Full Text of HB3825 94th General Assembly
HB3825eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 28-1 as follows:
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| (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
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| Sec. 28-1. Gambling.
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| (a) A person commits gambling when he:
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| (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
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| (2) Makes a wager upon the result of any game, contest, | 13 |
| or any
political nomination, appointment or election; or
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| (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
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| (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
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| 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 | 25 |
| property, but by the payment only of
differences in prices | 26 |
| thereof; however, the issuance, purchase, sale,
exercise, | 27 |
| endorsement or guarantee, by or through a person registered
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| with the Secretary of State pursuant to Section 8 of the | 29 |
| Illinois
Securities Law of 1953, or by or through a person | 30 |
| exempt from such
registration under said Section 8, of a | 31 |
| put, call, or other option to
buy or sell securities which | 32 |
| have been registered with the Secretary of
State or which |
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| are exempt from such registration under Section 3 of the
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| Illinois Securities Law of 1953 is not gambling within the | 3 |
| meaning of
this paragraph (4); or
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| (5) Knowingly owns or possesses any book, instrument or | 5 |
| apparatus by
means of which bets or wagers have been, or | 6 |
| are, recorded or registered,
or knowingly possesses any | 7 |
| money which he has received in the course of
a bet or | 8 |
| wager; or
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| (6) Sells pools upon the result of any game or contest | 10 |
| of skill or
chance, political nomination, appointment or | 11 |
| election; or
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| (7) Sets up or promotes any lottery or sells, offers to | 13 |
| sell or
transfers any ticket or share for any lottery; or
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| (8) Sets up or promotes any policy game or sells, | 15 |
| offers to sell or
knowingly possesses or transfers any | 16 |
| policy ticket, slip, record,
document or other similar | 17 |
| device; or
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| (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 by
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| and conducted in accordance with the laws of Illinois or | 23 |
| any other state or
foreign government; or
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| (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 | 27 |
| the laws of Illinois or any other state; or
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| (11) Knowingly transmits information as to wagers, | 29 |
| betting odds, or
changes in betting odds by telephone, | 30 |
| telegraph, radio, semaphore or
similar means; or knowingly | 31 |
| installs or maintains equipment for the
transmission or | 32 |
| receipt of such information; except that nothing in this
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| subdivision (11) prohibits transmission or receipt of such | 34 |
| information
for use in news reporting of sporting events or | 35 |
| contests; or
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| (12) Knowingly establishes, maintains, or operates an |
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| Internet site that
permits a person to play a game of
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| chance or skill for money or other thing of value by means | 3 |
| of the Internet or
to make a wager upon the
result of any | 4 |
| game, contest, political nomination, appointment, or
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| election by means of the Internet.
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| (b) Participants in any of the following activities shall | 7 |
| not be
convicted of gambling therefor:
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| (1) Agreements to compensate for loss caused by the | 9 |
| happening of
chance including without limitation contracts | 10 |
| of indemnity or guaranty
and life or health or accident | 11 |
| insurance;
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| (2) Offers of prizes, award or compensation to the | 13 |
| actual
contestants in any bona fide contest for the | 14 |
| determination of skill,
speed, strength or endurance or to | 15 |
| the owners of animals or vehicles
entered in such contest . | 16 |
| For the purposes of this paragraph (2) "skill" means, in | 17 |
| any contest provided for players to obtain prizes, awards, | 18 |
| or compensation, a player's experience, precision, | 19 |
| dexterity, or ability to use his or her knowledge that | 20 |
| enables him or her to obtain more frequent awards, prizes, | 21 |
| or compensation than does another less experienced, | 22 |
| precise, dexterous or knowledgeable player ;
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| (3) Pari-mutuel betting as authorized by the law of | 24 |
| this State;
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| (4) Manufacture of gambling devices, including the | 26 |
| acquisition of
essential parts therefor and the assembly | 27 |
| thereof, for transportation in
interstate or foreign | 28 |
| commerce to any place outside this State when such
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| transportation is not prohibited by any applicable Federal | 30 |
| law;
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| (5) The game commonly known as "bingo", when conducted | 32 |
| in accordance
with the Bingo License and Tax Act;
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| (6) Lotteries when conducted by the State of Illinois | 34 |
| in accordance
with the Illinois Lottery Law;
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| (7) Possession of an antique slot machine that is | 36 |
| neither used nor
intended to be used in the operation or |
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| promotion of any unlawful
gambling activity or enterprise. | 2 |
| For the purpose of this subparagraph
(b)(7), an antique | 3 |
| slot machine is one manufactured 25 years ago or earlier;
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| (8) Raffles when conducted in accordance with the | 5 |
| Raffles Act;
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| (9) Charitable games when conducted in accordance with | 7 |
| the Charitable
Games Act;
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| (10) Pull tabs and jar games when conducted under the | 9 |
| Illinois Pull
Tabs and Jar Games Act; or
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| (11) Gambling games conducted on riverboats when
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| authorized by the Riverboat Gambling Act.
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| (c) Sentence.
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| Gambling under subsection (a)(1) or (a)(2) of this Section | 14 |
| is a
Class A misdemeanor. Gambling under any of subsections | 15 |
| (a)(3) through
(a)(11) of this Section is a Class A | 16 |
| misdemeanor. A second or
subsequent conviction under any of | 17 |
| subsections (a)(3) through (a)(11),
is a Class 4 felony. | 18 |
| Gambling under subsection (a)(12) of this Section is a
Class A
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| misdemeanor. A second or subsequent conviction under | 20 |
| subsection (a)(12) is a
Class 4 felony.
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| (d) Circumstantial evidence.
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| In prosecutions under subsection (a)(1) through (a)(12) of
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| this
Section circumstantial evidence shall have the same | 24 |
| validity and weight as
in any criminal prosecution.
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| (Source: P.A. 91-257, eff. 1-1-00.)
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| Section 99. Effective date. This Act takes effect upon | 27 |
| becoming law.
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