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91_SB0004enr
SB4 Enrolled LRB9100706RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 28-1 and 28-2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 28-1 and 28-2 as follows:
7 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
8 Sec. 28-1. Gambling.
9 (a) A person commits gambling when he:
10 (1) Plays a game of chance or skill for money or
11 other thing of value, unless excepted in subsection (b)
12 of this Section; or
13 (2) Makes a wager upon the result of any game,
14 contest, or any political nomination, appointment or
15 election; or
16 (3) Operates, keeps, owns, uses, purchases,
17 exhibits, rents, sells, bargains for the sale or lease
18 of, manufactures or distributes any gambling device; or
19 (4) Contracts to have or give himself or another
20 the option to buy or sell, or contracts to buy or sell,
21 at a future time, any grain or other commodity
22 whatsoever, or any stock or security of any company,
23 where it is at the time of making such contract intended
24 by both parties thereto that the contract to buy or sell,
25 or the option, whenever exercised, or the contract
26 resulting therefrom, shall be settled, not by the receipt
27 or delivery of such property, but by the payment only of
28 differences in prices thereof; however, the issuance,
29 purchase, sale, exercise, endorsement or guarantee, by or
30 through a person registered with the Secretary of State
31 pursuant to Section 8 of the Illinois Securities Law of
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1 1953, or by or through a person exempt from such
2 registration under said Section 8, of a put, call, or
3 other option to buy or sell securities which have been
4 registered with the Secretary of State or which are
5 exempt from such registration under Section 3 of the
6 Illinois Securities Law of 1953 is not gambling within
7 the meaning of this paragraph (4); or
8 (5) Knowingly owns or possesses any book,
9 instrument or apparatus by means of which bets or wagers
10 have been, or are, recorded or registered, or knowingly
11 possesses any money which he has received in the course
12 of a bet or wager; or
13 (6) Sells pools upon the result of any game or
14 contest of skill or chance, political nomination,
15 appointment or election; or
16 (7) Sets up or promotes any lottery or sells,
17 offers to sell or transfers any ticket or share for any
18 lottery; or
19 (8) Sets up or promotes any policy game or sells,
20 offers to sell or knowingly possesses or transfers any
21 policy ticket, slip, record, document or other similar
22 device; or
23 (9) Knowingly drafts, prints or publishes any
24 lottery ticket or share, or any policy ticket, slip,
25 record, document or similar device, except for such
26 activity related to lotteries, bingo games and raffles
27 authorized by and conducted in accordance with the laws
28 of Illinois or any other state or foreign government; or
29 (10) Knowingly advertises any lottery or policy
30 game, except for such activity related to lotteries,
31 bingo games and raffles authorized by and conducted in
32 accordance with the laws of Illinois or any other state;
33 or
34 (11) Knowingly transmits information as to wagers,
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1 betting odds, or changes in betting odds by telephone,
2 telegraph, radio, semaphore or similar means; or
3 knowingly installs or maintains equipment for the
4 transmission or receipt of such information; except that
5 nothing in this subdivision (11) prohibits transmission
6 or receipt of such information for use in news reporting
7 of sporting events or contests; or .
8 (12) Knowingly establishes, maintains, or operates
9 an Internet site that permits a person to play a game of
10 chance or skill for money or other thing of value by
11 means of the Internet or to make a wager upon the result
12 of any game, contest, political nomination, appointment,
13 or election by means of the Internet.
14 (b) Participants in any of the following activities
15 shall not be convicted of gambling therefor:
16 (1) Agreements to compensate for loss caused by the
17 happening of chance including without limitation
18 contracts of indemnity or guaranty and life or health or
19 accident insurance;
20 (2) Offers of prizes, award or compensation to the
21 actual contestants in any bona fide contest for the
22 determination of skill, speed, strength or endurance or
23 to the owners of animals or vehicles entered in such
24 contest;
25 (3) Pari-mutuel betting as authorized by the law of
26 this State;
27 (4) Manufacture of gambling devices, including the
28 acquisition of essential parts therefor and the assembly
29 thereof, for transportation in interstate or foreign
30 commerce to any place outside this State when such
31 transportation is not prohibited by any applicable
32 Federal law;
33 (5) The game commonly known as "bingo", when
34 conducted in accordance with the Bingo License and Tax
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1 Act;
2 (6) Lotteries when conducted by the State of
3 Illinois in accordance with the Illinois Lottery Law;
4 (7) Possession of an antique slot machine that is
5 neither used nor intended to be used in the operation or
6 promotion of any unlawful gambling activity or
7 enterprise. For the purpose of this subparagraph (b)(7),
8 an antique slot machine is one manufactured 25 years ago
9 or earlier;
10 (8) Raffles when conducted in accordance with the
11 Raffles Act;
12 (9) Charitable games when conducted in accordance
13 with the Charitable Games Act;
14 (10) Pull tabs and jar games when conducted under
15 the Illinois Pull Tabs and Jar Games Act; or
16 (11) Gambling games conducted on riverboats when
17 authorized by the Riverboat Gambling Act.
18 (c) Sentence.
19 Gambling under subsection (a)(1) or (a)(2) of this
20 Section is a Class A misdemeanor. Gambling under any of
21 subsections (a)(3) through (a)(11) of this Section is a Class
22 A misdemeanor. A second or subsequent conviction under any
23 of subsections (a)(3) through (a)(11), is a Class 4 felony.
24 Gambling under subsection (a)(12) of this Section is a Class
25 A misdemeanor. A second or subsequent conviction under
26 subsection (a)(12) is a Class 4 felony.
27 (d) Circumstantial evidence.
28 In prosecutions under subsection (a)(1) through (a)(12)
29 (a)(11) of this Section circumstantial evidence shall have
30 the same validity and weight as in any criminal prosecution.
31 (Source: P.A. 86-1029; 87-435.)
32 (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
33 Sec. 28-2. Definitions.
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1 (a) A "gambling device" is any clock, tape machine, slot
2 machine or other machines or device for the reception of
3 money or other thing of value on chance or skill or upon the
4 action of which money or other thing of value is staked,
5 hazarded, bet, won or lost; or any mechanism, furniture,
6 fixture, equipment or other device designed primarily for use
7 in a gambling place. A "gambling device" does not include:
8 (1) A coin-in-the-slot operated mechanical device
9 played for amusement which rewards the player with the
10 right to replay such mechanical device, which device is
11 so constructed or devised as to make such result of the
12 operation thereof depend in part upon the skill of the
13 player and which returns to the player thereof no money,
14 property or right to receive money or property.
15 (2) Vending machines by which full and adequate
16 return is made for the money invested and in which there
17 is no element of chance or hazard.
18 (3) A crane game. For the purposes of this
19 paragraph (3), a "crane game" is an amusement device
20 involving skill, if it rewards the player exclusively
21 with merchandise contained within the amusement device
22 proper and limited to toys, novelties and prizes other
23 than currency, each having a wholesale value which is not
24 more than 7 times the cost charged to play the amusement
25 device once or $5, whichever is less.
26 (4) A redemption machine. For the purposes of this
27 paragraph (4), a "redemption machine" is a single-player
28 or multi-player amusement device involving a game, the
29 object of which is throwing, rolling, bowling, shooting,
30 placing, or propelling a ball or other object into, upon,
31 or against a hole or other target, provided that all of
32 the following conditions are met:
33 (A) The outcome of the game is predominantly
34 determined by the skill of the player.
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1 (B) The award of the prize is based solely
2 upon the player's achieving the object of the game
3 or otherwise upon the player's score.
4 (C) Only merchandise prizes are awarded.
5 (D) The average wholesale value of prizes
6 awarded in lieu of tickets or tokens for single play
7 of the device does not exceed the lesser of $5 or 7
8 times the cost charged for a single play of the
9 device.
10 (E) The redemption value of tickets, tokens,
11 and other representations of value, which may be
12 accumulated by players to redeem prizes of greater
13 value, does not exceed the amount charged for a
14 single play of the device.
15 (a-5) "Internet" means an interactive computer service
16 or system or an information service, system, or access
17 software provider that provides or enables computer access by
18 multiple users to a computer server, and includes, but is not
19 limited to, an information service, system, or access
20 software provider that provides access to a network system
21 commonly known as the Internet, or any comparable system or
22 service and also includes, but is not limited to, a World
23 Wide Web page, newsgroup, message board, mailing list, or
24 chat area on any interactive computer service or system or
25 other online service.
26 (a-6) "Access" and "computer" have the meanings ascribed
27 to them in Section 16D-2 of this Code.
28 (b) A "lottery" is any scheme or procedure whereby one
29 or more prizes are distributed by chance among persons who
30 have paid or promised consideration for a chance to win such
31 prizes, whether such scheme or procedure is called a lottery,
32 raffle, gift, sale or some other name.
33 (c) A "policy game" is any scheme or procedure whereby a
34 person promises or guarantees by any instrument, bill,
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1 certificate, writing, token or other device that any
2 particular number, character, ticket or certificate shall in
3 the event of any contingency in the nature of a lottery
4 entitle the purchaser or holder to receive money, property or
5 evidence of debt.
6 (Source: P.A. 87-855.)
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