(720 ILCS 125/0.01)(from Ch. 61, par. 300) Sec. 0.01. Short title. This Act may be cited as the
Hunter Interference Prohibition Act. (Source: P.A. 86‑1324.)
(720 ILCS 125/1)(from Ch. 61, par. 301) Sec. 1. Definitions. As used in this Act: "Interfere with" means to take any action that physically impedes, hinders,
or obstructs the lawful taking of a wild animal. "Wild animal" means any wild creature the taking of which is
authorized
by the Fish and Aquatic Life Code or the wildlife, fish, and game laws
of this State and includes those species that are lawfully
released by properly licensed permittees of the Department of Natural
Resources. "Taking" means the capture or killing of a wild animal and
includes
travel, camping, and other acts preparatory to taking which occur on lands
or waters upon which the affected person has the right or privilege to take
such wild animal. (Source: P.A. 90‑555, eff. 12‑12‑97.)
(720 ILCS 125/2)(from Ch. 61, par. 302) Sec. 2. Any person who performs any of the following is guilty of a
Class B misdemeanor: (a) Wilfully obstructs or interferes with the lawful taking of
wild animals by another person with the specific
intent to prevent that lawful taking. (b) (Blank). (c) (Blank). (d) (Blank). A person violates this Section when he or she intentionally or knowingly
engages in any of the following acts: (1) Drives or disturbs wild animals for the purpose
of disrupting a lawful taking of wild animals.
(2) Blocks, impedes, or physically harasses another
person who is engaged in the process of lawfully taking a wild animal.
(3) Uses natural or artificial visual, aural,
olfactory, gustatory, or physical stimuli to affect animal behavior in order to hinder or prevent the lawful taking of a wild animal.
(4) Erects barriers with the intent to deny ingress
or egress to or from areas where the lawful taking of wild animals may occur.
(5) Intentionally interjects himself or herself into
the line of fire of a person lawfully taking wild animals.
(6) Affects the physical condition or placement of
personal or public property intended for use in the lawful taking of a wild animal in order to impair the usefulness of the property or prevent the use of the property.
(7) Enters or remains upon or over private lands
without the permission of the owner or the owner's agent, with the intent to violate this Section.
This Section does not apply to actions performed by authorized employees of
the Department of Natural Resources, duly accredited officers of the U.S. Fish
and Wildlife Service, sheriffs, deputy sheriffs, or other peace officers if the
actions are authorized by law and are necessary for the performance of their
official duties. This Section does not apply to landowners, tenants, or lease holders
exercising their legal rights to the enjoyment of land, including, but not
limited to, farming and restricting trespass. It is an affirmative defense to a prosecution for a violation of this
Section that the defendant's conduct is protected by his or her right to
freedom of speech under the constitution of this State or the United States. Any interested parties may engage in protests or other free speech activities
adjacent to or on the perimeter of the location where the lawful taking of wild
animals is taking place, provided that none of the provisions of this Section
are being violated. (Source: P.A. 90‑555, eff. 12‑12‑97.)
(720 ILCS 125/3)(from Ch. 61, par. 303) Sec. 3. Any person who knowingly performs any of the following acts is
guilty of a Class A misdemeanor: (a) Fails to obey the order of a peace officer to desist from conduct
in violation of Section 2 of this Act if the officer observes such conduct,
or has reasonable grounds to believe that the person has engaged in such
conduct that day or that the person plans or intends to engage in such conduct
that day on a specific premises. (b) Is guilty of a second or subsequent violation of
Section 2. For
purposes of this Section, a "second or subsequent violation" means a conviction
under this Act within 2 years of a prior violation arising from a separate set
of circumstances. The sentence of any person convicted of a second or
subsequent violation shall include imprisonment for not less than 7 days. A
person guilty of a second or subsequent violation is not
eligible for court
supervision. (Source: P.A. 90‑555, eff. 12‑12‑97.)
(720 ILCS 125/4)(from Ch. 61, par. 304) Sec. 4. (a) Any court may enjoin conduct which would be in violation
of Section 2 of this Act upon petition by a person affected or who reasonably
may be affected by such conduct, upon a showing that such conduct is threatened
or that it has occurred on a particular premises in the past and that it
is not unreasonable to expect that under similar circumstances it will be
repeated. (b) A court shall award all resulting costs and damages to any person
adversely affected by a violation of Section 2, which may include an award for
punitive damages. In addition to other items of special damage, the measure of
damages may include expenditures of the affected person for license and permit
fees, travel, guides, special equipment and supplies, to the extent that such
expenditures were rendered futile by prevention of the taking of a wild animal. (c) A court shall revoke, for a period of one year to 5 years, any Illinois
hunting, fishing, or trapping privilege, license or permit of any person
convicted of violating any provision of this Act. (Source: P.A. 88‑397.)
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