SB3394 104TH GENERAL ASSEMBLY

LRB104 19516 RLC 32964 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3394

Introduced 2/4/2026, by Sen. Michael E. Hastings

SYNOPSIS AS INTRODUCED:

720 ILCS 5/28-8

from Ch. 38, par. 28-8

Amends the Criminal Code of 2012. In the provision of the Code that provides that a person who by illegal gambling loses $50 or more to another person may sue for and recover the money or other thing of value, so lost and paid or delivered, in a civil action against the winner thereof, with costs, in the circuit court, applies only to a natural person with residency in the State of Illinois. Provides that losses as a result of participation in any fantasy contests against a fantasy contest operator, including single-player fantasy contests, are not recoverable under the provision. Effective immediately.

A BILL FOR

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 2012 is amended by changing Section 28-8 as follows:

(720 ILCS 5/28-8) (from Ch. 38, par. 28-8)

Sec. 28-8. Gambling losses recoverable.

(a) Any natural person with residency in the State of Illinois who by gambling shall lose to any other person, any sum of money or thing of value, amounting to the sum of $50 or more and shall pay or deliver the same or any part thereof, may sue for and recover the money or other thing of value, so lost and paid or delivered, in a civil action against the winner thereof, with costs, in the circuit court. No person who accepts from another person for transmission, and transmits, either in his own name or in the name of such other person, any order for any transaction to be made upon, or who executes any order given to him by another person, or who executes any transaction for his own account on, any regular board of trade or commercial, commodity or stock exchange, shall, under any circumstances, be deemed a "winner" of any moneys lost by such other person in or through any such transactions.

(b) If within 6 months, such person who under the terms of Subsection 28-8(a) is entitled to initiate action to recover his losses does not in fact pursue his remedy, any person may initiate a civil action against the winner. The court or the jury, as the case may be, shall determine the amount of the loss. After such determination, the court shall enter a judgment of triple the amount so determined.

(c) Gambling losses as a result of gambling conducted on a video gaming terminal licensed under the Video Gaming Act are not recoverable under this Section.

(d) Losses as a result of participation in any fantasy contests against a fantasy contest operator, including single-player fantasy contests, are not recoverable under this Section.

(Source: P.A. 98-31, eff. 6-24-13.)

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