ch. 61, par. 2.26
520 ILCS 5/2.33 from Ch. 61, par. 2.33
520 ILCS 5/2.34 from Ch. 61, par. 2.34
Amends the Wildlife Code. Provides in various provisions an exemption to carry a firearm on Department of Natural Resources property in accordance with the Firearm Concealed Carry Act.
LRB100 08894 SLF 19037 b
A BILL FOR
HB2823 LRB100 08894 SLF 19037 b
AN ACT concerning wildlife.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Wildlife Code is amended by changing
Sections 2.11, 2.26, 2.33, and 2.34 as follows:
(520 ILCS 5/2.11) (from Ch. 61, par. 2.11)
Sec. 2.11. Before any person may lawfully hunt wild turkey,
he shall first obtain a "Wild Turkey Hunting Permit" in
accordance with the prescribed regulations set forth in an
administrative rule of the Department. The fee for a Resident
Wild Turkey Hunting Permit shall not exceed $15.
Upon submitting suitable evidence of legal residence in any
other state, non-residents shall be charged a fee not to exceed
$125 for wild turkey hunting permits.
The Department may by administrative rule allocate and
issue non-resident Wild Turkey Permits and establish fees for
such permits.
It shall be unlawful to take wild turkey except by use of a
bow and arrow or a shotgun of not larger than 10 nor smaller
than 20 gauge with shot size not larger than No. 4, and no
person while attempting to so take wild turkey may have in his
possession any other gun unless in accordance with the Firearm
Concealed Carry Act.

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It shall be unlawful to take, or attempt to take wild
turkey except during the time from 1/2 hour before sunrise to
1/2 hour after sunset or during such lesser period of time as
may be specified by administrative rule, during those days for
which an open season is established.
It shall be unlawful for any person to take, or attempt to
take, wild turkey by use of dogs, horses, automobiles, aircraft
or other vehicles, or conveyances, or by the use or aid of bait
or baiting of any kind. For the purposes of this Section,
"bait" means any material, whether liquid or solid, including
food, salt, minerals, and other products, except pure water,
that can be ingested, placed, or scattered in such a manner as
to attract or lure wild turkeys. "Baiting" means the placement
or scattering of bait to attract wild turkeys. An area is
considered as baited during the presence of and for 10
consecutive days following the removal of the bait.
It is unlawful for any person to take in Illinois or have
in his possession more than one wild turkey per valid permit.
For the purposes of calculating acreage under this Section,
the Department shall, after determining the total acreage of
the applicable tract or tracts of land, round remaining
fractional portions of an acre greater than or equal to half of
an acre up to the next whole acre.
For the purposes of taking wild turkey, nothing in this
Section shall be construed to prevent the manipulation,
including mowing or cutting, of standing crops as a normal

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agricultural or soil stabilization practice, food plots, or
normal agricultural practices, including planting, harvesting,
and maintenance such as cultivating. Such manipulation for the
purpose of taking wild turkey may be further modified by
administrative rule.
(Source: P.A. 98-180, eff. 8-5-13; 99-869, eff. 1-1-17.)
(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
Sec. 2.26. Deer hunting permits. Any person attempting to
take deer shall first obtain a "Deer Hunting Permit" issued by
the Department in accordance with its administrative rules.
Those rules must provide for the issuance of the following
types of resident deer archery permits: (i) a combination
permit, consisting of one either-sex permit and one
antlerless-only permit, (ii) a single antlerless-only permit,
and (iii) a single either-sex permit. The fee for a Deer
Hunting Permit to take deer with either bow and arrow or gun
shall not exceed $25.00 for residents of the State. The
Department may by administrative rule provide for non-resident
deer hunting permits for which the fee will not exceed $300 in
2005, $350 in 2006, and $400 in 2007 and thereafter except as
provided below for non-resident landowners and non-resident
archery hunters. The Department may by administrative rule
provide for a non-resident archery deer permit consisting of
not more than 2 harvest tags at a total cost not to exceed $325
in 2005, $375 in 2006, and $425 in 2007 and thereafter.

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The standards and specifications for use of guns and bow
and arrow for deer hunting shall be established by
administrative rule.
No person may have in his or her possession any firearm not
authorized by administrative rule for a specific hunting season
when taking deer unless in accordance with the Firearm
Concealed Carry Act.
Persons having a firearm deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to 1/2 hour after sunset, and only during those
days for which an open season is established for the taking of
deer by use of shotgun, handgun, or muzzle loading rifle.
Persons having an archery deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to 1/2 hour after sunset, and only during those
days for which an open season is established for the taking of
deer by use of bow and arrow.
It shall be unlawful for any person to take deer by use of
dogs, horses, automobiles, aircraft or other vehicles, or by
the use or aid of bait or baiting of any kind. For the purposes
of this Section, "bait" means any material, whether liquid or
solid, including food, salt, minerals, and other products,
except pure water, that can be ingested, placed, or scattered
in such a manner as to attract or lure white-tailed deer.
"Baiting" means the placement or scattering of bait to attract
deer. An area is considered as baited during the presence of

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and for 10 consecutive days following the removal of bait.
Nothing in this Section shall prohibit the use of a dog to
track wounded deer. Any person using a dog for tracking wounded
deer must maintain physical control of the dog at all times by
means of a maximum 50 foot lead attached to the dog's collar or
harness. Tracking wounded deer is permissible at night, but at
no time outside of legal deer hunting hours or seasons shall
any person handling or accompanying a dog being used for
tracking wounded deer be in possession of any firearm or
archery device. Persons tracking wounded deer with a dog during
the firearm deer seasons shall wear blaze orange as required.
Dog handlers tracking wounded deer with a dog are exempt from
hunting license and deer permit requirements so long as they
are accompanied by the licensed deer hunter who wounded the
deer.
It shall be unlawful to possess or transport any wild deer
which has been injured or killed in any manner upon a public
highway or public right-of-way of this State unless exempted by
administrative rule.
Persons hunting deer must have gun unloaded and no bow and
arrow device shall be carried with the arrow in the nocked
position during hours when deer hunting is unlawful.
It shall be unlawful for any person, having taken the legal
limit of deer by gun, to further participate with gun in any
deer hunting party.
It shall be unlawful for any person, having taken the legal

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limit of deer by bow and arrow, to further participate with bow
and arrow in any deer hunting party.
The Department may prohibit upland game hunting during the
gun deer season by administrative rule.
The Department shall not limit the number of non-resident,
either-sex archery deer hunting permits to less than 20,000.
Any person who violates any of the provisions of this
Section, including administrative rules, shall be guilty of a
Class B misdemeanor.
For the purposes of calculating acreage under this Section,
the Department shall, after determining the total acreage of
the applicable tract or tracts of land, round remaining
fractional portions of an acre greater than or equal to half of
an acre up to the next whole acre.
For the purposes of taking white-tailed deer, nothing in
this Section shall be construed to prevent the manipulation,
including mowing or cutting, of standing crops as a normal
agricultural or soil stabilization practice, food plots, or
normal agricultural practices, including planting, harvesting,
and maintenance such as cultivating or the use of products
designed for scent only and not capable of ingestion, solid or
liquid, placed or scattered, in such a manner as to attract or
lure deer. Such manipulation for the purpose of taking
white-tailed deer may be further modified by administrative
rule.
(Source: P.A. 98-180, eff. 8-5-13; 99-642, eff. 7-28-16;

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99-869, eff. 1-1-17.)
(520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
Sec. 2.33. Prohibitions.
(a) It is unlawful to carry or possess any gun in any State
refuge unless otherwise permitted by administrative rule.
(b) It is unlawful to use or possess any snare or
snare-like device, deadfall, net, or pit trap to take any
species, except that snares not powered by springs or other
mechanical devices may be used to trap fur-bearing mammals, in
water sets only, if at least one-half of the snare noose is
located underwater at all times.
(c) It is unlawful for any person at any time to take a
wild mammal protected by this Act from its den by means of any
mechanical device, spade, or digging device or to use smoke or
other gases to dislodge or remove such mammal except as
provided in Section 2.37.
(d) It is unlawful to use a ferret or any other small
mammal which is used in the same or similar manner for which
ferrets are used for the purpose of frightening or driving any
mammals from their dens or hiding places.
(e) (Blank).
(f) It is unlawful to use spears, gigs, hooks or any like
device to take any species protected by this Act.
(g) It is unlawful to use poisons, chemicals or explosives
for the purpose of taking any species protected by this Act.

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(h) It is unlawful to hunt adjacent to or near any peat,
grass, brush or other inflammable substance when it is burning.
(i) It is unlawful to take, pursue or intentionally harass
or disturb in any manner any wild birds or mammals by use or
aid of any vehicle or conveyance, except as permitted by the
Code of Federal Regulations for the taking of waterfowl. It is
also unlawful to use the lights of any vehicle or conveyance or
any light from or any light connected to the vehicle or
conveyance in any area where wildlife may be found except in
accordance with Section 2.37 of this Act; however, nothing in
this Section shall prohibit the normal use of headlamps for the
purpose of driving upon a roadway. Striped skunk, opossum, red
fox, gray fox, raccoon, bobcat, and coyote may be taken during
the open season by use of a small light which is worn on the
body or hand-held by a person on foot and not in any vehicle.
(j) It is unlawful to use any shotgun larger than 10 gauge
while taking or attempting to take any of the species protected
by this Act.
(k) It is unlawful to use or possess in the field any
shotgun shell loaded with a shot size larger than lead BB or
steel T (.20 diameter) when taking or attempting to take any
species of wild game mammals (excluding white-tailed deer),
wild game birds, migratory waterfowl or migratory game birds
protected by this Act, except white-tailed deer as provided for
in Section 2.26 and other species as provided for by subsection
(l) or administrative rule.

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(l) It is unlawful to take any species of wild game, except
white-tailed deer and fur-bearing mammals, with a shotgun
loaded with slugs unless otherwise provided for by
administrative rule.
(m) It is unlawful to use any shotgun capable of holding
more than 3 shells in the magazine or chamber combined, except
on game breeding and hunting preserve areas licensed under
Section 3.27 and except as permitted by the Code of Federal
Regulations for the taking of waterfowl. If the shotgun is
capable of holding more than 3 shells, it shall, while being
used on an area other than a game breeding and shooting
preserve area licensed pursuant to Section 3.27, be fitted with
a one piece plug that is irremovable without dismantling the
shotgun or otherwise altered to render it incapable of holding
more than 3 shells in the magazine and chamber, combined.
(n) It is unlawful for any person, except persons who
possess a permit to hunt from a vehicle as provided in this
Section and persons otherwise permitted by law, to have or
carry any gun in or on any vehicle, conveyance or aircraft,
unless such gun is unloaded and enclosed in a case, except that
at field trials authorized by Section 2.34 of this Act,
unloaded guns or guns loaded with blank cartridges only, may be
carried on horseback while not contained in a case, or to have
or carry any bow or arrow device in or on any vehicle unless
such bow or arrow device is unstrung or enclosed in a case, or
otherwise made inoperable unless in accordance with the Firearm

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Concealed Carry Act.
(o) It is unlawful to use any crossbow for the purpose of
taking any wild birds or mammals, except as provided for in
Section 2.5.
(p) It is unlawful to take game birds, migratory game birds
or migratory waterfowl with a rifle, pistol, revolver or
airgun.
(q) It is unlawful to fire a rifle, pistol, revolver or
airgun on, over or into any waters of this State, including
frozen waters.
(r) It is unlawful to discharge any gun or bow and arrow
device along, upon, across, or from any public right-of-way or
highway in this State.
(s) It is unlawful to use a silencer or other device to
muffle or mute the sound of the explosion or report resulting
from the firing of any gun.
(t) It is unlawful for any person to take or attempt to
take any species of wildlife or parts thereof, intentionally or
wantonly allow a dog to hunt, within or upon the land of
another, or upon waters flowing over or standing on the land of
another, or to knowingly shoot a gun or bow and arrow device at
any wildlife physically on or flying over the property of
another without first obtaining permission from the owner or
the owner's designee. For the purposes of this Section, the
owner's designee means anyone who the owner designates in a
written authorization and the authorization must contain (i)

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the legal or common description of property for such authority
is given, (ii) the extent that the owner's designee is
authorized to make decisions regarding who is allowed to take
or attempt to take any species of wildlife or parts thereof,
and (iii) the owner's notarized signature. Before enforcing
this Section the law enforcement officer must have received
notice from the owner or the owner's designee of a violation of
this Section. Statements made to the law enforcement officer
regarding this notice shall not be rendered inadmissible by the
hearsay rule when offered for the purpose of showing the
required notice.
(u) It is unlawful for any person to discharge any firearm
for the purpose of taking any of the species protected by this
Act, or hunt with gun or dog, or intentionally or wantonly
allow a dog to hunt, within 300 yards of an inhabited dwelling
without first obtaining permission from the owner or tenant,
except that while trapping, hunting with bow and arrow, hunting
with dog and shotgun using shot shells only, or hunting with
shotgun using shot shells only, or providing outfitting
services under a waterfowl outfitter permit, or on licensed
game breeding and hunting preserve areas, as defined in Section
3.27, on federally owned and managed lands and on Department
owned, managed, leased, or controlled lands, a 100 yard
restriction shall apply.
(v) It is unlawful for any person to remove fur-bearing
mammals from, or to move or disturb in any manner, the traps

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owned by another person without written authorization of the
owner to do so.
(w) It is unlawful for any owner of a dog to knowingly or
wantonly allow his or her dog to pursue, harass or kill deer,
except that nothing in this Section shall prohibit the tracking
of wounded deer with a dog in accordance with the provisions of
Section 2.26 of this Code.
(x) It is unlawful for any person to wantonly or carelessly
injure or destroy, in any manner whatsoever, any real or
personal property on the land of another while engaged in
hunting or trapping thereon.
(y) It is unlawful to hunt wild game protected by this Act
between one half hour after sunset and one half hour before
sunrise, except that hunting hours between one half hour after
sunset and one half hour before sunrise may be established by
administrative rule for fur-bearing mammals.
(z) It is unlawful to take any game bird (excluding wild
turkeys and crippled pheasants not capable of normal flight and
otherwise irretrievable) protected by this Act when not flying.
Nothing in this Section shall prohibit a person from carrying
an uncased, unloaded shotgun in a boat, while in pursuit of a
crippled migratory waterfowl that is incapable of normal
flight, for the purpose of attempting to reduce the migratory
waterfowl to possession, provided that the attempt is made
immediately upon downing the migratory waterfowl and is done
within 400 yards of the blind from which the migratory

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waterfowl was downed. This exception shall apply only to
migratory game birds that are not capable of normal flight.
Migratory waterfowl that are crippled may be taken only with a
shotgun as regulated by subsection (j) of this Section using
shotgun shells as regulated in subsection (k) of this Section.
(aa) It is unlawful to use or possess any device that may
be used for tree climbing or cutting, while hunting fur-bearing
mammals, excluding coyotes.
(bb) It is unlawful for any person, except licensed game
breeders, pursuant to Section 2.29 to import, carry into, or
possess alive in this State any species of wildlife taken
outside of this State, without obtaining permission to do so
from the Director.
(cc) It is unlawful for any person to have in his or her
possession any freshly killed species protected by this Act
during the season closed for taking.
(dd) It is unlawful to take any species protected by this
Act and retain it alive except as provided by administrative
rule.
(ee) It is unlawful to possess any rifle while in the field
during gun deer season except as provided in Section 2.26 and
administrative rules.
(ff) It is unlawful for any person to take any species
protected by this Act, except migratory waterfowl, during the
gun deer hunting season in those counties open to gun deer
hunting, unless he or she wears, when in the field, a cap and

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upper outer garment of a solid blaze orange color, with such
articles of clothing displaying a minimum of 400 square inches
of blaze orange material.
(gg) It is unlawful during the upland game season for any
person to take upland game with a firearm unless he or she
wears, while in the field, a cap of solid blaze orange color.
For purposes of this Act, upland game is defined as Bobwhite
Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
Cottontail and Swamp Rabbit.
(hh) It shall be unlawful to kill or cripple any species
protected by this Act for which there is a bag limit without
making a reasonable effort to retrieve such species and include
such in the bag limit. It shall be unlawful for any person
having control over harvested game mammals, game birds, or
migratory game birds for which there is a bag limit to wantonly
waste or destroy the usable meat of the game, except this shall
not apply to wildlife taken under Sections 2.37 or 3.22 of this
Code. For purposes of this subsection, "usable meat" means the
breast meat of a game bird or migratory game bird and the hind
ham and front shoulders of a game mammal. It shall be unlawful
for any person to place, leave, dump, or abandon a wildlife
carcass or parts of it along or upon a public right-of-way or
highway or on public or private property, including a waterway
or stream, without the permission of the owner or tenant. It
shall not be unlawful to discard game meat that is determined
to be unfit for human consumption.

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

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wildlife or wildlife parts taken unlawfully in Illinois, any
other state, or any other country, whether or not the wildlife
or wildlife parts is indigenous to Illinois. For the purposes
of this subsection, the statute of limitations for unlawful
possession of wildlife or wildlife parts shall not cease until
2 years after the possession has permanently ended.
(Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183,
eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914,
eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
eff. 7-28-16.)
(520 ILCS 5/2.34) (from Ch. 61, par. 2.34)
Sec. 2.34. Dog Trials.
(a) Dogs of any breed may be trained the year round in
accordance with the provisions of this Act.
(b) During the periods of time when it is unlawful to take
species protected by this Act, the only firearms which shall be
used in the training of dogs from sunrise to sunset shall be
pistols with blank cartridges. No other gun or ammunition may
be in immediate possession during this time. No person or
persons in, along with, or accompanying the dog training party,
shall be in possession of any firearm or live ammunition,
except pistols capable of firing only blank cartridges during
the hours from sunset to sunrise. All organized field trials or
training grounds approved by the Department shall be exempt
from this provision unless in accordance with the Firearm

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Concealed Carry Act.
(c) No field trial shall be held without a permit from the
Department.
The following Department areas shall be designated as
horseback field trial sites; Lee County Conservation Area, Des
Plaines Conservation Area, Moraine View State Park, Middle Fork
Fish and Wildlife Area, Hamilton County Conservation Area, and
Wayne Fitzgerrell State Park. The Department shall provide and
maintain quality wildlife habitat on these sites.
Field trials shall be scheduled only from September 1
through April 30 in the Northern Zone and September 1 through
April 15 in the Southern Zone. The Department maintains the
authority to schedule and administer field trials. The boundary
between the Northern Zone and the Southern Zone shall be U.S.
Route 36. However, (i) if the opening date of the field trial
season falls on Sunday, the season will begin on Saturday of
that weekend; and (ii) if the closing date of the field trial
season falls on Saturday, the season will conclude on Sunday of
that weekend; and (iii) if during the final days of the field
trial season a field trial organization begins a field trial
which is subsequently interrupted due to inclement weather, the
field trial organization may complete the trial, subject to the
Department's approval, even though the field trial season has
ended. The field trial organization must complete the trial on
the first possible day or days. Field trials for the retrieving
breeds are exempt from these field trials season provisions and

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shall have no closed season.
The fee for field trials shall be established by the
Department by rule.
(d) The Department is authorized to designate dog training
areas and to grant permits for all field trials including those
field trials where game birds reared under Section 3.23 are
released and taken in accordance with the rules and regulations
set forth by the Department. Applications for permits for such
trials and training areas shall be accompanied by detailed
information as to the date and the location of the grounds
where such trial area or training grounds is located.
Applicants for field trial or dog training permits must have
the consent of the landowner prior to applying for such permit.
Fees and other regulations will be set by administrative rule.
(e) All permits for designated dog training areas shall
expire March 31st of each year.
(f) Permit holders for designated dog training areas must
possess a wild game breeder's permit or a game breeding and
hunting preserve area permit and may utilize live bird recall
devices on such areas.
(g) Nothing shall prevent an individual from using a dog in
the taking of squirrel during the open season.
(h) All hand reared game released and shot at field trials
shall be properly identified with tags as provided for by this
Act and such birds shall be banded before they are removed from
the field trial area.

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(Source: P.A. 86-920; 87-1051.)