Full Text of HB1892 97th General Assembly
HB1892 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1892 Introduced , by Rep. Daniel Biss SYNOPSIS AS INTRODUCED: | | 720 ILCS 5/28-1 | from Ch. 38, par. 28-1 |
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Amends the Criminal Code of 1961. Makes a technical change in a Section
concerning gambling.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing | 5 | | 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
the result of any game, | 13 | | contest, or any
political nomination, appointment or | 14 | | election; or
| 15 | | (3) Operates, keeps, owns, uses, purchases, exhibits, | 16 | | rents, sells,
bargains for the sale or lease of, | 17 | | manufactures or distributes any
gambling device; or
| 18 | | (4) Contracts to have or give himself or another the | 19 | | option to buy
or sell, or contracts to buy or sell, at a | 20 | | future time, any grain or
other commodity whatsoever, or | 21 | | any stock or security of any company,
where it is at the | 22 | | time of making such contract intended by both parties
| 23 | | thereto that the contract to buy or sell, or the option, |
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| 1 | | whenever
exercised, or the contract resulting therefrom, | 2 | | shall be settled, not by
the receipt or delivery of such | 3 | | property, but by the payment only of
differences in prices | 4 | | thereof; however, the issuance, purchase, sale,
exercise, | 5 | | endorsement or guarantee, by or through a person registered
| 6 | | with the Secretary of State pursuant to Section 8 of the | 7 | | Illinois
Securities Law of 1953, or by or through a person | 8 | | exempt from such
registration under said Section 8, of a | 9 | | put, call, or other option to
buy or sell securities which | 10 | | have been registered with the Secretary of
State or which | 11 | | are exempt from such registration under Section 3 of the
| 12 | | Illinois Securities Law of 1953 is not gambling within the | 13 | | meaning of
this paragraph (4); or
| 14 | | (5) Knowingly owns or possesses any book, instrument or | 15 | | apparatus by
means of which bets or wagers have been, or | 16 | | are, recorded or registered,
or knowingly possesses any | 17 | | money which he has received in the course of
a bet or | 18 | | wager; or
| 19 | | (6) Sells pools upon the result of any game or contest | 20 | | of skill or
chance, political nomination, appointment or | 21 | | election; or
| 22 | | (7) Sets up or promotes any lottery or sells, offers to | 23 | | sell or
transfers any ticket or share for any lottery; or
| 24 | | (8) Sets up or promotes any policy game or sells, | 25 | | offers to sell or
knowingly possesses or transfers any | 26 | | policy ticket, slip, record,
document or other similar |
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| 1 | | device; or
| 2 | | (9) Knowingly drafts, prints or publishes any lottery | 3 | | ticket or share,
or any policy ticket, slip, record, | 4 | | document or similar device, except for
such activity | 5 | | related to lotteries, bingo games and raffles authorized by
| 6 | | and conducted in accordance with the laws of Illinois or | 7 | | any other state or
foreign government; or
| 8 | | (10) Knowingly advertises any lottery or policy game, | 9 | | except for such
activity related to lotteries, bingo games | 10 | | and raffles authorized by and
conducted in accordance with | 11 | | the laws of Illinois or any other state; or
| 12 | | (11) Knowingly transmits information as to wagers, | 13 | | betting odds, or
changes in betting odds by telephone, | 14 | | telegraph, radio, semaphore or
similar means; or knowingly | 15 | | installs or maintains equipment for the
transmission or | 16 | | receipt of such information; except that nothing in this
| 17 | | subdivision (11) prohibits transmission or receipt of such | 18 | | information
for use in news reporting of sporting events or | 19 | | contests; or
| 20 | | (12) Knowingly establishes, maintains, or operates an | 21 | | Internet site that
permits a person to play a game of
| 22 | | chance or skill for money or other thing of value by means | 23 | | of the Internet or
to make a wager upon the
result of any | 24 | | game, contest, political nomination, appointment, or
| 25 | | election by means of the Internet. This item (12) does not | 26 | | apply to activities referenced in items (6) and (6.1) of |
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| 1 | | subsection (b) of this Section.
| 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; or the
manufacture, distribution, or possession of | 20 | | video gaming terminals, as
defined in the Video Gaming Act, | 21 | | by manufacturers, distributors, and
terminal operators | 22 | | licensed to do so under the Video Gaming Act.
| 23 | | (5) The game commonly known as "bingo", when conducted | 24 | | in accordance
with the Bingo License and Tax Act.
| 25 | | (6) Lotteries when conducted by the State of Illinois | 26 | | in accordance
with the Illinois Lottery Law. This exemption |
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| 1 | | includes any activity conducted by the Department of | 2 | | Revenue to sell lottery tickets pursuant to the provisions | 3 | | of the Illinois Lottery Law and its rules.
| 4 | | (6.1) The purchase of lottery tickets through the | 5 | | Internet for a lottery conducted by the State of Illinois | 6 | | under the program established in Section 7.12 of the | 7 | | Illinois Lottery Law.
| 8 | | (7) Possession of an antique slot machine that is | 9 | | neither used nor
intended to be used in the operation or | 10 | | promotion of any unlawful
gambling activity or enterprise. | 11 | | For the purpose of this subparagraph
(b)(7), an antique | 12 | | slot machine is one manufactured 25 years ago or earlier.
| 13 | | (8) Raffles when conducted in accordance with the | 14 | | Raffles Act.
| 15 | | (9) Charitable games when conducted in accordance with | 16 | | the Charitable
Games Act.
| 17 | | (10) Pull tabs and jar games when conducted under the | 18 | | Illinois Pull
Tabs and Jar Games Act.
| 19 | | (11) Gambling games conducted on riverboats when
| 20 | | authorized by the Riverboat Gambling Act.
| 21 | | (12) Video gaming terminal games at a licensed | 22 | | establishment, licensed truck stop establishment,
licensed
| 23 | | fraternal establishment, or licensed veterans | 24 | | establishment when
conducted in accordance with the Video | 25 | | Gaming Act. | 26 | | (13) Games of skill or chance where money or other |
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| 1 | | things of value can be won but no payment or purchase is | 2 | | required to participate. | 3 | | (c) Sentence.
| 4 | | Gambling under subsection (a)(1) or (a)(2) of this Section | 5 | | is a
Class A misdemeanor. Gambling under any of subsections | 6 | | (a)(3) through
(a)(11) of this Section is a Class A | 7 | | misdemeanor. A second or
subsequent conviction under any of | 8 | | subsections (a)(3) through (a)(11),
is a Class 4 felony. | 9 | | Gambling under subsection (a)(12) of this Section is a
Class A
| 10 | | misdemeanor. A second or subsequent conviction under | 11 | | subsection (a)(12) is a
Class 4 felony.
| 12 | | (d) Circumstantial evidence.
| 13 | | In prosecutions under subsection (a)(1) through (a)(12) of
| 14 | | this
Section circumstantial evidence shall have the same | 15 | | validity and weight as
in any criminal prosecution.
| 16 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | 17 | | 96-1203, eff. 7-22-10.)
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