Full Text of SB3478 98th General Assembly
SB3478sam001 98TH GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 3/25/2014
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| 1 | | AMENDMENT TO SENATE BILL 3478
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3478 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Video Gaming
Act is amended by changing | 5 | | Section 35 as follows: | 6 | | (230 ILCS 40/35)
| 7 | | Sec. 35. Display of license; confiscation; violation as | 8 | | felony. | 9 | | (a) Each
video gaming terminal shall be licensed by the | 10 | | Board before placement
or operation on the premises of a | 11 | | licensed establishment, licensed truck stop
establishment, | 12 | | licensed
fraternal establishment, or licensed veterans | 13 | | establishment. The license of
each video gaming terminal shall | 14 | | be maintained
at the location where the video gaming terminal | 15 | | is operated. Failure to do so
is a petty offense with a fine
| 16 | | not to exceed $100.
Any licensed establishment, licensed truck |
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| 1 | | stop establishment, licensed
fraternal establishment, or | 2 | | licensed
veterans establishment
used for the conduct of | 3 | | gambling games in violation of this Act shall be
considered a | 4 | | gambling place in violation of Section 28-3 of the Criminal
| 5 | | Code of 2012. Every gambling device found in
a licensed | 6 | | establishment, licensed truck stop establishment, licensed | 7 | | fraternal
establishment, or licensed
veterans establishment | 8 | | operating gambling games in violation of this
Act shall be | 9 | | subject to seizure, confiscation, and destruction as provided
| 10 | | in Section 28-5 of the Criminal Code of 2012.
Any license | 11 | | issued under the Liquor Control Act
of 1934 to any owner or | 12 | | operator of a licensed establishment, licensed truck
stop | 13 | | establishment, licensed
fraternal establishment, or licensed | 14 | | veterans establishment that operates or
permits the operation | 15 | | of a video gaming terminal within its establishment in
| 16 | | violation of this Act shall be immediately revoked.
No person | 17 | | may own, operate, have in his or her possession or custody or | 18 | | under
his or her control, or permit to be kept in any place | 19 | | under his or her
possession or control, any
device that awards | 20 | | credits and contains a circuit, meter, or switch capable of
| 21 | | removing and recording the removal of credits when the award of | 22 | | credits is
dependent upon chance. | 23 | | Nothing in this Section shall be deemed to prohibit the use | 24 | | of a game device only if the game device is used in an activity | 25 | | that is not gambling under subsection (b) of Section 28-1 of | 26 | | the Criminal Code of 2012. |
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| 1 | | A violation of this Section is a Class 4 felony. All
| 2 | | devices that are owned, operated, or possessed in violation of | 3 | | this Section are
hereby declared to be public nuisances and | 4 | | shall be subject to seizure,
confiscation, and destruction as | 5 | | provided in Section 28-5 of the Criminal Code
of 2012.
| 6 | | The provisions of this Section do not apply to devices or | 7 | | electronic video
game terminals licensed pursuant to this Act. | 8 | | A video gaming terminal operated for amusement only and bearing | 9 | | a valid amusement tax sticker shall not be subject to this | 10 | | Section until 30 days after the Board establishes that the | 11 | | central communications system is functional.
| 12 | | (b) (1) The odds of winning each video game shall be posted | 13 | | on or near each video gaming terminal. The manner in which the | 14 | | odds are calculated and how they are posted shall be determined | 15 | | by the Board by rule. | 16 | | (2) No video gaming terminal licensed under this Act may be | 17 | | played except during the legal hours of operation allowed for | 18 | | the consumption of alcoholic beverages at the licensed | 19 | | establishment, licensed fraternal establishment, or licensed | 20 | | veterans establishment. A licensed establishment, licensed | 21 | | fraternal establishment, or licensed veterans establishment | 22 | | that violates this subsection is subject to termination of its | 23 | | license by the Board. | 24 | | (Source: P.A. 97-1150, eff. 1-25-13; 98-111, eff. 1-1-14.) | 25 | | Section 10. The Criminal Code of 2012 is amended by |
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| 1 | | changing Sections 28-1 and 28-2 as follows:
| 2 | | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| 3 | | Sec. 28-1. Gambling.
| 4 | | (a) A person commits gambling when he or she:
| 5 | | (1) knowingly plays a game of chance or skill for money | 6 | | or other thing of
value, unless excepted in subsection (b) | 7 | | of this Section;
| 8 | | (2) knowingly makes a wager upon the result of any | 9 | | game, contest, or any
political nomination, appointment or | 10 | | election;
| 11 | | (3) knowingly operates, keeps, owns, uses, purchases, | 12 | | exhibits, rents, sells,
bargains for the sale or lease of, | 13 | | manufactures or distributes any
gambling device;
| 14 | | (4) contracts to have or give himself or herself or | 15 | | another the option to buy
or sell, or contracts to buy or | 16 | | sell, at a future time, any grain or
other commodity | 17 | | whatsoever, or any stock or security of any company,
where | 18 | | it is at the time of making such contract intended by both | 19 | | parties
thereto that the contract to buy or sell, or the | 20 | | option, whenever
exercised, or the contract resulting | 21 | | therefrom, shall be settled, not by
the receipt or delivery | 22 | | of such property, but by the payment only of
differences in | 23 | | prices thereof; however, the issuance, purchase, sale,
| 24 | | exercise, endorsement or guarantee, by or through a person | 25 | | registered
with the Secretary of State pursuant to Section |
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| 1 | | 8 of the Illinois
Securities Law of 1953, or by or through | 2 | | a person exempt from such
registration under said Section | 3 | | 8, of a put, call, or other option to
buy or sell | 4 | | securities which have been registered with the Secretary of
| 5 | | State or which are exempt from such registration under | 6 | | Section 3 of the
Illinois Securities Law of 1953 is not | 7 | | gambling within the meaning of
this paragraph (4);
| 8 | | (5) knowingly owns or possesses any book, instrument or | 9 | | apparatus by
means of which bets or wagers have been, or | 10 | | are, recorded or registered,
or knowingly possesses any | 11 | | money which he has received in the course of
a bet or | 12 | | wager;
| 13 | | (6) knowingly sells pools upon the result of any game | 14 | | or contest of skill or
chance, political nomination, | 15 | | appointment or election;
| 16 | | (7) knowingly sets up or promotes any lottery or sells, | 17 | | offers to sell or
transfers any ticket or share for any | 18 | | lottery;
| 19 | | (8) knowingly sets up or promotes any policy game or | 20 | | sells, offers to sell or
knowingly possesses or transfers | 21 | | any policy ticket, slip, record,
document or other similar | 22 | | device;
| 23 | | (9) knowingly drafts, prints or publishes any lottery | 24 | | ticket or share,
or any policy ticket, slip, record, | 25 | | document or similar device, except for
such activity | 26 | | related to lotteries, bingo games and raffles authorized by
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| 1 | | and conducted in accordance with the laws of Illinois or | 2 | | any other state or
foreign government;
| 3 | | (10) knowingly advertises any lottery or policy game, | 4 | | except for such
activity related to lotteries, bingo games | 5 | | and raffles authorized by and
conducted in accordance with | 6 | | the laws of Illinois or any other state;
| 7 | | (11) knowingly transmits information as to wagers, | 8 | | betting odds, or
changes in betting odds by telephone, | 9 | | telegraph, radio, semaphore or
similar means; or knowingly | 10 | | installs or maintains equipment for the
transmission or | 11 | | receipt of such information; except that nothing in this
| 12 | | subdivision (11) prohibits transmission or receipt of such | 13 | | information
for use in news reporting of sporting events or | 14 | | contests; or
| 15 | | (12) knowingly establishes, maintains, or operates an | 16 | | Internet site that
permits a person to play a game of
| 17 | | chance or skill for money or other thing of value by means | 18 | | of the Internet or
to make a wager upon the
result of any | 19 | | game, contest, political nomination, appointment, or
| 20 | | election by means of the Internet. This item (12) does not | 21 | | apply to activities referenced in items (6) and (6.1) of | 22 | | subsection (b) of this Section.
| 23 | | (b) Participants in any of the following activities shall | 24 | | not be
convicted of gambling:
| 25 | | (1) Agreements to compensate for loss caused by the | 26 | | happening of
chance including without limitation contracts |
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| 1 | | of indemnity or guaranty
and life or health or accident | 2 | | insurance.
| 3 | | (2) Offers of prizes, award or compensation to the | 4 | | actual
contestants in any bona fide contest for the | 5 | | determination of skill,
speed, strength or endurance or to | 6 | | the owners of animals or vehicles
entered in such contest.
| 7 | | (3) Pari-mutuel betting as authorized by the law of | 8 | | this State.
| 9 | | (4) Manufacture of gambling devices, including the | 10 | | acquisition of
essential parts therefor and the assembly | 11 | | thereof, for transportation in
interstate or foreign | 12 | | commerce to any place outside this State when such
| 13 | | transportation is not prohibited by any applicable Federal | 14 | | law; or the
manufacture, distribution, or possession of | 15 | | video gaming terminals, as
defined in the Video Gaming Act, | 16 | | by manufacturers, distributors, and
terminal operators | 17 | | licensed to do so under the Video Gaming Act.
| 18 | | (5) The game commonly known as "bingo", when conducted | 19 | | in accordance
with the Bingo License and Tax Act.
| 20 | | (6) Lotteries when conducted by the State of Illinois | 21 | | in accordance
with the Illinois Lottery Law. This exemption | 22 | | includes any activity conducted by the Department of | 23 | | Revenue to sell lottery tickets pursuant to the provisions | 24 | | of the Illinois Lottery Law and its rules.
| 25 | | (6.1) The purchase of lottery tickets through the | 26 | | Internet for a lottery conducted by the State of Illinois |
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| 1 | | under the program established in Section 7.12 of the | 2 | | Illinois Lottery Law.
| 3 | | (7) Possession of an antique slot machine that is | 4 | | neither used nor
intended to be used in the operation or | 5 | | promotion of any unlawful
gambling activity or enterprise. | 6 | | For the purpose of this subparagraph
(b)(7), an antique | 7 | | slot machine is one manufactured 25 years ago or earlier.
| 8 | | (8) Raffles when conducted in accordance with the | 9 | | Raffles 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 conducted on riverboats when
| 15 | | authorized by the Riverboat Gambling Act.
| 16 | | (12) Video gaming terminal games at a licensed | 17 | | establishment, licensed truck stop establishment,
licensed
| 18 | | fraternal establishment, or licensed veterans | 19 | | establishment when
conducted in accordance with the Video | 20 | | 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 | | (c) Sentence.
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| 1 | | (1) Gambling is a
Class A misdemeanor. A second or
| 2 | | subsequent conviction under subsections (a)(3) through | 3 | | (a)(12),
is a Class 4 felony. | 4 | | (2) Notwithstanding subsection (c)(1), or anything | 5 | | else contained in this Section to the contrary, a gambling | 6 | | offense involving a device described in Section | 7 | | 28-2(a)(iii) is a Class 4 felony.
| 8 | | (d) Circumstantial evidence.
| 9 | | In prosecutions under
this
Section circumstantial evidence | 10 | | shall have the same validity and weight as
in any criminal | 11 | | prosecution.
| 12 | | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | 13 | | 96-1203, eff. 7-22-10; 97-1108, eff. 1-1-13.)
| 14 | | (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
| 15 | | Sec. 28-2. Definitions.
| 16 | | (a) A "gambling device" is : (i) any clock, tape machine, | 17 | | slot machine or
other machines or device for the reception of | 18 | | money or other thing of value
on chance or skill or upon the | 19 | | action of which money or other thing of
value is staked, | 20 | | hazarded, bet, won or lost; (ii) or any mechanism, furniture,
| 21 | | fixture, equipment or other device designed primarily for use | 22 | | in a gambling
place ; or (iii) any vending or other electronic | 23 | | machine or device, including without limitation a machine or | 24 | | device that awards credits and contains a circuit, meter, or | 25 | | switch capable of removing and recording the removal of credits |
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| 1 | | that offers a person entry into any contest, competition, | 2 | | sweepstakes, scheme, plan, or other selection process that | 3 | | involves or is dependent upon an element of chance for which | 4 | | the person may receive a gift, award, or other item or service | 5 | | of value if that offer is incidental to or results from: (A) | 6 | | the purchase of an item or service of value; or (B) the | 7 | | purchase or gratuitous receipt of a coupon, voucher, | 8 | | certificate, or other similar credit that can be redeemed for | 9 | | or applied towards an item or service of value from such | 10 | | machine or device or elsewhere . A "gambling device" does not | 11 | | include:
| 12 | | (1) A coin-in-the-slot operated mechanical device | 13 | | played for amusement
which rewards the player with the | 14 | | right to replay such mechanical device,
which device is so | 15 | | constructed or devised as to make such result of the
| 16 | | operation thereof depend in part upon the skill of the | 17 | | player and which
returns to the player thereof no money, | 18 | | property or right to receive money
or property.
| 19 | | (2) Except as otherwise provided in this subsection | 20 | | (a), a vending machine Vending machines by which full and | 21 | | adequate return is made for the
money invested and in which | 22 | | there is no element of chance or hazard.
| 23 | | (3) A crane game. For the purposes of this paragraph | 24 | | (3), a "crane
game" is an amusement device involving skill, | 25 | | if it rewards the player
exclusively with merchandise | 26 | | contained within the amusement device proper
and limited to |
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| 1 | | toys, novelties and prizes other than currency, each having
| 2 | | a wholesale value which is not more than $25.
| 3 | | (4) A redemption machine. For the purposes of this | 4 | | paragraph (4), a
"redemption machine" is a single-player or | 5 | | multi-player amusement device
involving a game, the object | 6 | | of which is throwing, rolling, bowling,
shooting, placing, | 7 | | or propelling a ball or other object that is either | 8 | | physical or computer generated on a display or with lights | 9 | | into, upon, or
against a hole or other target that is | 10 | | either physical or computer generated on a display or with | 11 | | lights, or stopping, by physical, mechanical, or | 12 | | electronic means, a moving object that is either physical | 13 | | or computer generated on a display or with lights into, | 14 | | upon, or
against a hole or other target that is either | 15 | | physical or computer generated on a display or with lights, | 16 | | provided that all of the following
conditions are met:
| 17 | | (A) The outcome of the game is predominantly | 18 | | determined by the
skill of the player.
| 19 | | (B) The award of the prize is based solely upon the | 20 | | player's
achieving the object of the game or otherwise | 21 | | upon the player's score.
| 22 | | (C) Only merchandise prizes are awarded.
| 23 | | (D) The wholesale value of prizes awarded in lieu | 24 | | of tickets
or tokens for single play of the device does | 25 | | not exceed $25.
| 26 | | (E) The redemption value of tickets, tokens, and |
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| 1 | | other representations
of value, which may be | 2 | | accumulated by players to redeem prizes of greater
| 3 | | value, for a single play of the device does not exceed | 4 | | $25.
| 5 | | (5) Video gaming terminals at a licensed | 6 | | establishment, licensed truck stop establishment,
licensed
| 7 | | fraternal establishment, or licensed veterans | 8 | | establishment licensed in accordance with the Video Gaming | 9 | | Act. | 10 | | (a-5) "Internet" means an interactive computer service or | 11 | | system or an
information service, system, or access software | 12 | | provider that provides or
enables computer access by multiple | 13 | | users to a computer server, and includes,
but is not limited | 14 | | to, an information service, system, or access software
provider | 15 | | that provides access to a network system commonly known as the
| 16 | | Internet, or any comparable system or service and also | 17 | | includes, but is not
limited to, a World Wide Web page, | 18 | | newsgroup, message board, mailing list, or
chat area on any | 19 | | interactive computer service or system or other online
service.
| 20 | | (a-6) "Access" and "computer" have the meanings ascribed to | 21 | | them in
Section
16D-2 of this Code.
| 22 | | (b) A "lottery" is any scheme or procedure whereby one or | 23 | | more prizes
are distributed by chance among persons who have | 24 | | paid or promised
consideration for a chance to win such prizes, | 25 | | whether such scheme or
procedure is called a lottery, raffle, | 26 | | gift, sale or some other name.
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| 1 | | (c) A "policy game" is any scheme or procedure whereby a | 2 | | person promises
or guarantees by any instrument, bill, | 3 | | certificate, writing, token or other
device that any particular | 4 | | number, character, ticket or certificate shall
in the event of | 5 | | any contingency in the nature of a lottery entitle the
| 6 | | purchaser or holder to receive money, property or evidence of | 7 | | debt.
| 8 | | (d) It is the intent of Section 28-2(a)(iii) to prohibit | 9 | | any mechanism that seeks to avoid being considered a gambling | 10 | | device through the use of any subterfuge or pretense | 11 | | whatsoever. | 12 | | (Source: P.A. 97-1126, eff. 1-1-13; 98-31, eff. 6-24-13.)".
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