Sen. Kirk W. Dillard

Filed: 3/16/2006

 

 


 

 


 
09400HB4132sam001 LRB094 14522 RLC 57327 a

1
AMENDMENT TO HOUSE BILL 4132

2     AMENDMENT NO. ______. Amend House Bill 4132 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Criminal Code of 1961 is amended by
5 changing Section 28-1 as follows:
 
6     (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
7     Sec. 28-1. Gambling.
8     (a) A person commits gambling when he:
9         (1) Plays a game of chance or skill for money or other
10     thing of value, unless excepted in subsection (b) of this
11     Section; or
12         (2) Makes a wager upon the result of any game, contest,
13     or any political nomination, appointment or election; or
14         (3) Operates, keeps, owns, uses, purchases, exhibits,
15     rents, sells, bargains for the sale or lease of,
16     manufactures or distributes any gambling device; or
17         (4) Contracts to have or give himself or another the
18     option to buy or sell, or contracts to buy or sell, at a
19     future time, any grain or other commodity whatsoever, or
20     any stock or security of any company, where it is at the
21     time of making such contract intended by both parties
22     thereto that the contract to buy or sell, or the option,
23     whenever exercised, or the contract resulting therefrom,
24     shall be settled, not by the receipt or delivery of such

 

 

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1     property, but by the payment only of differences in prices
2     thereof; however, the issuance, purchase, sale, exercise,
3     endorsement or guarantee, by or through a person registered
4     with the Secretary of State pursuant to Section 8 of the
5     Illinois Securities Law of 1953, or by or through a person
6     exempt from such registration under said Section 8, of a
7     put, call, or other option to buy or sell securities which
8     have been registered with the Secretary of State or which
9     are exempt from such registration under Section 3 of the
10     Illinois Securities Law of 1953 is not gambling within the
11     meaning of this paragraph (4); or
12         (5) Knowingly owns or possesses any book, instrument or
13     apparatus by means of which bets or wagers have been, or
14     are, recorded or registered, or knowingly possesses any
15     money which he has received in the course of a bet or
16     wager; or
17         (6) Sells pools upon the result of any game or contest
18     of skill or chance, political nomination, appointment or
19     election; or
20         (7) Sets up or promotes any lottery or sells, offers to
21     sell or transfers any ticket or share for any lottery; or
22         (8) Sets up or promotes any policy game or sells,
23     offers to sell or knowingly possesses or transfers any
24     policy ticket, slip, record, document or other similar
25     device; or
26         (9) Knowingly drafts, prints or publishes any lottery
27     ticket or share, or any policy ticket, slip, record,
28     document or similar device, except for such activity
29     related to lotteries, bingo games and raffles authorized by
30     and conducted in accordance with the laws of Illinois or
31     any other state or foreign government; or
32         (10) Knowingly advertises any lottery or policy game,
33     except for such activity related to lotteries, bingo games
34     and raffles authorized by and conducted in accordance with

 

 

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1     the laws of Illinois or any other state; or
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 or
9     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.
16     (b) Participants in any of the following activities shall
17 not be convicted of gambling therefor:
18         (1) Agreements to compensate for loss caused by the
19     happening of chance including without limitation contracts
20     of indemnity or guaranty and life or health or accident
21     insurance;
22         (2) Offers of prizes, award or compensation to the
23     actual contestants in any bona fide contest for the
24     determination of skill, speed, strength or endurance or to
25     the owners of animals or vehicles entered in such contest;
26         (3) Pari-mutuel betting as authorized by the law of
27     this State;
28         (4) Manufacture of gambling devices, including the
29     acquisition of essential parts therefor and the assembly
30     thereof, for transportation in interstate or foreign
31     commerce to any place outside this State when such
32     transportation is not prohibited by any applicable Federal
33     law;
34         (5) The game commonly known as "bingo", when conducted

 

 

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1     in accordance with the Bingo License and Tax Act;
2         (6) Lotteries when conducted by the State of Illinois
3     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 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 when conducted in accordance with the
10     Raffles Act;
11         (9) Charitable games when conducted in accordance with
12     the Charitable Games Act;
13         (10) Pull tabs and jar games when conducted under the
14     Illinois Pull Tabs and Jar Games Act; or
15         (11) Gambling games conducted on riverboats when
16     authorized by the Riverboat Gambling Act; or
17         (12) Offers of prizes, awards, or compensation to the
18     actual contestants in any bona fide contest between 2 or
19     more individuals participating in (1) an electronic video
20     game simulating a contest requiring skill, experience,
21     dexterity, and precision and where the element of chance
22     does not predominate or (2) an electronic video game
23     requiring speed and accuracy of response to factual
24     questions and where the element of chance does not
25     predominate; but not including card games and simulated
26     card games and not including any gambling game or activity
27     of the type conducted under the Bingo Licensing Act, the
28     Illinois Lottery Law, the Raffles Act, the Charitable Games
29     Act, the Illinois Pull Tabs and Jar Games Act, or the
30     Riverboat Gambling Act.
31     (c) Sentence.
32     Gambling under subsection (a)(1) or (a)(2) of this Section
33 is a Class A misdemeanor. Gambling under any of subsections
34 (a)(3) through (a)(11) of this Section is a Class A

 

 

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1 misdemeanor. A second or subsequent conviction under any of
2 subsections (a)(3) through (a)(11), is a Class 4 felony.
3 Gambling under subsection (a)(12) of this Section is a Class A
4 misdemeanor. A second or subsequent conviction under
5 subsection (a)(12) is a Class 4 felony.
6     (d) Circumstantial evidence.
7     In prosecutions under subsection (a)(1) through (a)(12) of
8 this Section circumstantial evidence shall have the same
9 validity and weight as in any criminal prosecution.
10 (Source: P.A. 91-257, eff. 1-1-00.)
 
11     Section 99. Effective date. This Act takes effect upon
12 becoming law.".