REVOCATIONS/SUSPENSIONS FOR VIOLATIONS

POINT SYSTEM

On July 6, 2004 several changes to the point system for license revocations/privilege suspensions went into effect. The changes are indicated in the shaded areas, and apply to violations occurring on or after July 6, 2004. 

APPLICATION WITHIN ACTS

POINTS

GROUPS

The point system applies to revocations/suspensions authorized under the following conservation laws:

Fish and Aquatic Life Code

(515 ILCS 5)

Wildlife Code

(520 ILCS 5)

Endangered Species Protection Act

(520 ILCS 10)

Timber Buyers Licensing Act

(225 ILCS 735)

Ginseng Harvesting Act

(525 ILCS 20)

or any similar federal statutes or rules.

Each time a person is found guilty by a circuit court of the State of Illinois (including supervision or conditional discharge) or by a U.S. District Court in an Illinois District, the specific number of points assigned to such violation shall be charged against that person.

Petty Offense = 3 points

Class C Misdemeanor = 6 points 

Class B Misdemeanor = 9 points

Class A Misdemeanor = 12 points

Class 4 Felony = 24 points

Class 3 Felony or higher = 60 points

Any violation committed during a period of suspension = 60 points.

Group A

Wildlife Code, Endangered Species Protection Act (Wildlife) and Federal Offenses (Wildlife)

Group B

Fish and Aquatic Life Code, Endangered Species Protection Act (Aquatic Life)and Federal Offenses (Aquatic Life)

Group C

Timber Buyers Licensing Act

Group D

Ginseng Harvesting Act, Endangered Species Protection Act (Plants) and Federal Offenses (Plants )

TYPES OF OFFENSES

Type I Offenses = those offenses related to commercial/business activities covered under the Timber Buyer, Taxidermist, Aquaculture, Fish Dealer, Minnow Dealer, Mussel Dealer, Game and Game Bird Breeder, Wild Game Food Dealer, Fur Bearing Animal Breeder, Fur Tanner or Migratory Waterfowl Hunting Area licenses and permits

Type II Offenses =All other offenses related to activities covered under licenses and permits. (Example: hunting, trapping, fishing, etc.)

COMPUTATION OF SUSPENSION PERIODS

For Type I Offenses, any person who, within an 18 month period, accumulates 13 or more points in a single group shall have all licenses, permits and stamps relevant to that type of activity revoked, and the person’s privilege to engage in the activity shall be suspended for a period of time that equals one month for each point accumulated. All accumulated points shall remain in effect for 18 months from the date of arrest that resulted in the point accumulation and shall not be removed or reduced by a period of suspension. Any second or subsequent suspension imposed shall be served consecutively to any earlier suspension.

For Type II Offenses, any person who, within a 36 month period, accumulates 13 or more points in a single group shall have all licenses, permits and stamps relevant to that type and group revoked, and the person’s privilege to engage in the activity covered by the type and group shall be suspended for a period of time that equals one month for each point accumulated. All accumulated points shall remain in effect for 36 months from the date of arrest that resulted in the point accumulation and shall not be removed or reduced by a period of suspension. Any second or subsequent suspension imposed shall be served consecutively to any earlier suspension.

SINGLE INCIDENT RULE

The Single Incident Rule shall not be applied in any cases where the highest level violation is a Class A Misdemeanor or higher (12 points or greater) or in cases where violations occurred while the individual was suspended

In the event that multiple findings of guilt are entered against an individual arising out of a single incident or act, full points shall be assessed only for the finding of guilt with the highest point level with additional points being assessed for the remaining findings of guilt as follows:

Petty Offense = 1 point

Class C Misdemeanor = 2 points

Class B Misdemeanor = 3 points

A person has the right to appeal any revocation/suspension to a Department of Natural Resources Hearing Officer.

EXAMPLES:

A) Type I - Findings of Guilt for Separate Incidents: A person found guilty of violations of no taxidermy license, failure to tag specimens, and failure to keep proper records (a Class B Misdemeanor and 2 petty offenses, respectively) occurring on different dates is assessed the full 15 points (9+3+3), and revocation of taxidermy license and suspension of taxidermy privileges only is imposed for a period of 15 months.

B) Type I - Findings of Guilt for a Single Incident: A person found guilty of the same violations as A) above (a Class B Misdemeanor and 2 petty offenses) arising out of a single incident has no revocation/suspension imposed, with 10 points assessed (9+1+1).

C) Type II - Findings of Guilt for Separate Incidents: A person found guilty of unlawful possession of freshly killed whitetail deer during closed season (Class A Misdemeanor- 12 points) and taking an over limit of quail (Petty Offense - 3 points) has his/her hunting license, trapping license, migratory waterfowl stamp, habitat stamp, deer/turkey permits, etc. revoked, and Type II privileges suspended in Group A for a period of 15 months.

D) Type II -Findings of Guilt for a Single Incident

1) A person found guilty of violations of taking game birds with a rifle and no hunting license (Class A Misdemeanor and Petty Offense) arising out of a single incident is assessed 15 points and suspension imposed as described in C) above. The Single Incident Rule does not apply to cases where the highest level violation is a Class A misdemeanor or higher

2) A person found guilty of violations of taking deer without a permit and no hunting license (Class B Misdemeanor and Petty Offense) arising out of a single incident has no revocation/suspension imposed, with 10 points assessed (9 + 1).

E) Imposition of Subsequent Suspensions

1) The person in C) above completes the 15 month suspension, and two months later (less than 36 months from the date of the first violation) again unlawfully possesses a freshly killed whitetail deer during closed season and is found guilty (12 points). This person’s licenses are again revoked and privileges suspended for a period of 27 months (15 + 12).

2) The person in C) above is found guilty of a violation under the Wildlife Code that occurred during the time that his/her privileges were suspended - 60 additional points are assessed and a second suspension is imposed, to run consecutively after the first suspension (15 + 60 = 75 months total).

ADMINISTRATIVE ACTIONS AND ADDITIONAL PROVISIONS

The Department of Natural Resources may also hold an administrative hearing to revoke licenses/suspend privileges in certain egregious cases, wherein a person has had a finding of guilty (including supervision or conditional discharge) in a circuit court of the State of Illinois or by a U.S. District Court in an Illinois District, regardless of whether or not sufficient points for suspension have been reached.

In addition, the Illinois Fish and Aquatic Life Code and Wildlife Code provisions regarding the revocation of licenses/permits and suspension of privileges also include the following: Any person whose license or permit has been revoked or his/her privileges suspended may not, during the period of revocation/suspension 1) be in the company of any person engaged in the activity covered by the revocation/suspension, or; 2) serve as a guide, outfitter or facilitator for any person who is engaged or prepared to engage in the activity covered by the revocation/suspension, until such time as the period of revocation/ suspension is completed and the appropriate licenses/permits have been obtained.

REVOCATIONS/SUSPENSIONS IN OTHER STATES AND CANADA

It shall also be unlawful for any person to be issued or obtain an Illinois license or permit or while in Illinois, engage in any activity regulated by the Illinois Fish and Aquatic Life Code or Wildlife Code during the time that person’s privileges to engage in the same or similar activities are suspended or revoked by another state, by a federal agency or by a province of Canada.

PENALTIES FOR VIOLATIONS OF REVOCATIONS/SUSPENSIONS/DENIAL OF PRIVILEGE

Persons who violate the prohibitions of their revocation/suspension/denial of privileges shall be guilty of a Class A Misdemeanor with penalties of up to 364 days jail time and up to $2500.00 in fines.