Sec. 11. Penalties and fines.

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Sec. 11. Penalties and fines. All fines and penalties associated with violations of this Act or administrative rules thereunder, except as otherwise provided in this Act, are payable 50% to the Department's Conservation Police Operations Assistance Fund and 50% to the Department's Illinois Forestry Development Fund.

(a)Except as otherwise provided in this Act any person in violation of any of the provisions of this Act, or administrative rules thereunder, shall be guilty of a Class A misdemeanor.

(a-5) Any person convicted of violating Section 3 of this Act shall be guilty of a Class A misdemeanor and fined at least $500 for a first offense and guilty of a Class 4 felony and fined at least $1,000 for a second or subsequent offense.

(a-10) Any person convicted of violating subsection

(a)of Section 5 is guilty of a Class A misdemeanor if the aggregate value of the timber cut, caused to be cut, or appropriated is equal to or less than $500.

(a-15) Any person convicted of violating subsection

(a)or

(c)of Section 9a is guilty of a Class A misdemeanor if the aggregate value of the amount due to the Department is equal to or less than $500.

(b)Any person convicted of violating subsection

(a)of Section 5 of this Act is guilty of a Class 4 felony if the aggregate value of the timber cut, caused to be cut or appropriated is over $500 but not more than $2,500.

(b-2) Any person convicted of violating subsection

(a)or

(c)of Section 9a is guilty of a Class 4 felony if the aggregate value of the amount due to the Department is over $500 but not more than $2,500.

(b-5) Any person convicted of violating subsection

(a)of Section 5 of this Act is guilty of a Class 3 felony if the aggregate value of the timber cut, caused to be cut, or appropriated is over $2,500 but not more than $10,000.

(b-7) Any person convicted of violating subsection

(a)or

(c)of Section 9a is guilty of a Class 3 felony if the aggregate value of the amount due to the Department is over $2,500 but not more than $10,000.

(b-10) Any person convicted of violating subsection

(a)of Section 5 of this Act is guilty of a Class 2 felony if the aggregate value of the timber cut, caused to be cut, or appropriated is over $10,000.

(b-12) Any person convicted of violating subsection

(a)or

(c)of Section 9a is guilty of a Class 2 felony if the aggregate value of the amount due to the Department is over $10,000.

(b-15) The aggregate value of the timber cut, caused to be cut, or appropriated shall be determined as provided by administrative rule.

(c)A person convicted of violating subsection

(b)of Section 5 of this Act is guilty of a Class A misdemeanor. A person convicted of a second or subsequent violation is guilty of a Class 4 felony.

(c-5) A person convicted of violating subsection

(c)of Section 5 is guilty of a Class A misdemeanor.

(c-10) A person convicted of violating subsection

(d)of Section 5 is guilty of a Class A misdemeanor and shall be assessed a fine of not less than $1,000. A person convicted of a second or subsequent violation is guilty of a Class 4 felony and shall be assessed a fine of not less than $2,000.

(c-15) A person convicted of violating subsection

(f)of Section 5 is guilty of a Class B misdemeanor.

(c-20) A person convicted of violating subsection

(g)of Section 5 is guilty of a Class C misdemeanor.

(d)All penalties issued pursuant to subsections

(e)and

(f)shall be deposited in the Illinois Forestry Development Fund for the purposes of the Illinois Forestry Development Act.

(e)Failure to pay any purchase harvest fee required under Section 9a of this Act on the date as required by regulation of the Department, there shall be added as a penalty an amount equal to 7.5% of the harvest fee due the Department for each month or fraction thereof during which such failure continues, not to exceed 37.5% in the aggregate. This penalty shall be in addition to any other penalty determined under this Act or by the circuit court.

(f)A person convicted of violating subsection

(b)or

(d)of Section 9a shall be guilty of a Class C misdemeanor and shall be assessed a penalty in the amount of $25, which shall be added to the amount due the Department for each individual report. A second or subsequent offense within a 3-year period after the date of the first offense is a Class A misdemeanor.

(g)All fines required in this Section shall be in addition to any other penalty authorized under this Act, the Unified Code of Corrections, or imposed by the circuit court.

(h)Any person who knowingly or intentionally violates any of the provisions of this Act, or administrative rules thereunder, when the person's license has been revoked or denied or the person's ability to engage in the activity requiring the license has been suspended under Section 13 is guilty of:

(1)a Class 4 felony if the underlying offense that was committed during a period of

revocation or suspension is a misdemeanor; or

(2)one classification higher if the underlying offense that was committed during a

period of revocation or suspension is a felony.