2023 Illinois Compiled Statutes › Chapter 510 - ANIMALS › 510 ILCS 68/ - Herptiles-Herps Act › Article 105 - General Provisions

(510 ILCS 68/Art. 105 heading)
ARTICLE 105.  GENERAL PROVISIONS
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/105-5)
Sec. 105-5. Administrative rules. The Department is authorized to adopt administrative rules for carrying out, administering, and enforcing the provisions of this Act.  The administrative rules shall be adopted in accordance with the Illinois Administrative Procedure Act.
Rules, after becoming effective, shall be enforced in the same manner as other provisions of this Act.  It is unlawful for any person to violate any provision of any administrative rule adopted by the Department.  Violators of administrative rules are subject to the penalties in this Act.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/105-10)
Sec. 105-10. Conservation of herptiles. The Department shall take all measures necessary for the conservation, distribution, introduction, and restoration of herptiles.  The Department shall also bring or cause to be brought actions and proceedings, in the name and by the authority of the People of the State of Illinois, to enforce this Act, including administrative rules, and to recover any and all fines and penalties provided for in this Act.  The Department is authorized to cooperate with the appropriate Departments of the federal government and other Departments or agencies of State government and educational institutions in conducting surveys, experiments, or work of joint interest or benefit.
(Source: P.A. 102-315, eff. 1-1-22.)
(510 ILCS 68/105-15)
Sec. 105-15. Peace officers. All employees of the Department authorized by the Director shall have the power of, and shall be, peace officers in the enforcement of this Act, including administrative rules, and may carry weapons as may be necessary in the performance of his or her duties.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/105-20)
Sec. 105-20. Arrests; warrants. All authorized employees of the Department and all sheriffs, deputy sheriffs, and other police officers shall arrest any person detected in violation of any of the provisions of this Act, including administrative rules.  Any duly accredited officer of the federal Fish and Wildlife Service and U.S. Forest Service may arrest any person detected in violation of any of the provisions of this Act, including administrative rules.
All officers shall make prompt investigation of any violation of this Act, including administrative rules, reported by any other persons and shall cause a complaint to be filed when there seems just ground for a complaint and evidence procurable to support the complaint.
Upon the filing of a complaint, the officers shall render assistance in the prosecution of the party against whom the complaint is made.
Peace officers, other than employees of the Department, making arrests and serving warrants provided for by this Act shall receive the fees and mileage as provided for by law for sheriffs.
Each duly accredited officer and authorized employee of the Department is empowered to execute and serve all warrants and processes issued by the circuit court.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/105-25)
Sec. 105-25. Prosecutions; State's Attorneys. All prosecutions shall be brought in the name and by the authority of the People of the State of Illinois before the circuit court for the county where the offense was committed.
All State's Attorneys shall enforce the provisions of this Act, including administrative rules, in his or her respective county and shall prosecute all persons charged with violating its provisions when requested by the Department.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/105-30)
Sec. 105-30. Statute of limitations.   All prosecutions under this Act shall be commenced within 3 years after the commission of the offense if it is a felony, or within one year and 6 months after its commission if it is a misdemeanor.
(Source: P.A. 102-315, eff. 1-1-22.)
(510 ILCS 68/105-35)
Sec. 105-35. Collection of fines.   All fines provided for by this Act shall be collected and remitted to the Illinois Wildlife Preservation Fund, within 30 days after the collection of the fine, by the clerk of the circuit court collecting the fines who shall submit at the same time to the Department a statement of the names of the persons so fined and the name of the arresting officer, the offense committed, the amount of the fine, and the date of the conviction.
(Source: P.A. 102-315, eff. 1-1-22; 103-363, eff. 7-28-23.)
(510 ILCS 68/105-40)
Sec. 105-40. Power of entry and examination; access to lands and waters.   Authorized employees of the Department are empowered, under law, to enter all lands and waters to enforce the provisions of this Act.  Authorized employees are further empowered to examine all buildings, private or public clubs (except dwellings), fish markets, cold storage houses, locker plants, reptile shows, pet stores, camps, vessels, cars (except sealed railroad cars or other sealed common carriers), conveyances, vehicles, watercraft, or any other means of transportation or shipping, tents, bags, game bags, or other receptacles and to open any box, barrel, package, or other receptacle in the possession of a common carrier, that they have reason to believe contains a herptile or any part of a herptile taken, bought, sold or bartered, shipped, or had in possession contrary to this Act, including administrative rules, or that the receptacle containing the herptile is falsely labeled.
Authorized employees of the Department shall be given free access to and shall not be hindered or interfered with in making an entry and examination and any permit issued by the Department that is held by the person preventing such free access or interfering with or hindering such authorized employee shall be subject to confiscation by the Department. The Department shall not issue any permit to a person who prevented free access or interfered with or hindered an employee for the period of one year after his or her action.
Employees of the Department, as specifically authorized by the Director, are empowered to enter all lands and waters for the purpose of herptile investigations, State and federal permit inspections, as well as herptile censuses or inventories, and are further empowered to conduct examination of equipment and devices in the field, under law, to ensure compliance with this Act.
(Source: P.A. 102-315, eff. 1-1-22.)
(510 ILCS 68/105-45)
Sec. 105-45. Obstructing an officer.   It shall be unlawful for any person to resist or obstruct any officer or employee of the Department in the discharge of his or her duties under this Act.  Any person who violates this provision is guilty of a Class A misdemeanor.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/105-50)
Sec. 105-50. Posing as an officer or employee.  It shall be unlawful for any person to represent himself or herself falsely to be an officer or employee of the Department or to assume to act as an officer or employee of the Department without having been duly appointed and employed.  Any person who violates this provision is guilty of a Class A misdemeanor.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/105-55)
Sec. 105-55. Illegal collecting devices; public nuisance.   Every collecting device, including seines, nets, traps, pillowcases, bags, snake hooks or tongs, or any electrical device or any other devices including vehicles or conveyance, watercraft, or aircraft used or operated illegally or attempted to be used or operated illegally by any person in taking, transporting, holding, or conveying any herptile life or any part or parts of a herptile, contrary to this Act, including administrative rules, shall be deemed a public nuisance and therefore illegal and subject to seizure and confiscation by any authorized employee of the Department.  Upon the seizure of this item, the Department shall take and hold the item until disposed of as provided in this Act.
Upon the seizure of any device because of its illegal use, the officer or authorized employee of the Department making the seizure shall, as soon as reasonably possible, cause a complaint to be filed before the circuit court and a summons to be issued requiring the owner or person in possession of the property to appear in court and show cause why the device seized should not be forfeited to the State.  Upon the return of the summons duly served or upon posting or publication of notice as provided in this Act, the court shall proceed to determine the question of the illegality of the use of the seized property.  Upon judgment being entered that the property was illegally used, an order shall be entered providing for the forfeiture of the seized property to the State.  The owner of the property may have a jury determine the illegality of its use and shall have the right of an appeal as in other civil cases.  Confiscation or forfeiture shall not preclude or mitigate against prosecution and assessment of penalties provided in this Act.
Upon seizure of any property under circumstances supporting a reasonable belief that the property was abandoned, lost, stolen, or otherwise illegally possessed or used contrary to this Act, except property seized during a search or arrest, and ultimately returned, destroyed, or otherwise disposed of under order of a court in accordance with this Act, the authorized employee of the Department shall make reasonable inquiry and efforts to identify and notify the owner or other person entitled to possession of the property and shall return the property after the person provides reasonable and satisfactory proof of his or her ownership or right to possession and reimburses the Department for all reasonable expenses of custody.  If the identity or location of the owner or other person entitled to possession of the property has not been ascertained within 6 months after the Department obtains possession, the Department shall effectuate the sale of the property for cash to the highest bidder at a public auction.  The owner or other person entitled to possession of the property may claim and recover possession of the property at any time before its sale at public auction upon providing reasonable and satisfactory proof of ownership or right of possession and reimbursing the Department for all reasonable expenses of custody.
Any property forfeited to the State by court order under this Section may be disposed of by public auction, except that any property that is the subject of a court order shall not be disposed of pending appeal of the order.  The proceeds of the sales at auction shall be deposited in the Illinois Wildlife Preservation Fund.
The Department shall pay all costs of posting or publication of notices required by this Section.
Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.
(Source: P.A. 102-315, eff. 1-1-22; 103-363, eff. 7-28-23.)
(510 ILCS 68/105-60)
Sec. 105-60. Violations; separate offenses.   Each act of pursuing, taking, shipping, offered or received for shipping, offering or receiving for shipment, transporting, buying, selling or bartering, or having in one's possession any protected herptile or any part or parts of a herptile, seines, nets, bags, snake hooks or tongs, or other devices used or to be used in violation of this Act, including administrative rules, constitutes a separate offense.
(Source: P.A. 102-315, eff. 1-1-22.)
(510 ILCS 68/105-65)
Sec. 105-65. Accessory to violation; accountability.
(a) Any person who aids in or contributes in any way to a violation of this Act, including administrative rules, is individually liable, as a separate offense under this Act, for the penalties imposed against the person who committed the violation.
(b) Accountability for any person who aids or contributes in any way to a misdemeanor or felony violation of this Act shall be determined according to the provisions under Section 5-2 of the Criminal Code of 2012.
(Source: P.A. 102-315, eff. 1-1-22.)
(510 ILCS 68/105-70)
Sec. 105-70. Permit fraudulently obtained.   No person shall at any time:
(1)  falsify, alter, or change in any manner, or     provide deceptive or false information required for any permit issued under the provisions of this Act;
(2)  falsify any record required by this Act;
(3)  counterfeit any form of permit provided for by     this Act;
(4)  loan or transfer to another person any permit     issued under this Act; or
(5)  use any permit issued to another person under     this Act.
It is unlawful to possess any permit issued under the provisions of this Act that was fraudulently obtained or which the person or permittee knew, or should have known, was falsified, altered, changed in any manner, or fraudulently obtained.
The Department shall revoke all permits and suspend all privileges under this Act of any person violating this Section for a period of not less than 3 years.  The procedures for suspension under this Section shall be as provided for in administrative rule.  Anyone who violates a provision of this Section shall be guilty of a Class A misdemeanor.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/105-75)
Sec. 105-75. Illinois Wildlife Preservation Fund; disposition of money received.   All fees, fines, income of whatever kind or nature derived from herptile activities regulated by this Act on lands, waters, or both under the jurisdiction or control of the Department and all penalties collected under this Act shall be deposited into the State treasury and shall be set apart in a special fund known as the Illinois Wildlife Preservation Fund.
(Source: P.A. 102-315, eff. 1-1-22; 103-363, eff. 7-28-23.)
(510 ILCS 68/105-80)
Sec. 105-80. Ownership and title of wild indigenous reptiles and amphibians.   The ownership of and title to all wild indigenous herptile life within the boundaries of the State are hereby declared to be in the State and no wild indigenous herptile life shall be taken or killed, in any manner or at any time, unless the person or persons taking or killing the wild indigenous reptile and amphibian life shall consent that the title to the wild indigenous  herptile life shall be and remain in the State for the purpose of regulating the taking, killing, possession, use, sale, and transportation of wild indigenous herptile reptile and amphibian life after taking or killing, as set forth in this Act.
(Source: P.A. 102-315, eff. 1-1-22.)
(510 ILCS 68/105-85)
Sec. 105-85. Application.   This Act shall apply to reptile and amphibian life or any part of reptile and amphibian life (i) in or from any of the waters or lands wholly within the boundaries of the State or over which the State has concurrent jurisdiction with any other state or (ii) which may be possessed in or brought into the State.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/105-90)
Sec. 105-90. Taking on private property.   It is unlawful for any person to take or attempt to take any species of reptile or amphibian, or parts thereof, within or upon the land of another, or upon waters flowing over or standing on the land 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) the legal or common description of property for which the 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 reptiles or amphibians, or parts thereof, and (iii) the owner's notarized signature.  Any person who violates this Section shall be guilty of a Class B misdemeanor.
(Source: P.A. 102-315, eff. 1-1-22.)
(510 ILCS 68/105-95)
Sec. 105-95. Financial value of herptiles.
(a) For purposes of this Act, replacement cost shall be used to determine the financial value of the herptile species protected by this Act, but in no case shall the minimum value of any species protected under this Act be less than the following:
(1) for processed turtle parts, $8 for each pound or     fraction of a pound;  for each non-processed turtle, $15 per whole turtle;
(2) for frogs, toads, salamanders, lizards, and     snakes, $5 per herptile, in whole or in part, unless specified as a special use herptile;
(3) for any special use herptile, the value shall be     $250 per special use herptile;
(4) for any endangered or threatened herptile, the     value shall be $150 per endangered or threatened.
(5) (Blank).
(b) (Blank).
(Source: P.A. 102-315, eff. 1-1-22.)
(510 ILCS 68/105-100)
Sec. 105-100. Home rule.  A municipality or county may adopt an ordinance governing amphibian and reptile species that is more restrictive than this Act.
(Source: P.A. 98-752, eff. 1-1-15.)