Illinois General Assembly - Full Text of HB0712
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Full Text of HB0712  102nd General Assembly

HB0712 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0712

 

Introduced 2/8/2021, by Rep. Tim Butler

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 40/35
720 ILCS 5/28-1  from Ch. 38, par. 28-1
720 ILCS 5/28-2  from Ch. 38, par. 28-2

    Amends the Criminal Code of 2012. Changes the definition of "gambling device" to include any vending or other electronic machine or device, including, without limitation, a machine or device that awards credits and contains a circuit, meter, or switch capable of removing and recording the removal of credits that offers a person entry into any contest, competition, sweepstakes, scheme, plan, or other selection process that involves or is dependent upon an element of chance for which the person may receive a gift, award, or other item or service of value if that offer is incidental to or results from: (A) the purchase of an item or service of value; or (B) the purchase or gratuitous receipt of a coupon, voucher, certificate, or other similar credit that can be redeemed for or applied towards an item or service of value from such machine or device or elsewhere. Provides that participants in a game of skill or chance where money or other things of value can be won but no payment or purchase is required to participate shall not be convicted of gambling except where participation in such game of skill or chance is accomplished using a gambling device prohibited by these changes to the definition. Further provides that a gambling offense involving such a gambling device is a Class 4 felony. Amends the Video Gaming Act. Removes a provision allowing for the use of a game device without a license if the game device is used in an activity that is not gambling under the Criminal Code of 2012. Effective immediately.


LRB102 12702 SMS 18041 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0712LRB102 12702 SMS 18041 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Video Gaming Act is amended by changing
5Section 35 as follows:
 
6    (230 ILCS 40/35)
7    Sec. 35. Display of license; confiscation; violation as
8felony.
9    (a) Each video gaming terminal shall be licensed by the
10Board before placement or operation on the premises of a
11licensed establishment, licensed truck stop establishment,
12licensed large truck stop establishment, licensed fraternal
13establishment, or licensed veterans establishment. The license
14of each video gaming terminal shall be maintained at the
15location where the video gaming terminal is operated. Failure
16to do so is a petty offense with a fine not to exceed $100. Any
17licensed establishment, licensed truck stop establishment,
18licensed large truck stop establishment, licensed fraternal
19establishment, or licensed veterans establishment used for the
20conduct of gambling games in violation of this Act shall be
21considered a gambling place in violation of Section 28-3 of
22the Criminal Code of 2012. Every gambling device found in a
23licensed establishment, licensed truck stop establishment,

 

 

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1licensed large truck stop establishment, licensed fraternal
2establishment, or licensed veterans establishment operating
3gambling games in violation of this Act shall be subject to
4seizure, confiscation, and destruction as provided in Section
528-5 of the Criminal Code of 2012. Any license issued under the
6Liquor Control Act of 1934 to any owner or operator of a
7licensed establishment, licensed truck stop establishment,
8licensed large truck stop establishment, licensed fraternal
9establishment, or licensed veterans establishment that
10operates or permits the operation of a video gaming terminal
11within its establishment in violation of this Act shall be
12immediately revoked. No person may own, operate, have in his
13or her possession or custody or under his or her control, or
14permit to be kept in any place under his or her possession or
15control, any device that awards credits and contains a
16circuit, meter, or switch capable of removing and recording
17the removal of credits when the award of credits is dependent
18upon chance.
19    Nothing in this Section shall be deemed to prohibit the
20use of a game device only if the game device is used in an
21activity that is not gambling under subsection (b) of Section
2228-1 of the Criminal Code of 2012.
23    A violation of this Section is a Class 4 felony. All
24devices that are owned, operated, or possessed in violation of
25this Section are hereby declared to be public nuisances and
26shall be subject to seizure, confiscation, and destruction as

 

 

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1provided in Section 28-5 of the Criminal Code of 2012.
2    The provisions of this Section do not apply to devices or
3electronic video game terminals licensed pursuant to this Act.
4A video gaming terminal operated for amusement only and
5bearing a valid amusement tax sticker shall not be subject to
6this Section until 30 days after the Board establishes that
7the central communications system is functional.
8    (b) (1) The odds of winning each video game shall be posted
9on or near each video gaming terminal. The manner in which the
10odds are calculated and how they are posted shall be
11determined by the Board by rule.
12    (2) No video gaming terminal licensed under this Act may
13be played except during the legal hours of operation allowed
14for the consumption of alcoholic beverages at the licensed
15establishment, licensed fraternal establishment, or licensed
16veterans establishment. A licensed establishment, licensed
17fraternal establishment, or licensed veterans establishment
18that violates this subsection is subject to termination of its
19license by the Board.
20(Source: P.A. 101-31, eff. 6-28-19.)
 
21    Section 10. The Criminal Code of 2012 is amended by
22changing Sections 28-1 and 28-2 as follows:
 
23    (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
24    Sec. 28-1. Gambling.

 

 

HB0712- 4 -LRB102 12702 SMS 18041 b

1    (a) A person commits gambling when he or she:
2        (1) knowingly plays a game of chance or skill for
3    money or other thing of value, unless excepted in
4    subsection (b) of this Section;
5        (2) knowingly makes a wager upon the result of any
6    game, contest, or any political nomination, appointment or
7    election;
8        (3) knowingly operates, keeps, owns, uses, purchases,
9    exhibits, rents, sells, bargains for the sale or lease of,
10    manufactures or distributes any gambling device;
11        (4) contracts to have or give himself or herself or
12    another the option to buy or sell, or contracts to buy or
13    sell, at a future time, any grain or other commodity
14    whatsoever, or any stock or security of any company, where
15    it is at the time of making such contract intended by both
16    parties thereto that the contract to buy or sell, or the
17    option, whenever exercised, or the contract resulting
18    therefrom, shall be settled, not by the receipt or
19    delivery of such property, but by the payment only of
20    differences in prices thereof; however, the issuance,
21    purchase, sale, exercise, endorsement or guarantee, by or
22    through a person registered with the Secretary of State
23    pursuant to Section 8 of the Illinois Securities Law of
24    1953, or by or through a person exempt from such
25    registration under said Section 8, of a put, call, or
26    other option to buy or sell securities which have been

 

 

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1    registered with the Secretary of State or which are exempt
2    from such registration under Section 3 of the Illinois
3    Securities Law of 1953 is not gambling within the meaning
4    of this paragraph (4);
5        (5) knowingly owns or possesses any book, instrument
6    or apparatus by means of which bets or wagers have been, or
7    are, recorded or registered, or knowingly possesses any
8    money which he has received in the course of a bet or
9    wager;
10        (6) knowingly sells pools upon the result of any game
11    or contest of skill or chance, political nomination,
12    appointment or election;
13        (7) knowingly sets up or promotes any lottery or
14    sells, offers to sell or transfers any ticket or share for
15    any lottery;
16        (8) knowingly sets up or promotes any policy game or
17    sells, offers to sell or knowingly possesses or transfers
18    any policy ticket, slip, record, document or other similar
19    device;
20        (9) knowingly drafts, prints or publishes any lottery
21    ticket or share, or any policy ticket, slip, record,
22    document or similar device, except for such activity
23    related to lotteries, bingo games and raffles authorized
24    by and conducted in accordance with the laws of Illinois
25    or any other state or foreign government;
26        (10) knowingly advertises any lottery or policy game,

 

 

HB0712- 6 -LRB102 12702 SMS 18041 b

1    except for such activity related to lotteries, bingo games
2    and raffles authorized by and conducted in accordance with
3    the laws of Illinois or any other state;
4        (11) knowingly transmits information as to wagers,
5    betting odds, or changes in betting odds by telephone,
6    telegraph, radio, semaphore or similar means; or knowingly
7    installs or maintains equipment for the transmission or
8    receipt of such information; except that nothing in this
9    subdivision (11) prohibits transmission or receipt of such
10    information for use in news reporting of sporting events
11    or contests; or
12        (12) knowingly establishes, maintains, or operates an
13    Internet site that permits a person to play a game of
14    chance or skill for money or other thing of value by means
15    of the Internet or to make a wager upon the result of any
16    game, contest, political nomination, appointment, or
17    election by means of the Internet. This item (12) does not
18    apply to activities referenced in items (6), (6.1), (8),
19    and (8.1), and (15) of subsection (b) of this Section.
20    (b) Participants in any of the following activities shall
21not be convicted of gambling:
22        (1) Agreements to compensate for loss caused by the
23    happening of chance including without limitation contracts
24    of indemnity or guaranty and life or health or accident
25    insurance.
26        (2) Offers of prizes, award or compensation to the

 

 

HB0712- 7 -LRB102 12702 SMS 18041 b

1    actual contestants in any bona fide contest for the
2    determination of skill, speed, strength or endurance or to
3    the owners of animals or vehicles entered in such contest.
4        (3) Pari-mutuel betting as authorized by the law of
5    this State.
6        (4) Manufacture of gambling devices, including the
7    acquisition of essential parts therefor and the assembly
8    thereof, for transportation in interstate or foreign
9    commerce to any place outside this State when such
10    transportation is not prohibited by any applicable Federal
11    law; or the manufacture, distribution, or possession of
12    video gaming terminals, as defined in the Video Gaming
13    Act, by manufacturers, distributors, and terminal
14    operators licensed to do so under the Video Gaming Act.
15        (5) The game commonly known as "bingo", when conducted
16    in accordance with the Bingo License and Tax Act.
17        (6) Lotteries when conducted by the State of Illinois
18    in accordance with the Illinois Lottery Law. This
19    exemption includes any activity conducted by the
20    Department of Revenue to sell lottery tickets pursuant to
21    the provisions of the Illinois Lottery Law and its rules.
22        (6.1) The purchase of lottery tickets through the
23    Internet for a lottery conducted by the State of Illinois
24    under the program established in Section 7.12 of the
25    Illinois Lottery Law.
26        (7) Possession of an antique slot machine that is

 

 

HB0712- 8 -LRB102 12702 SMS 18041 b

1    neither used nor intended to be used in the operation or
2    promotion of any unlawful gambling activity or enterprise.
3    For the purpose of this subparagraph (b)(7), an antique
4    slot machine is one manufactured 25 years ago or earlier.
5        (8) Raffles and poker runs when conducted in
6    accordance with the Raffles and Poker Runs Act.
7        (8.1) The purchase of raffle chances for a raffle
8    conducted in accordance with the Raffles and Poker Runs
9    Act.
10        (9) Charitable games when conducted in accordance with
11    the Charitable Games Act.
12        (10) Pull tabs and jar games when conducted under the
13    Illinois Pull Tabs and Jar Games Act.
14        (11) Gambling games when authorized by the Illinois
15    Gambling Act.
16        (12) Video gaming terminal games at a licensed
17    establishment, licensed truck stop establishment, licensed
18    large truck stop establishment, licensed fraternal
19    establishment, or licensed veterans establishment when
20    conducted in accordance with the Video Gaming Act.
21        (13) Games of skill or chance where money or other
22    things of value can be won but no payment or purchase is
23    required to participate, except where participation in
24    such game of skill or chance is accomplished using a
25    gambling device prohibited by Section 28-2(a)(iii).
26        (14) Savings promotion raffles authorized under

 

 

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1    Section 5g of the Illinois Banking Act, Section 7008 of
2    the Savings Bank Act, Section 42.7 of the Illinois Credit
3    Union Act, Section 5136B of the National Bank Act (12
4    U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12
5    U.S.C. 1463).
6        (15) Sports wagering when conducted in accordance with
7    the Sports Wagering Act.
8    (c) Sentence.
9        (1) Gambling is a Class A misdemeanor. A second or
10    subsequent conviction under subsections (a)(3) through
11    (a)(12), is a Class 4 felony.
12        (2) Notwithstanding subsection (c)(1), or anything
13    else contained in this Section to the contrary, a gambling
14    offense involving a device described in Section
15    28-2(a)(iii) is a Class 4 felony.
16    (d) Circumstantial evidence.
17    In prosecutions under this Section circumstantial evidence
18shall have the same validity and weight as in any criminal
19prosecution.
20(Source: P.A. 101-31, Article 25, Section 25-915, eff.
216-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
22101-109, eff. 7-19-19; revised 8-6-19.)
 
23    (720 ILCS 5/28-2)  (from Ch. 38, par. 28-2)
24    Sec. 28-2. Definitions.
25    (a) A "gambling device" is: (i) any clock, tape machine,

 

 

HB0712- 10 -LRB102 12702 SMS 18041 b

1slot machine or other machines or device for the reception of
2money or other thing of value on chance or skill or upon the
3action of which money or other thing of value is staked,
4hazarded, bet, won, or lost; (ii) or any mechanism, furniture,
5fixture, equipment, or other device designed primarily for use
6in a gambling place; or (iii) any vending or other electronic
7machine or device, including, without limitation, a machine or
8device that awards credits and contains a circuit, meter, or
9switch capable of removing and recording the removal of
10credits that offers a person entry into any contest,
11competition, sweepstakes, scheme, plan, or other selection
12process that involves or is dependent upon an element of
13chance for which the person may receive a gift, award, or other
14item or service of value if that offer is incidental to or
15results from: (A) the purchase of an item or service of value;
16or (B) the purchase or gratuitous receipt of a coupon,
17voucher, certificate, or other similar credit that can be
18redeemed for or applied towards an item or service of value
19from such machine or device or elsewhere. A "gambling device"
20does not include:
21        (1) A coin-in-the-slot operated mechanical device
22    played for amusement which rewards the player with the
23    right to replay such mechanical device, which device is so
24    constructed or devised as to make such result of the
25    operation thereof depend in part upon the skill of the
26    player and which returns to the player thereof no money,

 

 

HB0712- 11 -LRB102 12702 SMS 18041 b

1    property, or right to receive money or property.
2        (2) Except as otherwise provided in this subsection
3    (a), a vending machine Vending machines by which full and
4    adequate return is made for the money invested and in
5    which there is no element of chance or hazard.
6        (3) A crane game. For the purposes of this paragraph
7    (3), a "crane game" is an amusement device involving
8    skill, if it rewards the player exclusively with
9    merchandise contained within the amusement device proper
10    and limited to toys, novelties, and prizes other than
11    currency, each having a wholesale value which is not more
12    than $25.
13        (4) A redemption machine. For the purposes of this
14    paragraph (4), a "redemption machine" is a single-player
15    or multi-player amusement device involving a game, the
16    object of which is throwing, rolling, bowling, shooting,
17    placing, or propelling a ball or other object that is
18    either physical or computer generated on a display or with
19    lights into, upon, or against a hole or other target that
20    is either physical or computer generated on a display or
21    with lights, or stopping, by physical, mechanical, or
22    electronic means, a moving object that is either physical
23    or computer generated on a display or with lights into,
24    upon, or against a hole or other target that is either
25    physical or computer generated on a display or with
26    lights, provided that all of the following conditions are

 

 

HB0712- 12 -LRB102 12702 SMS 18041 b

1    met:
2            (A) The outcome of the game is predominantly
3        determined by the skill of the player.
4            (B) The award of the prize is based solely upon the
5        player's achieving the object of the game or otherwise
6        upon the player's score.
7            (C) Only merchandise prizes are awarded.
8            (D) The wholesale value of prizes awarded in lieu
9        of tickets or tokens for single play of the device does
10        not exceed $25.
11            (E) The redemption value of tickets, tokens, and
12        other representations of value, which may be
13        accumulated by players to redeem prizes of greater
14        value, for a single play of the device does not exceed
15        $25.
16        (5) Video gaming terminals at a licensed
17    establishment, licensed truck stop establishment, licensed
18    large truck stop establishment, licensed fraternal
19    establishment, or licensed veterans establishment licensed
20    in accordance with the Video Gaming Act.
21    (a-5) "Internet" means an interactive computer service or
22system or an information service, system, or access software
23provider that provides or enables computer access by multiple
24users to a computer server, and includes, but is not limited
25to, an information service, system, or access software
26provider that provides access to a network system commonly

 

 

HB0712- 13 -LRB102 12702 SMS 18041 b

1known as the Internet, or any comparable system or service and
2also includes, but is not limited to, a World Wide Web page,
3newsgroup, message board, mailing list, or chat area on any
4interactive computer service or system or other online
5service.
6    (a-6) "Access" has the meaning ascribed to the term in
7Section 17-55.
8    (a-7) "Computer" has the meaning ascribed to the term in
9Section 17-0.5.
10    (b) A "lottery" is any scheme or procedure whereby one or
11more prizes are distributed by chance among persons who have
12paid or promised consideration for a chance to win such
13prizes, whether such scheme or procedure is called a lottery,
14raffle, gift, sale, or some other name, excluding savings
15promotion raffles authorized under Section 5g of the Illinois
16Banking Act, Section 7008 of the Savings Bank Act, Section
1742.7 of the Illinois Credit Union Act, Section 5136B of the
18National Bank Act (12 U.S.C. 25a), or Section 4 of the Home
19Owners' Loan Act (12 U.S.C. 1463).
20    (c) A "policy game" is any scheme or procedure whereby a
21person promises or guarantees by any instrument, bill,
22certificate, writing, token, or other device that any
23particular number, character, ticket, or certificate shall in
24the event of any contingency in the nature of a lottery entitle
25the purchaser or holder to receive money, property, or
26evidence of debt.

 

 

HB0712- 14 -LRB102 12702 SMS 18041 b

1    (d) It is the intent of Section 28-2(a)(iii) to prohibit
2any mechanism that seeks to avoid being considered a gambling
3device through the use of any subterfuge or pretense
4whatsoever.
5(Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20;
6revised 8-6-19.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.