HB4885 EngrossedLRB104 19519 RLC 32967 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by 
5changing Section 28-8 as follows:
 
6    (720 ILCS 5/28-8)  (from Ch. 38, par. 28-8)
7    Sec. 28-8. Gambling losses recoverable. 
8    (a) Any person who by gambling shall lose to any other 
9person, any sum of money or thing of value, amounting to the 
10sum of $5,000 $50 or more and shall pay or deliver the same or 
11any part thereof, may sue for and recover the money or other 
12thing of value, so lost and paid or delivered, in a civil 
13action against the winner thereof, with costs, in the circuit 
14court. No person who accepts from another person for 
15transmission, and transmits, either in his own name or in the 
16name of such other person, any order for any transaction to be 
17made upon, or who executes any order given to him by another 
18person, or who executes any transaction for his own account 
19on, any regular board of trade or commercial, commodity or 
20stock exchange, shall, under any circumstances, be deemed a 
21"winner" of any moneys lost by such other person in or through 
22any such transactions.
23    (b) (Blank). If within 6 months, such person who under the 
 
 
HB4885 Engrossed- 2 -LRB104 19519 RLC 32967 b

1terms of Subsection 28-8(a) is entitled to initiate action to 
2recover his losses does not in fact pursue his remedy, any 
3person may initiate a civil action against the winner. The 
4court or the jury, as the case may be, shall determine the 
5amount of the loss. After such determination, the court shall 
6enter a judgment of triple the amount so determined.
7    (c) Gambling losses as a result of gambling conducted on a 
8video gaming terminal licensed under the Video Gaming Act are 
9not recoverable under this Section. 
10    (d) Losses as a result of participation in any fantasy 
11contests against a fantasy contest operator, including 
12single-player fantasy contests, are not recoverable under this 
13Section. The provisions of this amendatory Act of the 104th 
14General Assembly are declarative of existing law. 
15(Source: P.A. 98-31, eff. 6-24-13.)
 
16    Section 99. Effective date. This Act takes effect upon 
17becoming law.