Public Act 096-1203
 
SB3173 EnrolledLRB096 20068 RLC 35581 b


  
    AN ACT concerning criminal law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Criminal Code of 1961 is amended  by changing 
Section 28-1 as follows:
 



    (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)



    Sec. 28-1. Gambling. 

    (a) A person commits gambling when he:


        (1) Plays a game of chance or skill for money or other 
    thing of
value, unless excepted in subsection (b) of this 
    Section; or


        (2) Makes a wager upon the result of any game, contest, 
    or any
political nomination, appointment or election; or


        (3) Operates, keeps, owns, uses, purchases, exhibits, 
    rents, sells,
bargains for the sale or lease of, 
    manufactures or distributes any
gambling device; or


        (4) Contracts to have or give himself or another the 
    option to buy
or sell, or contracts to buy or sell, at a 
    future time, any grain or
other commodity whatsoever, or 
    any stock or security of any company,
where it is at the 
    time of making such contract intended by both parties

    thereto that the contract to buy or sell, or the option, 
    whenever
exercised, or the contract resulting therefrom, 
    shall be settled, not by
the receipt or delivery of such 
    property, but by the payment only of
differences in prices 
    thereof; however, the issuance, purchase, sale,
exercise, 
    endorsement or guarantee, by or through a person registered

    with the Secretary of State pursuant to Section 8 of the 
    Illinois
Securities Law of 1953, or by or through a person 
    exempt from such
registration under said Section 8, of a 
    put, call, or other option to
buy or sell securities which 
    have been registered with the Secretary of
State or which 
    are exempt from such registration under Section 3 of the

    Illinois Securities Law of 1953 is not gambling within the 
    meaning of
this paragraph (4); or


        (5) Knowingly owns or possesses any book, instrument or 
    apparatus by
means of which bets or wagers have been, or 
    are, recorded or registered,
or knowingly possesses any 
    money which he has received in the course of
a bet or 
    wager; or


        (6) Sells pools upon the result of any game or contest 
    of skill or
chance, political nomination, appointment or 
    election; or


        (7) Sets up or promotes any lottery or sells, offers to 
    sell or
transfers any ticket or share for any lottery; or


        (8) Sets up or promotes any policy game or sells, 
    offers to sell or
knowingly possesses or transfers any 
    policy ticket, slip, record,
document or other similar 
    device; or


        (9) Knowingly drafts, prints or publishes any lottery 
    ticket or share,
or any policy ticket, slip, record, 
    document or similar device, except for
such activity 
    related to lotteries, bingo games and raffles authorized by

    and conducted in accordance with the laws of Illinois or 
    any other state or
foreign government; or


        (10) Knowingly advertises any lottery or policy game, 
    except for such
activity related to lotteries, bingo games 
    and raffles authorized by and
conducted in accordance with 
    the laws of Illinois or any other state; or


        (11) Knowingly transmits information as to wagers, 
    betting odds, or
changes in betting odds by telephone, 
    telegraph, radio, semaphore or
similar means; or knowingly 
    installs or maintains equipment for the
transmission or 
    receipt of such information; except that nothing in this

    subdivision (11) prohibits transmission or receipt of such 
    information
for use in news reporting of sporting events or 
    contests; or


        (12) Knowingly establishes, maintains, or operates an 
    Internet site that
permits a person to play a game of

    chance or skill for money or other thing of value by means 
    of the Internet or
to make a wager upon the
result of any 
    game, contest, political nomination, appointment, or

    election by means of the Internet. This item (12) does not 
    apply to activities referenced in items (6) and (6.1) of 
    subsection (b) of this Section. 

    (b) Participants in any of the following activities shall 
not be
convicted of gambling therefor:


        (1) Agreements to compensate for loss caused by the 
    happening of
chance including without limitation contracts 
    of indemnity or guaranty
and life or health or accident 
    insurance.


        (2) Offers of prizes, award or compensation to the 
    actual
contestants in any bona fide contest for the 
    determination of skill,
speed, strength or endurance or to 
    the owners of animals or vehicles
entered in such contest.


        (3) Pari-mutuel betting as authorized by the law of 
    this State.


        (4) Manufacture of gambling devices, including the 
    acquisition of
essential parts therefor and the assembly 
    thereof, for transportation in
interstate or foreign 
    commerce to any place outside this State when such

    transportation is not prohibited by any applicable Federal 
    law; or the
manufacture, distribution, or possession of 
    video gaming terminals, as
defined in the Video Gaming Act, 
    by manufacturers, distributors, and
terminal operators 
    licensed to do so under the Video Gaming Act.


        (5) The game commonly known as "bingo", when conducted 
    in accordance
with the Bingo License and Tax Act.


        (6) Lotteries when conducted by the State of Illinois 
    in accordance
with the Illinois Lottery Law.  This exemption 
    includes any activity conducted by the Department of 
    Revenue to  sell lottery tickets pursuant to the provisions 
    of the Illinois Lottery Law and its rules.

        (6.1) The purchase of lottery tickets through the 
    Internet for a lottery conducted by the State of Illinois 
    under the program established in Section 7.12 of the 
    Illinois Lottery Law.


        (7) Possession of an antique slot machine that is 
    neither used nor
intended to be used in the operation or 
    promotion of any unlawful
gambling activity or enterprise.  
    For the purpose of this subparagraph
(b)(7), an antique 
    slot machine is one manufactured 25 years ago or earlier.


        (8) Raffles when conducted in accordance with the 
    Raffles Act.


        (9) Charitable games when conducted in accordance with 
    the Charitable
Games Act.


        (10) Pull tabs and jar games when conducted under the 
    Illinois Pull
Tabs and Jar Games Act.


        (11) Gambling games conducted on riverboats when

    authorized by the Riverboat Gambling Act.

        (12) Video gaming terminal games at a licensed 
    establishment, licensed truck stop establishment,
licensed

    fraternal establishment, or licensed veterans 
    establishment when
conducted in accordance with the Video 
    Gaming Act. 
        (13)  Games of skill or chance where money or other 
    things of value can be won but no payment or purchase is 
    required to participate. 
    (c) Sentence.

    Gambling under subsection (a)(1) or (a)(2) of this Section 
is a
Class A misdemeanor.  Gambling under any of subsections 
(a)(3) through
(a)(11) of this Section is a Class A 
misdemeanor.  A second or
subsequent conviction under any of 
subsections (a)(3) through (a)(11),
is a Class 4 felony.  
Gambling under subsection (a)(12) of this Section is a
Class A

misdemeanor.  A second or subsequent conviction under 
subsection (a)(12) is a
Class 4 felony.

    (d) Circumstantial evidence.

    In prosecutions under subsection (a)(1) through (a)(12) of

this
Section circumstantial evidence shall have the same 
validity and weight as
in any criminal prosecution.

(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.