101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2783

Introduced , by Rep. Andrew S. Chesney

SYNOPSIS AS INTRODUCED:
520 ILCS 5/1.2m-0.5 new
520 ILCS 5/2.25 from Ch. 61, par. 2.25
520 ILCS 5/2.26 from Ch. 61, par. 2.26
520 ILCS 5/2.32a new
520 ILCS 5/2.33 from Ch. 61, par. 2.33

Amends the Wildlife Code. Permits hunting with a rifle for the taking of deer. Provides that rifle hunting permits issued by the Department of Natural Resources shall be approved by county ordinance. Provides that notwithstanding any provision of the Code, it is unlawful to take a deer with a rifle in a county of the State with a population of 500,000 or more. Defines "rifle" as any firearm designed, made, or adapted to be fired from the shoulder that uses the energy of an explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger.
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A BILL FOR

HB2783LRB101 08823 SLF 53912 b
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 2.6, 2.7, 2.11, 2.13, 2.25, 2.26, 2.27, 2.28, and 2.33
6and by adding Sections 1.2m-0.5 and 2.32a 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
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
22include any centerfire handguns of .30 caliber or larger with a

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

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

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1types of resident deer archery permits: (i) a combination
2permit, consisting of one either-sex permit and one
3antlerless-only permit, (ii) a single antlerless-only permit,
4and (iii) a single either-sex permit. The fee for a Deer
5Hunting Permit to take deer with either bow and arrow or gun
6shall not exceed $25.00 for residents of the State. The
7Department may by administrative rule provide for non-resident
8deer hunting permits for which the fee will not exceed $300 in
92005, $350 in 2006, and $400 in 2007 and thereafter except as
10provided below for non-resident landowners and non-resident
11archery hunters. The Department may by administrative rule
12provide for a non-resident archery deer permit consisting of
13not more than 2 harvest tags at a total cost not to exceed $325
14in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
15fees for a youth resident and non-resident archery deer permit
16shall be the same.
17 The standards and specifications for use of guns and bow
18and arrow for deer hunting shall be established by
19administrative rule.
20 No person may have in his or her possession any firearm not
21authorized by administrative rule for a specific hunting season
22when taking deer.
23 Persons having a firearm deer hunting permit shall be
24permitted to take deer only during the period from 1/2 hour
25before sunrise to 1/2 hour after sunset, and only during those
26days for which an open season is established for the taking of

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1deer by use of shotgun, handgun, rifle, or muzzleloading muzzle
2loading rifle.
3 Persons having an archery deer hunting permit shall be
4permitted to take deer only during the period from 1/2 hour
5before sunrise to 1/2 hour after sunset, and only during those
6days for which an open season is established for the taking of
7deer by use of bow and arrow.
8 It shall be unlawful for any person to take deer by use of
9dogs, horses, automobiles, aircraft or other vehicles, or by
10the use or aid of bait or baiting of any kind. For the purposes
11of this Section, "bait" means any material, whether liquid or
12solid, including food, salt, minerals, and other products,
13except pure water, that can be ingested, placed, or scattered
14in such a manner as to attract or lure white-tailed deer.
15"Baiting" means the placement or scattering of bait to attract
16deer. An area is considered as baited during the presence of
17and for 10 consecutive days following the removal of bait.
18Nothing in this Section shall prohibit the use of a dog to
19track wounded deer. Any person using a dog for tracking wounded
20deer must maintain physical control of the dog at all times by
21means of a maximum 50 foot lead attached to the dog's collar or
22harness. Tracking wounded deer is permissible at night, but at
23no time outside of legal deer hunting hours or seasons shall
24any person handling or accompanying a dog being used for
25tracking wounded deer be in possession of any firearm or
26archery device. Persons tracking wounded deer with a dog during

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

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1the Department shall, after determining the total acreage of
2the applicable tract or tracts of land, round remaining
3fractional portions of an acre greater than or equal to half of
4an acre up to the next whole acre.
5 For the purposes of taking white-tailed deer, nothing in
6this Section shall be construed to prevent the manipulation,
7including mowing or cutting, of standing crops as a normal
8agricultural or soil stabilization practice, food plots, or
9normal agricultural practices, including planting, harvesting,
10and maintenance such as cultivating or the use of products
11designed for scent only and not capable of ingestion, solid or
12liquid, placed or scattered, in such a manner as to attract or
13lure deer. Such manipulation for the purpose of taking
14white-tailed deer may be further modified by administrative
15rule.
16(Source: P.A. 99-642, eff. 7-28-16; 99-869, eff. 1-1-17;
17100-691, eff. 1-1-19; 100-949, eff. 1-1-19; revised 10-9-18.)
18 (520 ILCS 5/2.32a new)
19 Sec. 2.32a. Rifle hunting requirements. Rifle hunting
20permits issued by the Department shall be approved by county
21ordinance. Notwithstanding any provision of this Code to the
22contrary, it is unlawful to take a deer with a rifle in a
23county of this State with a population of 500,000 or more.
24 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)

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1 Sec. 2.33. Prohibitions.
2 (a) It is unlawful to carry or possess any gun in any State
3refuge unless otherwise permitted by administrative rule.
4 (b) It is unlawful to use or possess any snare or
5snare-like device, deadfall, net, or pit trap to take any
6species, except that snares not powered by springs or other
7mechanical devices may be used to trap fur-bearing mammals, in
8water sets only, if at least one-half of the snare noose is
9located underwater at all times.
10 (c) It is unlawful for any person at any time to take a
11wild mammal protected by this Act from its den by means of any
12mechanical device, spade, or digging device or to use smoke or
13other gases to dislodge or remove such mammal except as
14provided in Section 2.37.
15 (d) It is unlawful to use a ferret or any other small
16mammal which is used in the same or similar manner for which
17ferrets are used for the purpose of frightening or driving any
18mammals from their dens or hiding places.
19 (e) (Blank).
20 (f) It is unlawful to use spears, gigs, hooks or any like
21device to take any species protected by this Act.
22 (g) It is unlawful to use poisons, chemicals or explosives
23for the purpose of taking any species protected by this Act.
24 (h) It is unlawful to hunt adjacent to or near any peat,
25grass, brush or other inflammable substance when it is burning.
26 (i) It is unlawful to take, pursue or intentionally harass

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

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1administrative rule.
2 (m) It is unlawful to use any shotgun capable of holding
3more than 3 shells in the magazine or chamber combined, except
4on game breeding and hunting preserve areas licensed under
5Section 3.27 and except as permitted by the Code of Federal
6Regulations for the taking of waterfowl. If the shotgun is
7capable of holding more than 3 shells, it shall, while being
8used on an area other than a game breeding and shooting
9preserve area licensed pursuant to Section 3.27, be fitted with
10a one piece plug that is irremovable without dismantling the
11shotgun or otherwise altered to render it incapable of holding
12more than 3 shells in the magazine and chamber, 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 be
20carried on horseback while not contained in a case, or to have
21or carry any bow or arrow device in or on any vehicle unless
22such bow or arrow device is unstrung or enclosed in a case, or
23otherwise made inoperable.
24 (o) (Blank).
25 (p) It is unlawful to take game birds, migratory game birds
26or migratory waterfowl with a rifle, pistol, revolver or

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

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1notice from the owner or the owner's designee of a violation of
2this Section. Statements made to the law enforcement officer
3regarding this notice shall not be rendered inadmissible by the
4hearsay rule when offered for the purpose of showing the
5required 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 intentionally or wantonly
9allow a dog to hunt, within 300 yards of an inhabited dwelling
10without first obtaining permission from the owner or tenant,
11except that while trapping, hunting with bow and arrow, hunting
12with dog and shotgun using shot shells only, or hunting with
13shotgun using shot shells only, or providing outfitting
14services under a waterfowl outfitter permit, or on licensed
15game breeding and hunting preserve areas, as defined in Section
163.27, on federally owned and managed lands and on Department
17owned, managed, leased, or controlled lands, a 100 yard
18restriction shall apply.
19 (v) It is unlawful for any person to remove fur-bearing
20mammals from, or to move or disturb in any manner, the traps
21owned by another person without written authorization of the
22owner to do so.
23 (w) It is unlawful for any owner of a dog to knowingly or
24wantonly allow his or her dog to pursue, harass or kill deer,
25except that nothing in this Section shall prohibit the tracking
26of wounded deer with a dog in accordance with the provisions of

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

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1be used for tree climbing or cutting, while hunting fur-bearing
2mammals, excluding coyotes.
3 (bb) It is unlawful for any person, except licensed game
4breeders, pursuant to Section 2.29 to import, carry into, or
5possess alive in this State any species of wildlife taken
6outside of this State, without obtaining permission to do so
7from the Director.
8 (cc) It is unlawful for any person to have in his or her
9possession any freshly killed species protected by this Act
10during the season closed for taking.
11 (dd) It is unlawful to take any species protected by this
12Act and retain it alive except as provided by administrative
13rule.
14 (ee) (Blank). It is unlawful to possess any rifle while in
15the field during gun deer season except as provided in Section
162.26 and administrative rules.
17 (ff) It is unlawful for any person to take any species
18protected by this Act, except migratory waterfowl, during the
19gun deer hunting season in those counties open to gun deer
20hunting, unless he or she wears, when in the field, a cap and
21upper outer garment of a solid blaze orange color or solid
22blaze pink color, with such articles of clothing displaying a
23minimum of 400 square inches of blaze orange or solid blaze
24pink color material.
25 (gg) It is unlawful during the upland game season for any
26person to take upland game with a firearm unless he or she

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1wears, while in the field, a cap of solid blaze orange color or
2solid blaze pink color. For purposes of this Act, upland game
3is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
4Pheasant, Eastern Cottontail and Swamp Rabbit.
5 (hh) It shall be unlawful to kill or cripple any species
6protected by this Act for which there is a bag limit without
7making a reasonable effort to retrieve such species and include
8such in the bag limit. It shall be unlawful for any person
9having control over harvested game mammals, game birds, or
10migratory game birds for which there is a bag limit to wantonly
11waste or destroy the usable meat of the game, except this shall
12not apply to wildlife taken under Sections 2.37 or 3.22 of this
13Code. For purposes of this subsection, "usable meat" means the
14breast meat of a game bird or migratory game bird and the hind
15ham and front shoulders of a game mammal. It shall be unlawful
16for any person to place, leave, dump, or abandon a wildlife
17carcass or parts of it along or upon a public right-of-way or
18highway or on public or private property, including a waterway
19or stream, without the permission of the owner or tenant. It
20shall not be unlawful to discard game meat that is determined
21to be unfit for human consumption.
22 (ii) This Section shall apply only to those species
23protected by this Act taken within the State. Any species or
24any parts thereof, legally taken in and transported from other
25states or countries, may be possessed within the State, except
26as provided in this Section and Sections 2.35, 2.36 and 3.21.

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1 (jj) (Blank).
2 (kk) Nothing contained in this Section shall prohibit the
3Director from issuing permits to paraplegics or to other
4persons with disabilities who meet the requirements set forth
5in administrative rule to shoot or hunt from a vehicle as
6provided by that rule, provided that such is otherwise in
7accord with this Act.
8 (ll) Nothing contained in this Act shall prohibit the
9taking of aquatic life protected by the Fish and Aquatic Life
10Code or birds and mammals protected by this Act, except deer
11and fur-bearing mammals, from a boat not camouflaged or
12disguised to alter its identity or to further provide a place
13of concealment and not propelled by sail or mechanical power.
14However, only shotguns not larger than 10 gauge nor smaller
15than .410 bore loaded with not more than 3 shells of a shot
16size no larger than lead BB or steel T (.20 diameter) may be
17used to take species protected by this Act.
18 (mm) Nothing contained in this Act shall prohibit the use
19of a shotgun, not larger than 10 gauge nor smaller than a 20
20gauge, with a rifled barrel.
21 (nn) It shall be unlawful to possess any species of
22wildlife or wildlife parts taken unlawfully in Illinois, any
23other state, or any other country, whether or not the wildlife
24or wildlife parts is indigenous to Illinois. For the purposes
25of this subsection, the statute of limitations for unlawful
26possession of wildlife or wildlife parts shall not cease until

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12 years after the possession has permanently ended.
2(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
3eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. 1-1-19.)