Rep. Daniel Didech
Filed: 5/15/2024
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1 | AMENDMENT TO HOUSE BILL 394 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 394 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Family Amusement Wagering Prohibition Act. | ||||||
6 | Section 5. Definitions. As used in this Act: | ||||||
7 | "Advertise" means to engage in promotional activities, | ||||||
8 | including, but not limited to, newspaper, radio, Internet and | ||||||
9 | electronic media, and television advertising, the distribution | ||||||
10 | of fliers and circulars, billboard advertising, and the | ||||||
11 | display of window and interior signs. | ||||||
12 | "Amusement device" means a game or machine which a person | ||||||
13 | activates by inserting or using currency or a coin, card, | ||||||
14 | coupon, slug, token, or similar device, and the person playing | ||||||
15 | or operating the game or machine impacts the outcome of the | ||||||
16 | game. "Amusement device" includes games of skill, games of |
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1 | chance, and games of a combination of skill and chance. | ||||||
2 | "Amusement device" does not include a device certified by the | ||||||
3 | Illinois Gaming Board to be operated by an Illinois Gaming | ||||||
4 | Board licensee. | ||||||
5 | "Crane game" means an amusement device involving skill, if | ||||||
6 | it rewards the player exclusively with merchandise contained | ||||||
7 | within the amusement device proper and limited to toys, | ||||||
8 | novelties, and prizes other than currency, each having a | ||||||
9 | wholesale value which is not more than $25. | ||||||
10 | "Family amusement establishment" means a place of business | ||||||
11 | with amusement devices on the premises. | ||||||
12 | "Merchandise" means noncash prizes maintained on the | ||||||
13 | premises by the family amusement establishment, including toys | ||||||
14 | and novelties. "Merchandise" does not include any prize or | ||||||
15 | other item, if the exchange or conversion to cash or a cash | ||||||
16 | equivalent is facilitated or permitted by the family amusement | ||||||
17 | establishment. | ||||||
18 | "Redemption machine" means a single-player or multi-player | ||||||
19 | amusement device involving a game, the object of which is | ||||||
20 | throwing, rolling, bowling, shooting, placing, or propelling a | ||||||
21 | ball or other object that is either physical or computer | ||||||
22 | generated on a display or with lights into, upon, or against a | ||||||
23 | hole or other target that is either physical or computer | ||||||
24 | generated on a display or with lights, or stopping, by | ||||||
25 | physical, mechanical, or electronic means, a moving object | ||||||
26 | that is either physical or computer generated on a display or |
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1 | with lights into, upon, or against a hole or other target that | ||||||
2 | is either physical or computer generated on a display or with | ||||||
3 | lights, if all of the following conditions are met: | ||||||
4 | (1) The outcome of the game is predominantly | ||||||
5 | determined by the skill of the player. | ||||||
6 | (2) The award of the prize is based solely upon the | ||||||
7 | player's achieving the object of the game or otherwise | ||||||
8 | upon the player's score. | ||||||
9 | (3) Only merchandise prizes are awarded. | ||||||
10 | (4) The wholesale value of prizes awarded in lieu of | ||||||
11 | tickets or tokens for single play of the device does not | ||||||
12 | exceed $25. | ||||||
13 | (5) The redemption value of tickets, tokens, and other | ||||||
14 | representations of value, which may be accumulated by | ||||||
15 | players to redeem prizes of greater value, for a single | ||||||
16 | play of the device does not exceed $25. | ||||||
17 | "Wager" means a sum of money or thing of value risked on an | ||||||
18 | uncertain outcome. | ||||||
19 | Section 10. Wagering facilitation prohibited. No family | ||||||
20 | amusement establishment shall facilitate wagering on amusement | ||||||
21 | devices. Facilitating wagering on amusement devices includes, | ||||||
22 | but is not limited to, taking any action that knowingly allows | ||||||
23 | any entity to facilitate wagering on amusement devices on the | ||||||
24 | family amusement establishment's premises. |
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1 | Section 15. Wagering advertising prohibited. No family | ||||||
2 | amusement establishment shall engage in advertising that | ||||||
3 | promotes wagering on amusement devices. | ||||||
4 | Section 20. Exemptions. Nothing in this Act shall prohibit | ||||||
5 | a family amusement establishment from offering: | ||||||
6 | (1) a coin-in-the-slot operated mechanical device | ||||||
7 | played for amusement which rewards the player with the | ||||||
8 | right to replay such mechanical device, which device is so | ||||||
9 | constructed or devised as to make such result of the | ||||||
10 | operation thereof depend in part upon the skill of the | ||||||
11 | player and which returns to the player thereof no money, | ||||||
12 | property, or right to receive money or property; | ||||||
13 | (2) a vending machine by which full and adequate | ||||||
14 | return is made for the money invested and in which there is | ||||||
15 | no element of chance or hazard; | ||||||
16 | (3) a crane game; or | ||||||
17 | (4) a redemption machine. | ||||||
18 | Section 25. The Criminal Code of 2012 is amended by | ||||||
19 | changing Section 28-1 as follows: | ||||||
20 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1) | ||||||
21 | Sec. 28-1. Gambling. | ||||||
22 | (a) A person commits gambling when he or she: | ||||||
23 | (1) knowingly plays a game of chance or skill for |
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1 | money or other thing of value, unless excepted in | ||||||
2 | subsection (b) of this Section; | ||||||
3 | (2) knowingly makes a wager upon the result of any | ||||||
4 | game, contest, or any political nomination, appointment or | ||||||
5 | election; | ||||||
6 | (3) knowingly operates, keeps, owns, uses, purchases, | ||||||
7 | exhibits, rents, sells, bargains for the sale or lease of, | ||||||
8 | manufactures or distributes any gambling device; | ||||||
9 | (4) contracts to have or give himself or herself or | ||||||
10 | another the option to buy or sell, or contracts to buy or | ||||||
11 | sell, at a future time, any grain or other commodity | ||||||
12 | whatsoever, or any stock or security of any company, where | ||||||
13 | it is at the time of making such contract intended by both | ||||||
14 | parties thereto that the contract to buy or sell, or the | ||||||
15 | option, whenever exercised, or the contract resulting | ||||||
16 | therefrom, shall be settled, not by the receipt or | ||||||
17 | delivery of such property, but by the payment only of | ||||||
18 | differences in prices thereof; however, the issuance, | ||||||
19 | purchase, sale, exercise, endorsement or guarantee, by or | ||||||
20 | through a person registered with the Secretary of State | ||||||
21 | pursuant to Section 8 of the Illinois Securities Law of | ||||||
22 | 1953, or by or through a person exempt from such | ||||||
23 | registration under said Section 8, of a put, call, or | ||||||
24 | other option to buy or sell securities which have been | ||||||
25 | registered with the Secretary of State or which are exempt | ||||||
26 | from such registration under Section 3 of the Illinois |
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1 | Securities Law of 1953 is not gambling within the meaning | ||||||
2 | of this paragraph (4); | ||||||
3 | (5) knowingly owns or possesses any book, instrument | ||||||
4 | or apparatus by means of which bets or wagers have been, or | ||||||
5 | are, recorded or registered, or knowingly possesses any | ||||||
6 | money which he has received in the course of a bet or | ||||||
7 | wager; | ||||||
8 | (6) knowingly sells pools upon the result of any game | ||||||
9 | or contest of skill or chance, political nomination, | ||||||
10 | appointment or election; | ||||||
11 | (7) knowingly sets up or promotes any lottery or | ||||||
12 | sells, offers to sell or transfers any ticket or share for | ||||||
13 | any lottery; | ||||||
14 | (8) knowingly sets up or promotes any policy game or | ||||||
15 | sells, offers to sell or knowingly possesses or transfers | ||||||
16 | any policy ticket, slip, record, document or other similar | ||||||
17 | device; | ||||||
18 | (9) knowingly drafts, prints or publishes any lottery | ||||||
19 | ticket or share, or any policy ticket, slip, record, | ||||||
20 | document or similar device, except for such activity | ||||||
21 | related to lotteries, bingo games and raffles authorized | ||||||
22 | by and conducted in accordance with the laws of Illinois | ||||||
23 | or any other state or foreign government; | ||||||
24 | (10) knowingly advertises any lottery or policy game, | ||||||
25 | except for such activity related to lotteries, bingo games | ||||||
26 | and raffles authorized by and conducted in accordance with |
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1 | the laws of Illinois or any other state; | ||||||
2 | (11) knowingly transmits information as to wagers, | ||||||
3 | betting odds, or changes in betting odds by telephone, | ||||||
4 | telegraph, radio, semaphore or similar means; or knowingly | ||||||
5 | installs or maintains equipment for the transmission or | ||||||
6 | receipt of such information; except that nothing in this | ||||||
7 | subdivision (11) prohibits transmission or receipt of such | ||||||
8 | information for use in news reporting of sporting events | ||||||
9 | or contests; or | ||||||
10 | (12) knowingly establishes, maintains, or operates an | ||||||
11 | Internet site that permits a person to play a game of | ||||||
12 | chance or skill for money or other thing of value by means | ||||||
13 | of the Internet or to make a wager upon the result of any | ||||||
14 | game, contest, political nomination, appointment, or | ||||||
15 | election by means of the Internet. This item (12) does not | ||||||
16 | apply to activities referenced in items (6), (6.1), (8), | ||||||
17 | (8.1), and (15) of subsection (b) of this Section ; or . | ||||||
18 | (13) knowingly facilitates wagering on amusement | ||||||
19 | devices or knowingly engages in advertising that promotes | ||||||
20 | wagering on amusement devices in violation of the Family | ||||||
21 | Amusement Wagering Prohibition Act. | ||||||
22 | (b) Participants in any of the following activities shall | ||||||
23 | not be convicted of gambling: | ||||||
24 | (1) Agreements to compensate for loss caused by the | ||||||
25 | happening of chance including without limitation contracts | ||||||
26 | of indemnity or guaranty and life or health or accident |
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1 | insurance. | ||||||
2 | (2) Unless prohibited by the Family Amusement Wagering | ||||||
3 | Prohibition Act, offers Offers of prizes, award or | ||||||
4 | compensation to the actual contestants in any bona fide | ||||||
5 | contest for the determination of skill, speed, strength or | ||||||
6 | endurance or to the owners of animals or vehicles entered | ||||||
7 | in such contest. | ||||||
8 | (3) Pari-mutuel betting as authorized by the law of | ||||||
9 | this State. | ||||||
10 | (4) Manufacture of gambling devices, including the | ||||||
11 | acquisition of essential parts therefor and the assembly | ||||||
12 | thereof, for transportation in interstate or foreign | ||||||
13 | commerce to any place outside this State when such | ||||||
14 | transportation is not prohibited by any applicable Federal | ||||||
15 | law; or the manufacture, distribution, or possession of | ||||||
16 | video gaming terminals, as defined in the Video Gaming | ||||||
17 | Act, by manufacturers, distributors, and terminal | ||||||
18 | operators licensed to do so under the Video Gaming Act. | ||||||
19 | (5) The game commonly known as "bingo", when conducted | ||||||
20 | in accordance with the Bingo License and Tax Act. | ||||||
21 | (6) Lotteries when conducted by the State of Illinois | ||||||
22 | in accordance with the Illinois Lottery Law. This | ||||||
23 | exemption includes any activity conducted by the | ||||||
24 | Department of Revenue to sell lottery tickets pursuant to | ||||||
25 | the provisions of the Illinois Lottery Law and its rules. | ||||||
26 | (6.1) The purchase of lottery tickets through the |
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1 | Internet for a lottery conducted by the State of Illinois | ||||||
2 | under the program established in Section 7.12 of the | ||||||
3 | 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 enterprise. | ||||||
7 | For the purpose of this subparagraph (b)(7), an antique | ||||||
8 | slot machine is one manufactured 25 years ago or earlier. | ||||||
9 | (8) Raffles and poker runs when conducted in | ||||||
10 | accordance with the Raffles and Poker Runs Act. | ||||||
11 | (8.1) The purchase of raffle chances for a raffle | ||||||
12 | conducted in accordance with the Raffles and Poker Runs | ||||||
13 | Act. | ||||||
14 | (9) Charitable games when conducted in accordance with | ||||||
15 | the Charitable Games Act. | ||||||
16 | (10) Pull tabs and jar games when conducted under the | ||||||
17 | Illinois Pull Tabs and Jar Games Act. | ||||||
18 | (11) Gambling games when authorized by the Illinois | ||||||
19 | Gambling Act. | ||||||
20 | (12) Video gaming terminal games at a licensed | ||||||
21 | establishment, licensed truck stop establishment, licensed | ||||||
22 | large truck stop establishment, licensed fraternal | ||||||
23 | establishment, or licensed veterans establishment when | ||||||
24 | conducted in accordance with the Video Gaming Act. | ||||||
25 | (13) Games of skill or chance where money or other | ||||||
26 | things of value can be won but no payment or purchase is |
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1 | required to participate. | ||||||
2 | (14) Savings promotion raffles authorized under | ||||||
3 | Section 5g of the Illinois Banking Act, Section 7008 of | ||||||
4 | the Savings Bank Act, Section 42.7 of the Illinois Credit | ||||||
5 | Union Act, Section 5136B of the National Bank Act (12 | ||||||
6 | U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 | ||||||
7 | U.S.C. 1463). | ||||||
8 | (15) Sports wagering when conducted in accordance with | ||||||
9 | the Sports Wagering Act. | ||||||
10 | (c) Sentence. | ||||||
11 | Gambling is a Class A misdemeanor. A second or subsequent | ||||||
12 | conviction under subsections (a)(3) through (a)(12), is a | ||||||
13 | Class 4 felony. | ||||||
14 | (d) Circumstantial evidence. | ||||||
15 | In prosecutions under this Section circumstantial evidence | ||||||
16 | shall have the same validity and weight as in any criminal | ||||||
17 | prosecution. | ||||||
18 | (Source: P.A. 101-31, Article 25, Section 25-915, eff. | ||||||
19 | 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; | ||||||
20 | 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)". |