Rep. Robert S. Molaro

Filed: 2/28/2006

 

 


 

 


 
09400HB5227ham002 LRB094 16114 RCE 56692 a

1
AMENDMENT TO HOUSE BILL 5227

2     AMENDMENT NO. ______. Amend House Bill 5227, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Coin-Operated Amusement Device and
6 Redemption Machine Tax Act is amended by changing Section 3 as
7 follows:
 
8     (35 ILCS 510/3)  (from Ch. 120, par. 481b.3)
9     Sec. 3. Transfer of decals; affixing decals.
10     (1) All privilege tax decals herein provided for shall be
11 transferable from one device to another device. Any such
12 transfer from one device to another shall be reported to the
13 Department of Revenue on forms prescribed by such Department.
14 All privilege tax decals issued hereunder shall expire on July
15 31 following issuance.
16     (2) All privilege tax decals must be securely affixed to
17 the device. A decal that is attached to a device behind a
18 transparent plate or covering that is screwed, bolted, or
19 otherwise securely fastened to the device is deemed to be
20 securely affixed for the purposes of this Section (Blank).
21 (Source: P.A. 93-32, eff. 7-1-03.)
 
22     Section 10. The Criminal Code of 1961 is amended by
23 changing Sections 28-1 and 28-2 as follows:
 

 

 

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1     (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
2     Sec. 28-1. Gambling.
3     (a) A person commits gambling when he:
4         (1) Plays a game of chance or skill for money or other
5     thing of value, unless excepted in subsection (b) of this
6     Section; or
7         (2) Makes a wager upon the result of any game, contest,
8     or any political nomination, appointment or election; or
9         (3) Operates, keeps, owns, uses, purchases, exhibits,
10     rents, sells, bargains for the sale or lease of,
11     manufactures or distributes any gambling device; or
12         (4) Contracts to have or give himself or another the
13     option to buy or sell, or contracts to buy or sell, at a
14     future time, any grain or other commodity whatsoever, or
15     any stock or security of any company, where it is at the
16     time of making such contract intended by both parties
17     thereto that the contract to buy or sell, or the option,
18     whenever exercised, or the contract resulting therefrom,
19     shall be settled, not by the receipt or delivery of such
20     property, but by the payment only of differences in prices
21     thereof; however, the issuance, purchase, sale, exercise,
22     endorsement or guarantee, by or through a person registered
23     with the Secretary of State pursuant to Section 8 of the
24     Illinois Securities Law of 1953, or by or through a person
25     exempt from such registration under said Section 8, of a
26     put, call, or other option to buy or sell securities which
27     have been registered with the Secretary of State or which
28     are exempt from such registration under Section 3 of the
29     Illinois Securities Law of 1953 is not gambling within the
30     meaning of this paragraph (4); or
31         (5) Knowingly owns or possesses any book, instrument or
32     apparatus by means of which bets or wagers have been, or
33     are, recorded or registered, or knowingly possesses any

 

 

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1     money which he has received in the course of a bet or
2     wager; or
3         (6) Sells pools upon the result of any game or contest
4     of skill or chance, political nomination, appointment or
5     election; or
6         (7) Sets up or promotes any lottery or sells, offers to
7     sell or transfers any ticket or share for any lottery; or
8         (8) Sets up or promotes any policy game or sells,
9     offers to sell or knowingly possesses or transfers any
10     policy ticket, slip, record, document or other similar
11     device; or
12         (9) Knowingly drafts, prints or publishes any lottery
13     ticket or share, or any policy ticket, slip, record,
14     document or similar device, except for such activity
15     related to lotteries, bingo games and raffles authorized by
16     and conducted in accordance with the laws of Illinois or
17     any other state or foreign government; or
18         (10) Knowingly advertises any lottery or policy game,
19     except for such activity related to lotteries, bingo games
20     and raffles authorized by and conducted in accordance with
21     the laws of Illinois or any other state; or
22         (11) Knowingly transmits information as to wagers,
23     betting odds, or changes in betting odds by telephone,
24     telegraph, radio, semaphore or similar means; or knowingly
25     installs or maintains equipment for the transmission or
26     receipt of such information; except that nothing in this
27     subdivision (11) prohibits transmission or receipt of such
28     information for use in news reporting of sporting events or
29     contests; or
30         (12) Knowingly establishes, maintains, or operates an
31     Internet site that permits a person to play a game of
32     chance or skill for money or other thing of value by means
33     of the Internet or to make a wager upon the result of any
34     game, contest, political nomination, appointment, or

 

 

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1     election by means of the Internet.
2     (b) Participants in any of the following activities shall
3 not be convicted of gambling therefor:
4         (1) Agreements to compensate for loss caused by the
5     happening of chance including without limitation contracts
6     of indemnity or guaranty and life or health or accident
7     insurance;
8         (2) Offers of prizes, award or compensation to the
9     actual contestants in any bona fide contest for the
10     determination of skill, speed, strength or endurance or to
11     the owners of animals or vehicles entered in such contest;
12         (3) Pari-mutuel betting as authorized by the law of
13     this State;
14         (4) Manufacture of gambling devices, including the
15     acquisition of essential parts therefor and the assembly
16     thereof, for transportation in interstate or foreign
17     commerce to any place outside this State when such
18     transportation is not prohibited by any applicable Federal
19     law;
20         (5) The game commonly known as "bingo", when conducted
21     in accordance with the Bingo License and Tax Act;
22         (6) Lotteries when conducted by the State of Illinois
23     in accordance with the Illinois Lottery Law;
24         (7) Possession of an antique slot machine that is
25     neither used nor intended to be used in the operation or
26     promotion of any unlawful gambling activity or enterprise.
27     For the purpose of this subparagraph (b)(7), an antique
28     slot machine is one manufactured 25 years ago or earlier;
29         (8) Raffles when conducted in accordance with the
30     Raffles Act;
31         (9) Charitable games when conducted in accordance with
32     the Charitable Games Act;
33         (10) Pull tabs and jar games when conducted under the
34     Illinois Pull Tabs and Jar Games Act; or

 

 

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1         (11) Gambling games conducted on riverboats when
2     authorized by the Riverboat Gambling Act; or
3         (12) Offers of prizes, awards, or compensation to the
4     actual contestants in any bona fide contest between 2 or
5     more individuals participating in (1) an electronic video
6     game simulating a contest requiring skill, experience,
7     dexterity, and precision and where the element of chance
8     does not predominate or (2) an electronic video game
9     requiring speed and accuracy of response to factual
10     questions and where the element of chance does not
11     predominate; but not including card games and simulated
12     card games and not including any gambling game or activity
13     of the type conducted under the Bingo Licensing Act, the
14     Illinois Lottery Law, the Raffles Act, the Charitable Games
15     Act, the Illinois Pull Tabs and Jar Games Act, or the
16     Riverboat Gambling Act.
17     (c) Sentence.
18     Gambling under subsection (a)(1) or (a)(2) of this Section
19 is a Class A misdemeanor. Gambling under any of subsections
20 (a)(3) through (a)(11) of this Section is a Class A
21 misdemeanor. A second or subsequent conviction under any of
22 subsections (a)(3) through (a)(11), is a Class 4 felony.
23 Gambling under subsection (a)(12) of this Section is a Class A
24 misdemeanor. A second or subsequent conviction under
25 subsection (a)(12) is a Class 4 felony.
26     (d) Circumstantial evidence.
27     In prosecutions under subsection (a)(1) through (a)(12) of
28 this Section circumstantial evidence shall have the same
29 validity and weight as in any criminal prosecution.
30 (Source: P.A. 91-257, eff. 1-1-00.)
 
31     (720 ILCS 5/28-2)  (from Ch. 38, par. 28-2)
32     Sec. 28-2. Definitions.
33     (a) A "gambling device" is any clock, tape machine, slot

 

 

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1 machine or other machines or device for the reception of money
2 or other thing of value on chance or skill or upon the action
3 of which money or other thing of value is staked, hazarded,
4 bet, won or lost; or any mechanism, furniture, fixture,
5 equipment or other device designed primarily for use in a
6 gambling place. A "gambling device" does not include:
7         (1) A coin-in-the-slot operated mechanical device
8     played for amusement which rewards the player with the
9     right to replay such mechanical device, which device is so
10     constructed or devised as to make such result of the
11     operation thereof depend in part upon the skill of the
12     player and which returns to the player thereof no money,
13     property or right to receive money or property.
14         (2) Vending machines by which full and adequate return
15     is made for the money invested and in which there is no
16     element of chance or hazard.
17         (3) A crane game. For the purposes of this paragraph
18     (3), a "crane game" is an amusement device involving skill,
19     if it rewards the player exclusively with merchandise
20     contained within the amusement device proper and limited to
21     toys, novelties and prizes other than currency, each having
22     a wholesale value which is not more than $100 7 times the
23     cost charged to play the amusement device once or $5,
24     whichever is less.
25         (4) A redemption machine. For the purposes of this
26     paragraph (4), a "redemption machine" is a single-player or
27     multi-player amusement device involving a game, the object
28     of which is throwing, rolling, bowling, shooting, placing,
29     or propelling a ball or other object into, upon, or against
30     a hole or other target, provided that all of the following
31     conditions are met:
32             (A) The outcome of the game is predominantly
33         determined by the skill of the player.
34             (B) The award of the prize is based solely upon the

 

 

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1         player's achieving the object of the game or otherwise
2         upon the player's score.
3             (C) Only merchandise prizes are awarded.
4             (D) The average wholesale value of prizes awarded
5         in lieu of tickets or tokens for single play of the
6         device does not exceed $100 the lesser of $5 or 7 times
7         the cost charged for a single play of the device.
8             (E) The redemption value of tickets, tokens, and
9         other representations of value, which may be
10         accumulated by players to redeem prizes of greater
11         value, does not exceed the amount charged for a single
12         play of the device.
13     (a-5) "Internet" means an interactive computer service or
14 system or an information service, system, or access software
15 provider that provides or enables computer access by multiple
16 users to a computer server, and includes, but is not limited
17 to, an information service, system, or access software provider
18 that provides access to a network system commonly known as the
19 Internet, or any comparable system or service and also
20 includes, but is not limited to, a World Wide Web page,
21 newsgroup, message board, mailing list, or chat area on any
22 interactive computer service or system or other online service.
23     (a-6) "Access" and "computer" have the meanings ascribed to
24 them in Section 16D-2 of this Code.
25     (b) A "lottery" is any scheme or procedure whereby one or
26 more prizes are distributed by chance among persons who have
27 paid or promised consideration for a chance to win such prizes,
28 whether such scheme or procedure is called a lottery, raffle,
29 gift, sale or some other name.
30     (c) A "policy game" is any scheme or procedure whereby a
31 person promises or guarantees by any instrument, bill,
32 certificate, writing, token or other device that any particular
33 number, character, ticket or certificate shall in the event of
34 any contingency in the nature of a lottery entitle the

 

 

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1 purchaser or holder to receive money, property or evidence of
2 debt.
3 (Source: P.A. 91-257, eff. 1-1-00.)
 
4     Section 99. Effective date. This Act takes effect upon
5 becoming law.".