Illinois Compiled Statutes 520 ILCS 5/3.5 – Penalties; probation
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(a) Any person who violates any of the provisions of Section 2.36a, including administrative rules, shall be guilty of a Class 3 felony, except as otherwise provided in subsection (b) of this Section and subsection (a) of Section 2.36a.
(b) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for, any offense under Section 1.22, 2.36, or 2.36a operating without a permit as prescribed in subsection (b) of Section 2.37 or subsection (i) or (cc) of Section 2.33, the court may, without entering a judgment and with the person’s consent, sentence the person to probation for a violation of Section 2.36a.
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-40, § Ill. Comp. Stat. 730 ILCS 5/5-4.5-55 and § Ill. Comp. Stat. 730 ILCS 5/5-4.5-60
(1) When a person is placed on probation, the court
(b) Whenever any person who has not previously been convicted of, or placed on probation or court supervision for, any offense under Section 1.22, 2.36, or 2.36a operating without a permit as prescribed in subsection (b) of Section 2.37 or subsection (i) or (cc) of Section 2.33, the court may, without entering a judgment and with the person’s consent, sentence the person to probation for a violation of Section 2.36a.
Attorney's Note
Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 3 felony | between 2 and 5 years | up to $25,000 |
| Class A misdemeanor | up to 1 year | up to $2,500 |
| Class B misdemeanor | up to 6 months | up to $1,500 |
Terms Used In Illinois Compiled Statutes 520 ILCS 5/3.5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Circuit clerk: means clerk of the circuit court. See Illinois Compiled Statutes 5 ILCS 70/1.26
- Conviction: A judgement of guilt against a criminal defendant.
- County board: means the board of county commissioners in counties not under township organization, and the board of supervisors in counties under township organization, and the board of commissioners of Cook County. See Illinois Compiled Statutes 5 ILCS 70/1.07
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Statute: A law passed by a legislature.
(1) When a person is placed on probation, the court
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shall enter an order specifying a period of probation of 24 months and shall defer further proceedings in the case until the conclusion of the period or until the filing of a petition alleging violation of a term or condition of probation.
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(2) The conditions of probation shall be that the
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person:
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(A) Not violate any criminal statute of any
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jurisdiction.
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(B) Perform no less than 30 hours of community
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service, provided community service is available in the jurisdiction and is funded and approved by the county board.
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(3) The court may, in addition to other conditions:
(A) Require that the person make a report to and
(A) Require that the person make a report to and
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appear in person before or participate with the court or courts, person, or social service agency as directed by the court in the order of probation.
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(B) Require that the person pay a fine and costs.
(C) Require that the person refrain from
(C) Require that the person refrain from
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possessing a firearm or other dangerous weapon.
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(D) Prohibit the person from associating with any
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person who is actively engaged in any of the activities regulated by the permits issued or privileges granted by the Department of Natural Resources.
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(4) Upon violation of a term or condition of
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probation, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided.
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(5) Upon fulfillment of the terms and conditions of
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probation, the court shall discharge the person and dismiss the proceedings against the person.
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(6) A disposition of probation is considered to be a
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conviction for the purposes of imposing the conditions of probation, for appeal, and for administrative revocation and suspension of licenses and privileges; however, discharge and dismissal under this Section is not a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime.
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(7) Discharge and dismissal under this Section may
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occur only once with respect to any person.
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(8) If a person is convicted of an offense under this
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Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as a factor in aggravation.
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(9) The Circuit Clerk shall notify the Illinois State
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Police of all persons convicted of or placed under probation for violations of Section 2.36a.
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(c) Any person who violates any of the provisions of Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, 2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y), and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19, 3.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5), (g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection (f)), including administrative rules, shall be guilty of a Class B misdemeanor.
A person who violates Section 2.33b by using any computer software or service to remotely control a weapon that takes wildlife by remote operation is guilty of a Class B misdemeanor. A person who violates Section 2.33b by facilitating a violation of Section 2.33b, including an owner of land in which remote control hunting occurs, a computer programmer who designs a program or software to facilitate remote control hunting, or a person who provides weapons or equipment to facilitate remote control hunting, is guilty of a Class A misdemeanor.
Any person who violates any of the provisions of Sections 1.22, 2.2a, 2.3, 2.4, 2.36 and 2.38, including administrative rules, shall be guilty of a Class A misdemeanor. Any second or subsequent violations of Sections 2.4 and 2.36 shall be a Class 4 felony.
Any person who violates any of the provisions of this Act, including administrative rules, during such period when his license, privileges, or permit is revoked or denied by virtue of Section 3.36, shall be guilty of a Class A misdemeanor.
Any person who violates subsection (g), (i), (o), (p), (y), or (cc) of Section 2.33 shall be guilty of a Class A misdemeanor and subject to a fine of no less than $500 and no more than $5,000 in addition to other statutory penalties. In addition, the Department shall suspend the privileges, under this Act, of any person found guilty of violating Section 2.33(cc) for a period of not less than one year.
Any person who operates without a permit in violation subsection (b) of Section 2.37 is guilty of a Class A misdemeanor and subject to a fine of not less than $500. Any other violation of subsection (b) of Section 2.37 including administrative rules is a Class B misdemeanor.
Any person who violates any other of the provisions of this Act including administrative rules, unless otherwise stated, shall be guilty of a petty offense. Offenses committed by minors under the direct control or with the consent of a parent or guardian may subject the parent or guardian to the penalties prescribed in this Section.
In addition to any fines imposed pursuant to the provisions of this Section or as otherwise provided in this Act, any person found guilty of unlawfully taking or possessing any species protected by this Act, shall be assessed a civil penalty for such species in accordance with the values prescribed in Section 2.36a of this Act. This civil penalty shall be imposed by the Circuit Court for the county within which the offense was committed at the time of the conviction. Any person found guilty of violating subsection (b) of Section 2.37 is subject to an additional civil penalty of up to $1,500. All penalties provided for in this Section shall be remitted to the Department in accordance with the same provisions provided for in Section 1.18 of this Act, except that civil penalties collected for violation of Subsection (b) of Section 2.37 shall be remitted to the Department and allocated as follows:
(1) 60% to the Conservation Police Operations
A person who violates Section 2.33b by using any computer software or service to remotely control a weapon that takes wildlife by remote operation is guilty of a Class B misdemeanor. A person who violates Section 2.33b by facilitating a violation of Section 2.33b, including an owner of land in which remote control hunting occurs, a computer programmer who designs a program or software to facilitate remote control hunting, or a person who provides weapons or equipment to facilitate remote control hunting, is guilty of a Class A misdemeanor.
Any person who violates any of the provisions of Sections 1.22, 2.2a, 2.3, 2.4, 2.36 and 2.38, including administrative rules, shall be guilty of a Class A misdemeanor. Any second or subsequent violations of Sections 2.4 and 2.36 shall be a Class 4 felony.
Any person who violates any of the provisions of this Act, including administrative rules, during such period when his license, privileges, or permit is revoked or denied by virtue of Section 3.36, shall be guilty of a Class A misdemeanor.
Any person who violates subsection (g), (i), (o), (p), (y), or (cc) of Section 2.33 shall be guilty of a Class A misdemeanor and subject to a fine of no less than $500 and no more than $5,000 in addition to other statutory penalties. In addition, the Department shall suspend the privileges, under this Act, of any person found guilty of violating Section 2.33(cc) for a period of not less than one year.
Any person who operates without a permit in violation subsection (b) of Section 2.37 is guilty of a Class A misdemeanor and subject to a fine of not less than $500. Any other violation of subsection (b) of Section 2.37 including administrative rules is a Class B misdemeanor.
Any person who violates any other of the provisions of this Act including administrative rules, unless otherwise stated, shall be guilty of a petty offense. Offenses committed by minors under the direct control or with the consent of a parent or guardian may subject the parent or guardian to the penalties prescribed in this Section.
In addition to any fines imposed pursuant to the provisions of this Section or as otherwise provided in this Act, any person found guilty of unlawfully taking or possessing any species protected by this Act, shall be assessed a civil penalty for such species in accordance with the values prescribed in Section 2.36a of this Act. This civil penalty shall be imposed by the Circuit Court for the county within which the offense was committed at the time of the conviction. Any person found guilty of violating subsection (b) of Section 2.37 is subject to an additional civil penalty of up to $1,500. All penalties provided for in this Section shall be remitted to the Department in accordance with the same provisions provided for in Section 1.18 of this Act, except that civil penalties collected for violation of Subsection (b) of Section 2.37 shall be remitted to the Department and allocated as follows:
(1) 60% to the Conservation Police Operations
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Assistance Fund; and
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(2) 40% to the Illinois Habitat Fund.