Full Text of HB1124 95th General Assembly
HB1124 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1124
Introduced , by Rep. Robert S. Molaro SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/28-1 |
from Ch. 38, par. 28-1 |
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Amends the Criminal Code of 1961. Adds, to the list of activities that are exempt from the offense of gambling, an offer of prizes, awards, or compensation to contestants in a bona fide contest between 2 or more individuals participating in (1) an electronic video game simulating a contest requiring skill, experience, dexterity, and precision in which the element of chance does not predominate or (2) an electronic video game requiring speed and accuracy of response to factual questions in which the element of chance does not predominate; but not including card games and simulated card games and not including any gambling game or activity of the type conducted under the Bingo Licensing Act, the Illinois Lottery Law, the Raffles Act, the Charitable Games Act, the Illinois Pull Tabs and Jar Games Act, or the Riverboat Gambling Act.
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A BILL FOR
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HB1124 |
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LRB095 04159 RLC 24197 b |
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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, |
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HB1124 |
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LRB095 04159 RLC 24197 b |
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| shall be settled, not by
the receipt or delivery of such | 2 |
| property, but by the payment only of
differences in prices | 3 |
| thereof; however, the issuance, purchase, sale,
exercise, | 4 |
| endorsement or guarantee, by or through a person registered
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| with the Secretary of State pursuant to Section 8 of the | 6 |
| Illinois
Securities Law of 1953, or by or through a person | 7 |
| exempt from such
registration under said Section 8, of a | 8 |
| put, call, or other option to
buy or sell securities which | 9 |
| have been registered with the Secretary of
State or which | 10 |
| are exempt from such registration under Section 3 of the
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| Illinois Securities Law of 1953 is not gambling within the | 12 |
| meaning of
this paragraph (4); or
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| (5) Knowingly owns or possesses any book, instrument or | 14 |
| apparatus by
means of which bets or wagers have been, or | 15 |
| are, recorded or registered,
or knowingly possesses any | 16 |
| money which he has received in the course of
a bet or | 17 |
| wager; or
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| (6) Sells pools upon the result of any game or contest | 19 |
| of skill or
chance, political nomination, appointment or | 20 |
| election; or
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| (7) Sets up or promotes any lottery or sells, offers to | 22 |
| 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, | 24 |
| offers to sell or
knowingly possesses or transfers any | 25 |
| policy ticket, slip, record,
document or other similar | 26 |
| device; or
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HB1124 |
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LRB095 04159 RLC 24197 b |
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| (9) Knowingly drafts, prints or publishes any lottery | 2 |
| ticket or share,
or any policy ticket, slip, record, | 3 |
| document or similar device, except for
such activity | 4 |
| related to lotteries, bingo games and raffles authorized by
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| and conducted in accordance with the laws of Illinois or | 6 |
| any other state or
foreign government; or
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| (10) Knowingly advertises any lottery or policy game, | 8 |
| except for such
activity related to lotteries, bingo games | 9 |
| and raffles authorized by and
conducted in accordance with | 10 |
| the laws of Illinois or any other state; or
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| (11) Knowingly transmits information as to wagers, | 12 |
| betting odds, or
changes in betting odds by telephone, | 13 |
| telegraph, radio, semaphore or
similar means; or knowingly | 14 |
| installs or maintains equipment for the
transmission or | 15 |
| receipt of such information; except that nothing in this
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| subdivision (11) prohibits transmission or receipt of such | 17 |
| information
for use in news reporting of sporting events or | 18 |
| contests; or
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| (12) Knowingly establishes, maintains, or operates an | 20 |
| 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 | 22 |
| of the Internet or
to make a wager upon the
result of any | 23 |
| 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 | 26 |
| not be
convicted of gambling therefor:
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| (1) Agreements to compensate for loss caused by the | 2 |
| happening of
chance including without limitation contracts | 3 |
| of indemnity or guaranty
and life or health or accident | 4 |
| insurance;
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| (2) Offers of prizes, award or compensation to the | 6 |
| actual
contestants in any bona fide contest for the | 7 |
| determination of skill,
speed, strength or endurance or to | 8 |
| the owners of animals or vehicles
entered in such contest;
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| (3) Pari-mutuel betting as authorized by the law of | 10 |
| this State;
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| (4) Manufacture of gambling devices, including the | 12 |
| acquisition of
essential parts therefor and the assembly | 13 |
| thereof, for transportation in
interstate or foreign | 14 |
| commerce to any place outside this State when such
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| transportation is not prohibited by any applicable Federal | 16 |
| law;
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| (5) The game commonly known as "bingo", when conducted | 18 |
| in accordance
with the Bingo License and Tax Act;
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| (6) Lotteries when conducted by the State of Illinois | 20 |
| in accordance
with the Illinois Lottery Law;
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| (7) Possession of an antique slot machine that is | 22 |
| neither used nor
intended to be used in the operation or | 23 |
| promotion of any unlawful
gambling activity or enterprise. | 24 |
| For the purpose of this subparagraph
(b)(7), an antique | 25 |
| slot machine is one manufactured 25 years ago or earlier;
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| (8) Raffles when conducted in accordance with the |
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LRB095 04159 RLC 24197 b |
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| Raffles Act;
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| (9) Charitable games when conducted in accordance with | 3 |
| the Charitable
Games Act;
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| (10) Pull tabs and jar games when conducted under the | 5 |
| 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 ; or | 8 |
| (12) Offers of prizes, awards, or compensation to the | 9 |
| actual contestants in any bona fide contest between 2 or | 10 |
| more individuals participating in (1) an electronic video | 11 |
| game simulating a contest requiring skill, experience, | 12 |
| dexterity, and precision in which the element of chance | 13 |
| does not predominate or (2) an electronic video game | 14 |
| requiring speed and accuracy of response to factual | 15 |
| questions in which the element of chance does not | 16 |
| predominate; but not including card games and simulated | 17 |
| card games and not including any gambling game or activity | 18 |
| of the type conducted under the Bingo Licensing Act, the | 19 |
| Illinois Lottery Law, the Raffles Act, the Charitable Games | 20 |
| Act, the Illinois Pull Tabs and Jar Games Act, or the | 21 |
| Riverboat Gambling Act .
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| (c) Sentence.
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| Gambling under subsection (a)(1) or (a)(2) of this Section | 24 |
| is a
Class A misdemeanor. Gambling under any of subsections | 25 |
| (a)(3) through
(a)(11) of this Section is a Class A | 26 |
| misdemeanor. A second or
subsequent conviction under any of |
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| subsections (a)(3) through (a)(11),
is a Class 4 felony. | 2 |
| Gambling under subsection (a)(12) of this Section is a
Class A
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| misdemeanor. A second or subsequent conviction under | 4 |
| 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 | 8 |
| 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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