Bill Text: IL HB4386 | 2021-2022 | 102nd General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Wildlife Code. Defines "centerfire" and "single shot". Allows a person to take deer with a single shot centerfire rifle during the open season set by the Director of Natural Resources. Limits legal handguns and rifles to centerfire handguns that are either single shot or revolvers and centerfire rifles that are single shot. Limits legal ammunition for a centerfire handgun or rifle to a bottleneck centerfire cartridge of .30 caliber or larger with a case length not exceeding one and two-fifths inches, or a straight-walled centerfire cartridge of .30 caliber or larger, both of which must be available as a factory load with the published ballistic tables of the manufacturer showing a capability of at least 500 foot pounds of energy at the muzzle. Provides that it is unlawful while deer hunting: (1) to possess or be in close proximity to a rifle that is not centerfire; or (2) be in possession of or in close proximity to a magazine that is capable of making a rifle not a single shot.
Spectrum: Slight Partisan Bill (Republican 10-4)
Status: (Passed) 2022-05-27 - Public Act . . . . . . . . . 102-0932 [HB4386 Detail]
Download: Illinois-2021-HB4386-Introduced.html
Bill Title: Amends the Wildlife Code. Defines "centerfire" and "single shot". Allows a person to take deer with a single shot centerfire rifle during the open season set by the Director of Natural Resources. Limits legal handguns and rifles to centerfire handguns that are either single shot or revolvers and centerfire rifles that are single shot. Limits legal ammunition for a centerfire handgun or rifle to a bottleneck centerfire cartridge of .30 caliber or larger with a case length not exceeding one and two-fifths inches, or a straight-walled centerfire cartridge of .30 caliber or larger, both of which must be available as a factory load with the published ballistic tables of the manufacturer showing a capability of at least 500 foot pounds of energy at the muzzle. Provides that it is unlawful while deer hunting: (1) to possess or be in close proximity to a rifle that is not centerfire; or (2) be in possession of or in close proximity to a magazine that is capable of making a rifle not a single shot.
Spectrum: Slight Partisan Bill (Republican 10-4)
Status: (Passed) 2022-05-27 - Public Act . . . . . . . . . 102-0932 [HB4386 Detail]
Download: Illinois-2021-HB4386-Introduced.html
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1 | AN ACT concerning wildlife.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Wildlife Code is amended by changing | |||||||||||||||||||||
5 | Sections 2.25 and 2.26 as follows:
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6 | (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
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7 | Sec. 2.25. It shall be unlawful for any person to take deer | |||||||||||||||||||||
8 | except (i) with
a shotgun, centerfire rifle, handgun, or | |||||||||||||||||||||
9 | muzzleloading rifle , or (ii) as provided by
administrative | |||||||||||||||||||||
10 | rule,
with a bow and arrow, during the open season of not more | |||||||||||||||||||||
11 | than 14 days which will
be set annually by the Director between | |||||||||||||||||||||
12 | the dates of
November 1st and December 31st, both inclusive, | |||||||||||||||||||||
13 | or a special 3-day, youth-only season between the dates of | |||||||||||||||||||||
14 | September 1 and October 31.
For the purposes of this Section, | |||||||||||||||||||||
15 | legal handguns include any centerfire
handguns of .30
caliber | |||||||||||||||||||||
16 | or larger with a minimum barrel length of 4 inches. The only | |||||||||||||||||||||
17 | legal
ammunition
for a centerfire handgun is a cartridge of | |||||||||||||||||||||
18 | .30 caliber or larger with a
capability of at least
500 foot | |||||||||||||||||||||
19 | pounds of energy at the muzzle. Full metal jacket bullets may | |||||||||||||||||||||
20 | not be
used to
harvest deer. All straight walled rifle rounds | |||||||||||||||||||||
21 | are legal ammunition for a centerfire rifle.
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22 | The Department shall make administrative rules concerning | |||||||||||||||||||||
23 | management
restrictions applicable to the firearm and bow and |
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1 | arrow season.
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2 | It shall be unlawful for any person to take deer except | ||||||
3 | with a bow and
arrow during the open season for bow and arrow | ||||||
4 | set annually by the Director
between the dates of September | ||||||
5 | 1st and January 31st, both inclusive.
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6 | It shall be unlawful for any person to take deer except | ||||||
7 | with (i) a
muzzleloading rifle or (ii) bow and arrow during the | ||||||
8 | open season for
muzzleloading rifles set annually by the | ||||||
9 | Director.
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10 | The Director shall cause an administrative rule setting | ||||||
11 | forth the
prescribed rules and regulations, including bag and | ||||||
12 | possession limits and
those counties of the State where open | ||||||
13 | seasons are established, to be
published in accordance with | ||||||
14 | Sections 1.3 and 1.13 of this Act.
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15 | The Department may establish separate harvest periods for | ||||||
16 | the purpose of
managing or eradicating disease that has been | ||||||
17 | found in the deer herd. This
season shall be restricted to gun | ||||||
18 | or bow and arrow hunting only. The Department
shall publicly | ||||||
19 | announce, via statewide news release, the season dates and
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20 | shooting hours, the counties and sites open to hunting.
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21 | The Department is authorized to establish a separate | ||||||
22 | harvest period at
specific sites within the State for the | ||||||
23 | purpose of harvesting
surplus deer that cannot be taken during | ||||||
24 | the regular season provided for
the taking of deer. This | ||||||
25 | season shall be restricted to gun or bow and
arrow hunting only | ||||||
26 | and shall be established during the period of September 1st
to |
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1 | February 15th, both inclusive. The Department shall publicly | ||||||
2 | announce, via statewide news release, the season dates and | ||||||
3 | shooting hours, and the counties and sites open to hunting. | ||||||
4 | The Department shall publish suitable
prescribed rules and | ||||||
5 | regulations established by administrative rule pertaining
to | ||||||
6 | management restrictions applicable to this special harvest | ||||||
7 | program. The Department shall allow unused gun deer permits | ||||||
8 | that are left over from a regular season for the taking of deer | ||||||
9 | to be rolled over and used during any separate harvest period | ||||||
10 | held within 6 months of the season for which those tags were | ||||||
11 | issued at no additional cost to the permit holder subject to | ||||||
12 | the management restrictions applicable to the special harvest | ||||||
13 | program.
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14 | Beginning July 1, 2019, and on an annual basis thereafter, | ||||||
15 | the Department shall provide a report to the General Assembly | ||||||
16 | providing information regarding deer management programs | ||||||
17 | established by the Code or by administrative rule that | ||||||
18 | includes: (1) the number of surplus deer taken during each | ||||||
19 | separate harvest season; (2) the number of deer found to have a | ||||||
20 | communicable disease or other abnormality; and (3) what | ||||||
21 | happens to the deer taken during each separate harvest season.
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22 | (Source: P.A. 101-66, eff. 7-12-19; 102-314, eff. 1-1-22 .)
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23 | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
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24 | Sec. 2.26. Deer hunting permits. Any person attempting to | ||||||
25 | take deer shall first obtain a "Deer
Hunting Permit" issued by |
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1 | the Department in accordance with its administrative rules.
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2 | Those rules must provide for the issuance of the following | ||||||
3 | types of resident deer archery permits: (i) a combination | ||||||
4 | permit, consisting of one either-sex permit and one | ||||||
5 | antlerless-only permit, (ii) a single antlerless-only permit, | ||||||
6 | and (iii) a single either-sex permit. The fee for a Deer | ||||||
7 | Hunting Permit to take deer with either bow and arrow or gun
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8 | shall not exceed $25.00 for residents of the State. The | ||||||
9 | Department may by
administrative rule provide for non-resident | ||||||
10 | deer hunting permits for which the
fee will not exceed $300 in | ||||||
11 | 2005, $350 in 2006, and $400 in 2007 and thereafter except as | ||||||
12 | provided below for non-resident landowners
and non-resident | ||||||
13 | archery hunters. The Department may by
administrative rule | ||||||
14 | provide for a non-resident archery deer permit consisting
of | ||||||
15 | not more than 2 harvest tags at a total cost not to exceed $325 | ||||||
16 | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The | ||||||
17 | fees for a youth resident and non-resident archery deer permit | ||||||
18 | shall be the same.
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19 | The Department shall create a pilot program during the | ||||||
20 | special 3-day, youth-only deer hunting season to allow for | ||||||
21 | youth deer hunting permits that are valid statewide, excluding | ||||||
22 | those counties or portions of counties closed to firearm deer | ||||||
23 | hunting. The Department shall adopt rules to implement the | ||||||
24 | pilot program. Nothing in this paragraph shall be construed to | ||||||
25 | prohibit the Department from issuing Special Hunt Area Permits | ||||||
26 | for the youth-only deer hunting season or establishing, |
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1 | through administrative rule, additional requirements | ||||||
2 | pertaining to the youth-only deer hunting season on | ||||||
3 | Department-owned or Department-managed sites, including | ||||||
4 | site-specific quotas or drawings. The provisions of this | ||||||
5 | paragraph are inoperative on and after January 1, 2023. | ||||||
6 | The standards and specifications for use of guns and bow | ||||||
7 | and arrow for
deer hunting shall be established by | ||||||
8 | administrative rule.
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9 | No person may have in his or her possession any firearm not | ||||||
10 | authorized by
administrative rule for a specific hunting | ||||||
11 | season when taking deer unless in accordance with the Firearm | ||||||
12 | Concealed Carry Act.
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13 | Persons having a firearm deer hunting permit shall be | ||||||
14 | permitted to
take deer only during the period from 1/2 hour | ||||||
15 | before sunrise to
1/2 hour after sunset, and only during those | ||||||
16 | days for which an open season is
established for the taking of | ||||||
17 | deer by use of shotgun, centerfire rifle, handgun, or muzzle
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18 | loading
rifle.
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19 | Persons having an archery deer hunting permit shall be | ||||||
20 | permitted to
take deer only during the period from 1/2 hour | ||||||
21 | before sunrise to 1/2 hour
after sunset, and only during those | ||||||
22 | days for which an open season is
established for the taking of | ||||||
23 | deer by use of bow and arrow.
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24 | It shall be unlawful for any person to take deer by use of | ||||||
25 | dogs,
horses, automobiles, aircraft or other vehicles, or by | ||||||
26 | the use
or aid of bait or baiting of any kind. For the purposes |
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1 | of this Section, "bait" means any material, whether liquid or | ||||||
2 | solid, including food, salt, minerals, and other products, | ||||||
3 | except pure water, that can be ingested, placed, or scattered | ||||||
4 | in such a manner as to attract or lure white-tailed deer. | ||||||
5 | "Baiting" means the placement or scattering of bait to attract | ||||||
6 | deer. An area is considered as baited during the presence
of | ||||||
7 | and for 10 consecutive days following the removal of bait. | ||||||
8 | Nothing in this Section shall prohibit the use of a dog to | ||||||
9 | track wounded deer. Any person using a dog for tracking | ||||||
10 | wounded deer must maintain physical control of the dog at all | ||||||
11 | times by means of a maximum 50 foot lead attached to the dog's | ||||||
12 | collar or harness. Tracking wounded deer is permissible at | ||||||
13 | night, but at no time outside of legal deer hunting hours or | ||||||
14 | seasons shall any person handling or accompanying a dog being | ||||||
15 | used for tracking wounded deer be in possession of any firearm | ||||||
16 | or archery device. Persons tracking wounded deer with a dog | ||||||
17 | during the firearm deer seasons shall wear blaze orange or | ||||||
18 | solid blaze pink color as required. Dog handlers tracking | ||||||
19 | wounded deer with a dog are exempt from hunting license and | ||||||
20 | deer permit requirements so long as they are accompanied by | ||||||
21 | the licensed deer hunter who wounded the deer.
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22 | It shall be unlawful to possess or transport any wild deer | ||||||
23 | which has
been injured or killed in any manner upon a public | ||||||
24 | highway or public
right-of-way of this State unless exempted | ||||||
25 | by administrative rule.
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26 | Persons hunting deer must have gun unloaded and no bow and |
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1 | arrow
device shall be carried with the arrow in the nocked | ||||||
2 | position during
hours when deer hunting is unlawful.
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3 | It shall be unlawful for any person, having taken the | ||||||
4 | legal limit of
deer by gun, to further participate with gun in | ||||||
5 | any deer hunting party.
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6 | It shall be unlawful for any person, having taken the | ||||||
7 | legal limit
of deer by bow and arrow, to further participate | ||||||
8 | with bow and arrow in any
deer hunting party.
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9 | The Department may prohibit upland game hunting during the | ||||||
10 | gun deer
season by administrative rule.
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11 | The Department shall not limit the number of non-resident, | ||||||
12 | either-sex archery deer hunting permits to less than 20,000.
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13 | Any person who violates any of the provisions of this | ||||||
14 | Section,
including administrative rules, shall be guilty of a | ||||||
15 | Class B misdemeanor.
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16 | For the purposes of calculating acreage under this | ||||||
17 | Section, the Department shall, after determining the total | ||||||
18 | acreage of the applicable tract or tracts of land, round | ||||||
19 | remaining fractional portions of an acre greater than or equal | ||||||
20 | to half of an acre up to the next whole acre. | ||||||
21 | For the purposes of taking white-tailed deer, nothing in | ||||||
22 | this Section shall be construed to prevent the manipulation, | ||||||
23 | including mowing or cutting, of standing crops as a normal | ||||||
24 | agricultural or soil stabilization practice, food plots, or | ||||||
25 | normal agricultural practices, including planting, harvesting, | ||||||
26 | and maintenance such as cultivating or the use of products |
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1 | designed for scent only and not capable of ingestion, solid or | ||||||
2 | liquid, placed or scattered, in such a manner as to attract or | ||||||
3 | lure deer. Such manipulation for the purpose of taking | ||||||
4 | white-tailed deer may be further modified by administrative | ||||||
5 | rule. | ||||||
6 | (Source: P.A. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20; | ||||||
7 | 102-237, eff. 1-1-22 .)
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