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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
5Sections 2.25, 2.26, and 2.33 and by adding Section 1.2m-0.5 as
6follows:
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
16rifle; or (ii) as provided by administrative rule, with a bow
17and arrow, during the open season of not more than 14 days
18which will be set annually by the Director between the dates of
19November 1st and December 31st, both inclusive, or a special
203-day, youth-only season between the dates of September 1 and
21October 31. For the purposes of this Section, legal handguns
22and rifles include any bottleneck centerfire cartridge

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1handguns of .30 caliber or larger with a case length not
2exceeding 1.4 inches or any straight walled minimum barrel
3length of 4 inches. The only legal ammunition for a centerfire
4handgun is a cartridge of .30 caliber or larger both of which
5must be available as a load with the published ballistic tables
6of the manufacturer showing a with a capability of at least 500
7foot pounds of energy at the muzzle. The barrel of a handgun
8shall be at least 4 inches. Full metal jacket bullets may not
9be used to harvest deer.
10 The Department shall make administrative rules concerning
11management restrictions applicable to the firearm and bow and
12arrow season.
13 It shall be unlawful for any person to take deer except
14with a bow and arrow during the open season for bow and arrow
15set annually by the Director between the dates of September 1st
16and January 31st, both inclusive.
17 It shall be unlawful for any person to take deer except
18with: (i) a muzzleloading rifle; or (ii) bow and arrow during
19the open season for muzzleloading rifles set annually by the
20Director.
21 The Director shall cause an administrative rule setting
22forth the prescribed rules and regulations, including bag and
23possession limits and those counties of the State where open
24seasons are established, to be published in accordance with
25Sections 1.3 and 1.13 of this Act.
26 The Department may establish separate harvest periods for

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1the purpose of managing or eradicating disease that has been
2found in the deer herd. This season shall be restricted to gun
3or bow and arrow hunting only. The Department shall publicly
4announce, via statewide news release, the season dates and
5shooting hours, the counties and sites open to hunting, permit
6requirements, application dates, hunting rules, legal weapons,
7and reporting requirements.
8 The Department is authorized to establish a separate
9harvest period at specific sites within the State for the
10purpose of harvesting surplus deer that cannot be taken during
11the regular season provided for the taking of deer. This season
12shall be restricted to gun or bow and arrow hunting only and
13shall be established during the period of September 1st to
14February 15th, both inclusive. The Department shall publish
15suitable prescribed rules and regulations established by
16administrative rule pertaining to management restrictions
17applicable to this special harvest program. The Department
18shall allow unused gun deer permits that are left over from a
19regular season for the taking of deer to be rolled over and
20used during any separate harvest period held within 6 months of
21the season for which those tags were issued at no additional
22cost to the permit holder subject to the management
23restrictions applicable to the special harvest program.
24(Source: P.A. 97-907, eff. 8-7-12; 98-368, eff. 8-16-13.)
25 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)

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1 Sec. 2.26. Deer hunting permits. Any person attempting to
2take deer shall first obtain a "Deer Hunting Permit" issued by
3the Department in accordance with its administrative rules.
4Those rules must provide for the issuance of the following
5types of resident deer archery permits: (i) a combination
6permit, consisting of one either-sex permit and one
7antlerless-only permit, (ii) a single antlerless-only permit,
8and (iii) a single either-sex permit. The fee for a Deer
9Hunting Permit to take deer with either bow and arrow or gun
10shall not exceed $25.00 for residents of the State. The
11Department may by administrative rule provide for non-resident
12deer hunting permits for which the fee will not exceed $300 in
132005, $350 in 2006, and $400 in 2007 and thereafter except as
14provided below for non-resident landowners and non-resident
15archery hunters. The Department may by administrative rule
16provide for a non-resident archery deer permit consisting of
17not more than 2 harvest tags at a total cost not to exceed $325
18in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
19fees for a youth resident and non-resident archery deer permit
20shall be the same.
21 The standards and specifications for use of guns and bow
22and arrow for deer hunting shall be established by
23administrative rule.
24 No person may have in his or her possession any firearm not
25authorized by administrative rule for a specific hunting season
26when taking deer.

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1 Persons having a firearm deer hunting permit shall be
2permitted to take deer only during the period from 1/2 hour
3before sunrise to 1/2 hour after sunset, and only during those
4days for which an open season is established for the taking of
5deer by use of shotgun, handgun, rifle, or muzzleloading muzzle
6loading rifle.
7 Persons having an archery deer hunting permit shall be
8permitted to take deer only during the period from 1/2 hour
9before sunrise to 1/2 hour after sunset, and only during those
10days for which an open season is established for the taking of
11deer by use of bow and arrow.
12 It shall be unlawful for any person to take deer by use of
13dogs, horses, automobiles, aircraft or other vehicles, or by
14the use or aid of bait or baiting of any kind. For the purposes
15of this Section, "bait" means any material, whether liquid or
16solid, including food, salt, minerals, and other products,
17except pure water, that can be ingested, placed, or scattered
18in such a manner as to attract or lure white-tailed deer.
19"Baiting" means the placement or scattering of bait to attract
20deer. An area is considered as baited during the presence of
21and for 10 consecutive days following the removal of bait.
22Nothing in this Section shall prohibit the use of a dog to
23track wounded deer. Any person using a dog for tracking wounded
24deer must maintain physical control of the dog at all times by
25means of a maximum 50 foot lead attached to the dog's collar or
26harness. Tracking wounded deer is permissible at night, but at

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1no time outside of legal deer hunting hours or seasons shall
2any person handling or accompanying a dog being used for
3tracking wounded deer be in possession of any firearm or
4archery device. Persons tracking wounded deer with a dog during
5the firearm deer seasons shall wear blaze orange or solid blaze
6pink color as required. Dog handlers tracking wounded deer with
7a dog are exempt from hunting license and deer permit
8requirements so long as they are accompanied by the licensed
9deer hunter who wounded the deer.
10 It shall be unlawful to possess or transport any wild deer
11which has been injured or killed in any manner upon a public
12highway or public right-of-way of this State unless exempted by
13administrative rule.
14 Persons hunting deer must have gun unloaded and no bow and
15arrow device shall be carried with the arrow in the nocked
16position during hours when deer hunting is unlawful.
17 It shall be unlawful for any person, having taken the legal
18limit of deer by gun, to further participate with gun in any
19deer hunting party.
20 It shall be unlawful for any person, having taken the legal
21limit of deer by bow and arrow, to further participate with bow
22and arrow in any deer hunting party.
23 The Department may prohibit upland game hunting during the
24gun deer season by administrative rule.
25 The Department shall not limit the number of non-resident,
26either-sex archery deer hunting permits to less than 20,000.

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1 Any person who violates any of the provisions of this
2Section, including administrative rules, shall be guilty of a
3Class B misdemeanor.
4 For the purposes of calculating acreage under this Section,
5the Department shall, after determining the total acreage of
6the applicable tract or tracts of land, round remaining
7fractional portions of an acre greater than or equal to half of
8an acre up to the next whole acre.
9 For the purposes of taking white-tailed deer, nothing in
10this Section shall be construed to prevent the manipulation,
11including mowing or cutting, of standing crops as a normal
12agricultural or soil stabilization practice, food plots, or
13normal agricultural practices, including planting, harvesting,
14and maintenance such as cultivating or the use of products
15designed for scent only and not capable of ingestion, solid or
16liquid, placed or scattered, in such a manner as to attract or
17lure deer. Such manipulation for the purpose of taking
18white-tailed deer may be further modified by administrative
19rule.
20(Source: P.A. 99-642, eff. 7-28-16; 99-869, eff. 1-1-17;
21100-691, eff. 1-1-19; 100-949, eff. 1-1-19; revised 10-9-18.)
22 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
23 Sec. 2.33. Prohibitions.
24 (a) It is unlawful to carry or possess any gun in any State
25refuge unless otherwise permitted by administrative rule.

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1 (b) It is unlawful to use or possess any snare or
2snare-like device, deadfall, net, or pit trap to take any
3species, except that snares not powered by springs or other
4mechanical devices may be used to trap fur-bearing mammals, in
5water sets only, if at least one-half of the snare noose is
6located underwater at all times.
7 (c) It is unlawful for any person at any time to take a
8wild mammal protected by this Act from its den by means of any
9mechanical device, spade, or digging device or to use smoke or
10other gases to dislodge or remove such mammal except as
11provided in Section 2.37.
12 (d) It is unlawful to use a ferret or any other small
13mammal which is used in the same or similar manner for which
14ferrets are used for the purpose of frightening or driving any
15mammals from their dens or hiding places.
16 (e) (Blank).
17 (f) It is unlawful to use spears, gigs, hooks or any like
18device to take any species protected by this Act.
19 (g) It is unlawful to use poisons, chemicals or explosives
20for the purpose of taking any species protected by this Act.
21 (h) It is unlawful to hunt adjacent to or near any peat,
22grass, brush or other inflammable substance when it is burning.
23 (i) It is unlawful to take, pursue or intentionally harass
24or disturb in any manner any wild birds or mammals by use or
25aid of any vehicle or conveyance, except as permitted by the
26Code of Federal Regulations for the taking of waterfowl. It is

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1also unlawful to use the lights of any vehicle or conveyance or
2any light from or any light connected to the vehicle or
3conveyance in any area where wildlife may be found except in
4accordance with Section 2.37 of this Act; however, nothing in
5this Section shall prohibit the normal use of headlamps for the
6purpose of driving upon a roadway. Striped skunk, opossum, red
7fox, gray fox, raccoon, bobcat, and coyote may be taken during
8the open season by use of a small light which is worn on the
9body or hand-held by a person on foot and not in any vehicle.
10 (j) It is unlawful to use any shotgun larger than 10 gauge
11while taking or attempting to take any of the species protected
12by this Act.
13 (k) It is unlawful to use or possess in the field any
14shotgun shell loaded with a shot size larger than lead BB or
15steel T (.20 diameter) when taking or attempting to take any
16species of wild game mammals (excluding white-tailed deer),
17wild game birds, migratory waterfowl or migratory game birds
18protected by this Act, except white-tailed deer as provided for
19in Section 2.26 and other species as provided for by subsection
20(l) or administrative rule.
21 (l) It is unlawful to take any species of wild game, except
22white-tailed deer and fur-bearing mammals, with a shotgun
23loaded with slugs unless otherwise provided for by
24administrative rule.
25 (m) It is unlawful to use any shotgun capable of holding
26more than 3 shells in the magazine or chamber combined, except

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

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

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1hearsay rule when offered for the purpose of showing the
2required notice.
3 (u) It is unlawful for any person to discharge any firearm
4for the purpose of taking any of the species protected by this
5Act, or hunt with gun or dog, or intentionally or wantonly
6allow a dog to hunt, within 300 yards of an inhabited dwelling
7without first obtaining permission from the owner or tenant,
8except that while trapping, hunting with bow and arrow, hunting
9with dog and shotgun using shot shells only, or hunting with
10shotgun using shot shells only, or providing outfitting
11services under a waterfowl outfitter permit, or on licensed
12game breeding and hunting preserve areas, as defined in Section
133.27, on federally owned and managed lands and on Department
14owned, managed, leased, or controlled lands, a 100 yard
15restriction shall apply.
16 (v) It is unlawful for any person to remove fur-bearing
17mammals from, or to move or disturb in any manner, the traps
18owned by another person without written authorization of the
19owner to do so.
20 (w) It is unlawful for any owner of a dog to knowingly or
21wantonly allow his or her dog to pursue, harass or kill deer,
22except that nothing in this Section shall prohibit the tracking
23of wounded deer with a dog in accordance with the provisions of
24Section 2.26 of this Code.
25 (x) It is unlawful for any person to wantonly or carelessly
26injure or destroy, in any manner whatsoever, any real or

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

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1breeders, pursuant to Section 2.29 to import, carry into, or
2possess alive in this State any species of wildlife taken
3outside of this State, without obtaining permission to do so
4from the Director.
5 (cc) It is unlawful for any person to have in his or her
6possession any freshly killed species protected by this Act
7during the season closed for taking.
8 (dd) It is unlawful to take any species protected by this
9Act and retain it alive except as provided by administrative
10rule.
11 (ee) (Blank). It is unlawful to possess any rifle while in
12the field during gun deer season except as provided in Section
132.26 and administrative rules.
14 (ff) It is unlawful for any person to take any species
15protected by this Act, except migratory waterfowl, during the
16gun deer hunting season in those counties open to gun deer
17hunting, unless he or she wears, when in the field, a cap and
18upper outer garment of a solid blaze orange color or solid
19blaze pink color, with such articles of clothing displaying a
20minimum of 400 square inches of blaze orange or solid blaze
21pink color material.
22 (gg) It is unlawful during the upland game season for any
23person to take upland game with a firearm unless he or she
24wears, while in the field, a cap of solid blaze orange color or
25solid blaze pink color. For purposes of this Act, upland game
26is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked

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1Pheasant, Eastern Cottontail and Swamp Rabbit.
2 (hh) It shall be unlawful to kill or cripple any species
3protected by this Act for which there is a bag limit without
4making a reasonable effort to retrieve such species and include
5such in the bag limit. It shall be unlawful for any person
6having control over harvested game mammals, game birds, or
7migratory game birds for which there is a bag limit to wantonly
8waste or destroy the usable meat of the game, except this shall
9not apply to wildlife taken under Sections 2.37 or 3.22 of this
10Code. For purposes of this subsection, "usable meat" means the
11breast meat of a game bird or migratory game bird and the hind
12ham and front shoulders of a game mammal. It shall be unlawful
13for any person to place, leave, dump, or abandon a wildlife
14carcass or parts of it along or upon a public right-of-way or
15highway or on public or private property, including a waterway
16or stream, without the permission of the owner or tenant. It
17shall not be unlawful to discard game meat that is determined
18to be unfit for human consumption.
19 (ii) This Section shall apply only to those species
20protected by this Act taken within the State. Any species or
21any parts thereof, legally taken in and transported from other
22states or countries, may be possessed within the State, except
23as provided in this Section and Sections 2.35, 2.36 and 3.21.
24 (jj) (Blank).
25 (kk) Nothing contained in this Section shall prohibit the
26Director from issuing permits to paraplegics or to other

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1persons with disabilities who meet the requirements set forth
2in administrative rule to shoot or hunt from a vehicle as
3provided by that rule, provided that such is otherwise in
4accord with this Act.
5 (ll) Nothing contained in this Act shall prohibit the
6taking of aquatic life protected by the Fish and Aquatic Life
7Code or birds and mammals protected by this Act, except deer
8and fur-bearing mammals, from a boat not camouflaged or
9disguised to alter its identity or to further provide a place
10of concealment and not propelled by sail or mechanical power.
11However, only shotguns not larger than 10 gauge nor smaller
12than .410 bore loaded with not more than 3 shells of a shot
13size no larger than lead BB or steel T (.20 diameter) may be
14used to take species protected by this Act.
15 (mm) Nothing contained in this Act shall prohibit the use
16of a shotgun, not larger than 10 gauge nor smaller than a 20
17gauge, with a rifled barrel.
18 (nn) It shall be unlawful to possess any species of
19wildlife or wildlife parts taken unlawfully in Illinois, any
20other state, or any other country, whether or not the wildlife
21or wildlife parts is indigenous to Illinois. For the purposes
22of this subsection, the statute of limitations for unlawful
23possession of wildlife or wildlife parts shall not cease until
242 years after the possession has permanently ended.
25(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
26eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. 1-1-19.)