Sen. Antonio Muņoz

Filed: 3/24/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3479

2    AMENDMENT NO. ______. Amend Senate Bill 3479 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Video Gaming Act is amended by changing
5Section 35 as follows:
 
6    (230 ILCS 40/35)
7    Sec. 35. Display of license; confiscation; violation as
8felony.
9    (a) Each video gaming terminal shall be licensed by the
10Board before placement or operation on the premises of a
11licensed establishment, licensed truck stop establishment,
12licensed fraternal establishment, or licensed veterans
13establishment. The license of each video gaming terminal shall
14be maintained at the location where the video gaming terminal
15is operated. Failure to do so is a petty offense with a fine
16not to exceed $100. Any licensed establishment, licensed truck

 

 

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1stop establishment, licensed fraternal establishment, or
2licensed veterans establishment used for the conduct of
3gambling games in violation of this Act shall be considered a
4gambling place in violation of Section 28-3 of the Criminal
5Code of 2012. Every gambling device found in a licensed
6establishment, licensed truck stop establishment, licensed
7fraternal establishment, or licensed veterans establishment
8operating gambling games in violation of this Act shall be
9subject to seizure, confiscation, and destruction as provided
10in Section 28-5 of the Criminal Code of 2012. Any license
11issued under the Liquor Control Act of 1934 to any owner or
12operator of a licensed establishment, licensed truck stop
13establishment, licensed fraternal establishment, or licensed
14veterans establishment that operates or permits the operation
15of a video gaming terminal within its establishment in
16violation of this Act shall be immediately revoked. No person
17may own, operate, have in his or her possession or custody or
18under his or her control, or permit to be kept in any place
19under his or her possession or control, any device that awards
20credits and contains a circuit, meter, or switch capable of
21removing and recording the removal of credits when the award of
22credits is dependent upon chance.
23    Nothing in this Section shall be deemed to prohibit the use
24of a game device only if the game device is used in an activity
25that is not gambling under subsection (b) of Section 28-1 of
26the Criminal Code of 2012.

 

 

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1    A violation of this Section is a Class 4 felony. All
2devices that are owned, operated, or possessed in violation of
3this Section are hereby declared to be public nuisances and
4shall be subject to seizure, confiscation, and destruction as
5provided in Section 28-5 of the Criminal Code of 2012.
6    The provisions of this Section do not apply to devices or
7electronic video game terminals licensed pursuant to this Act.
8A video gaming terminal operated for amusement only and bearing
9a valid amusement tax sticker shall not be subject to this
10Section until 30 days after the Board establishes that the
11central communications system is functional.
12    (b) (1) The odds of winning each video game shall be posted
13on or near each video gaming terminal. The manner in which the
14odds are calculated and how they are posted shall be determined
15by the Board by rule.
16    (2) No video gaming terminal licensed under this Act may be
17played except during the legal hours of operation allowed for
18the consumption of alcoholic beverages at the licensed
19establishment, licensed fraternal establishment, or licensed
20veterans establishment. A licensed establishment, licensed
21fraternal establishment, or licensed veterans establishment
22that violates this subsection is subject to termination of its
23license by the Board.
24(Source: P.A. 97-1150, eff. 1-25-13; 98-111, eff. 1-1-14.)
 
25    Section 10. The Criminal Code of 2012 is amended by

 

 

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1changing Sections 28-1 and 28-2 as follows:
 
2    (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
3    Sec. 28-1. Gambling.
4    (a) A person commits gambling when he or she:
5        (1) knowingly plays a game of chance or skill for money
6    or other thing of value, unless excepted in subsection (b)
7    of this Section;
8        (2) knowingly makes a wager upon the result of any
9    game, contest, or any political nomination, appointment or
10    election;
11        (3) knowingly operates, keeps, owns, uses, purchases,
12    exhibits, rents, sells, bargains for the sale or lease of,
13    manufactures or distributes any gambling device;
14        (4) contracts to have or give himself or herself or
15    another the option to buy or sell, or contracts to buy or
16    sell, at a future time, any grain or other commodity
17    whatsoever, or any stock or security of any company, where
18    it is at the time of making such contract intended by both
19    parties thereto that the contract to buy or sell, or the
20    option, whenever exercised, or the contract resulting
21    therefrom, shall be settled, not by the receipt or delivery
22    of such property, but by the payment only of differences in
23    prices thereof; however, the issuance, purchase, sale,
24    exercise, endorsement or guarantee, by or through a person
25    registered with the Secretary of State pursuant to Section

 

 

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1    8 of the Illinois Securities Law of 1953, or by or through
2    a person exempt from such registration under said Section
3    8, of a put, call, or other option to buy or sell
4    securities which have been registered with the Secretary of
5    State or which are exempt from such registration under
6    Section 3 of the Illinois Securities Law of 1953 is not
7    gambling within the meaning of this paragraph (4);
8        (5) knowingly owns or possesses any book, instrument or
9    apparatus by means of which bets or wagers have been, or
10    are, recorded or registered, or knowingly possesses any
11    money which he has received in the course of a bet or
12    wager;
13        (6) knowingly sells pools upon the result of any game
14    or contest of skill or chance, political nomination,
15    appointment or election;
16        (7) knowingly sets up or promotes any lottery or sells,
17    offers to sell or transfers any ticket or share for any
18    lottery;
19        (8) knowingly sets up or promotes any policy game or
20    sells, offers to sell or knowingly possesses or transfers
21    any policy ticket, slip, record, document or other similar
22    device;
23        (9) knowingly drafts, prints or publishes any lottery
24    ticket or share, or any policy ticket, slip, record,
25    document or similar device, except for such activity
26    related to lotteries, bingo games and raffles authorized by

 

 

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1    and conducted in accordance with the laws of Illinois or
2    any other state or foreign government;
3        (10) knowingly advertises any lottery or policy game,
4    except for such activity related to lotteries, bingo games
5    and raffles authorized by and conducted in accordance with
6    the laws of Illinois or any other state;
7        (11) knowingly transmits information as to wagers,
8    betting odds, or changes in betting odds by telephone,
9    telegraph, radio, semaphore or similar means; or knowingly
10    installs or maintains equipment for the transmission or
11    receipt of such information; except that nothing in this
12    subdivision (11) prohibits transmission or receipt of such
13    information for use in news reporting of sporting events or
14    contests; or
15        (12) knowingly establishes, maintains, or operates an
16    Internet site that permits a person to play a game of
17    chance or skill for money or other thing of value by means
18    of the Internet or to make a wager upon the result of any
19    game, contest, political nomination, appointment, or
20    election by means of the Internet. This item (12) does not
21    apply to activities referenced in items (6) and (6.1) of
22    subsection (b) of this Section.
23    (b) Participants in any of the following activities shall
24not be convicted of gambling:
25        (1) Agreements to compensate for loss caused by the
26    happening of chance including without limitation contracts

 

 

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1    of indemnity or guaranty and life or health or accident
2    insurance.
3        (2) Offers of prizes, award or compensation to the
4    actual contestants in any bona fide contest for the
5    determination of skill, speed, strength or endurance or to
6    the owners of animals or vehicles entered in such contest.
7        (3) Pari-mutuel betting as authorized by the law of
8    this State.
9        (4) Manufacture of gambling devices, including the
10    acquisition of essential parts therefor and the assembly
11    thereof, for transportation in interstate or foreign
12    commerce to any place outside this State when such
13    transportation is not prohibited by any applicable Federal
14    law; or the manufacture, distribution, or possession of
15    video gaming terminals, as defined in the Video Gaming Act,
16    by manufacturers, distributors, and terminal operators
17    licensed to do so under the Video Gaming Act.
18        (5) The game commonly known as "bingo", when conducted
19    in accordance with the Bingo License and Tax Act.
20        (6) Lotteries when conducted by the State of Illinois
21    in accordance with the Illinois Lottery Law. This exemption
22    includes any activity conducted by the Department of
23    Revenue to sell lottery tickets pursuant to the provisions
24    of the Illinois Lottery Law and its rules.
25        (6.1) The purchase of lottery tickets through the
26    Internet for a lottery conducted by the State of Illinois

 

 

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1    under the program established in Section 7.12 of the
2    Illinois Lottery Law.
3        (7) Possession of an antique slot machine that is
4    neither used nor intended to be used in the operation or
5    promotion of any unlawful gambling activity or enterprise.
6    For the purpose of this subparagraph (b)(7), an antique
7    slot machine is one manufactured 25 years ago or earlier.
8        (8) Raffles when conducted in accordance with the
9    Raffles Act.
10        (9) Charitable games when conducted in accordance with
11    the Charitable Games Act.
12        (10) Pull tabs and jar games when conducted under the
13    Illinois Pull Tabs and Jar Games Act.
14        (11) Gambling games conducted on riverboats when
15    authorized by the Riverboat Gambling Act.
16        (12) Video gaming terminal games at a licensed
17    establishment, licensed truck stop establishment, licensed
18    fraternal establishment, or licensed veterans
19    establishment when conducted in accordance with the Video
20    Gaming Act.
21        (13) Games of skill or chance where money or other
22    things of value can be won but no payment or purchase is
23    required to participate, except where participation in
24    such game of skill or chance is accomplished using a
25    gambling device prohibited by Section 28-2(a)(iii).
26    (c) Sentence.

 

 

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1        (1) Gambling is a Class A misdemeanor. A second or
2    subsequent conviction under subsections (a)(3) through
3    (a)(12), is a Class 4 felony.
4        (2) Notwithstanding subsection (c)(1), or anything
5    else contained in this Section to the contrary, a gambling
6    offense involving a device described in Section
7    28-2(a)(iii) is a Class 4 felony.
8    (d) Circumstantial evidence.
9    In prosecutions under this Section circumstantial evidence
10shall have the same validity and weight as in any criminal
11prosecution.
12(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;
1396-1203, eff. 7-22-10; 97-1108, eff. 1-1-13.)
 
14    (720 ILCS 5/28-2)  (from Ch. 38, par. 28-2)
15    Sec. 28-2. Definitions.
16    (a) A "gambling device" is: (i) any clock, tape machine,
17slot machine or other machines or device for the reception of
18money or other thing of value on chance or skill or upon the
19action of which money or other thing of value is staked,
20hazarded, bet, won or lost; (ii) or any mechanism, furniture,
21fixture, equipment or other device designed primarily for use
22in a gambling place; or (iii) any vending or other electronic
23machine or device, including without limitation a machine or
24device that awards credits and contains a circuit, meter, or
25switch capable of removing and recording the removal of credits

 

 

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1that offers a person entry into any contest, competition,
2sweepstakes, scheme, plan, or other selection process that
3involves or is dependent upon an element of chance for which
4the person may receive a gift, award, or other item or service
5of value if that offer is incidental to or results from: (A)
6the purchase of an item or service of value; or (B) the
7purchase or gratuitous receipt of a coupon, voucher,
8certificate, or other similar credit that can be redeemed for
9or applied towards an item or service of value from such
10machine or device or elsewhere. A "gambling device" does not
11include:
12        (1) A coin-in-the-slot operated mechanical device
13    played for amusement which rewards the player with the
14    right to replay such mechanical device, which device is so
15    constructed or devised as to make such result of the
16    operation thereof depend in part upon the skill of the
17    player and which returns to the player thereof no money,
18    property or right to receive money or property.
19        (2) Except as otherwise provided in this subsection
20    (a), a vending machine Vending machines by which full and
21    adequate return is made for the money invested and in which
22    there is no element of chance or hazard.
23        (3) A crane game. For the purposes of this paragraph
24    (3), a "crane game" is an amusement device involving skill,
25    if it rewards the player exclusively with merchandise
26    contained within the amusement device proper and limited to

 

 

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1    toys, novelties and prizes other than currency, each having
2    a wholesale value which is not more than $25.
3        (4) A redemption machine. For the purposes of this
4    paragraph (4), a "redemption machine" is a single-player or
5    multi-player amusement device involving a game, the object
6    of which is throwing, rolling, bowling, shooting, placing,
7    or propelling a ball or other object that is either
8    physical or computer generated on a display or with lights
9    into, upon, or against a hole or other target that is
10    either physical or computer generated on a display or with
11    lights, or stopping, by physical, mechanical, or
12    electronic means, a moving object that is either physical
13    or computer generated on a display or with lights into,
14    upon, or against a hole or other target that is either
15    physical or computer generated on a display or with lights,
16    provided that all of the following conditions are met:
17            (A) The outcome of the game is predominantly
18        determined by the skill of the player.
19            (B) The award of the prize is based solely upon the
20        player's achieving the object of the game or otherwise
21        upon the player's score.
22            (C) Only merchandise prizes are awarded.
23            (D) The wholesale value of prizes awarded in lieu
24        of tickets or tokens for single play of the device does
25        not exceed $25.
26            (E) The redemption value of tickets, tokens, and

 

 

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1        other representations of value, which may be
2        accumulated by players to redeem prizes of greater
3        value, for a single play of the device does not exceed
4        $25.
5        (5) Video gaming terminals at a licensed
6    establishment, licensed truck stop establishment, licensed
7    fraternal establishment, or licensed veterans
8    establishment licensed in accordance with the Video Gaming
9    Act.
10    (a-5) "Internet" means an interactive computer service or
11system or an information service, system, or access software
12provider that provides or enables computer access by multiple
13users to a computer server, and includes, but is not limited
14to, an information service, system, or access software provider
15that provides access to a network system commonly known as the
16Internet, or any comparable system or service and also
17includes, but is not limited to, a World Wide Web page,
18newsgroup, message board, mailing list, or chat area on any
19interactive computer service or system or other online service.
20    (a-6) "Access" and "computer" have the meanings ascribed to
21them in Section 16D-2 of this Code.
22    (b) A "lottery" is any scheme or procedure whereby one or
23more prizes are distributed by chance among persons who have
24paid or promised consideration for a chance to win such prizes,
25whether such scheme or procedure is called a lottery, raffle,
26gift, sale or some other name.

 

 

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1    (c) A "policy game" is any scheme or procedure whereby a
2person promises or guarantees by any instrument, bill,
3certificate, writing, token or other device that any particular
4number, character, ticket or certificate shall in the event of
5any contingency in the nature of a lottery entitle the
6purchaser or holder to receive money, property or evidence of
7debt.
8    (d) It is the intent of Section 28-2(a)(iii) to prohibit
9any mechanism that seeks to avoid being considered a gambling
10device through the use of any subterfuge or pretense
11whatsoever.
12(Source: P.A. 97-1126, eff. 1-1-13; 98-31, eff. 6-24-13.)".