Full Text of SB3173 096th General Assembly
SB3173enr 96TH 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, |
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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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| (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. This item (12) does not | 25 |
| apply to activities referenced in items (6) and (6.1) of | 26 |
| subsection (b) of this Section.
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| (b) Participants in any of the following activities shall | 2 |
| not be
convicted of gambling therefor:
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| (1) Agreements to compensate for loss caused by the | 4 |
| happening of
chance including without limitation contracts | 5 |
| of indemnity or guaranty
and life or health or accident | 6 |
| insurance.
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| (2) Offers of prizes, award or compensation to the | 8 |
| actual
contestants in any bona fide contest for the | 9 |
| determination of skill,
speed, strength or endurance or to | 10 |
| the owners of animals or vehicles
entered in such contest.
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| (3) Pari-mutuel betting as authorized by the law of | 12 |
| this State.
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| (4) Manufacture of gambling devices, including the | 14 |
| acquisition of
essential parts therefor and the assembly | 15 |
| thereof, for transportation in
interstate or foreign | 16 |
| commerce to any place outside this State when such
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| transportation is not prohibited by any applicable Federal | 18 |
| law; or the
manufacture, distribution, or possession of | 19 |
| video gaming terminals, as
defined in the Video Gaming Act, | 20 |
| by manufacturers, distributors, and
terminal operators | 21 |
| licensed to do so under the Video Gaming Act.
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| (5) The game commonly known as "bingo", when conducted | 23 |
| in accordance
with the Bingo License and Tax Act.
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| (6) Lotteries when conducted by the State of Illinois | 25 |
| in accordance
with the Illinois Lottery Law. This exemption | 26 |
| includes any activity conducted by the Department of |
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| Revenue to sell lottery tickets pursuant to the provisions | 2 |
| of the Illinois Lottery Law and its rules.
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| (6.1) The purchase of lottery tickets through the | 4 |
| Internet for a lottery conducted by the State of Illinois | 5 |
| under the program established in Section 7.12 of the | 6 |
| Illinois Lottery Law.
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| (7) Possession of an antique slot machine that is | 8 |
| neither used nor
intended to be used in the operation or | 9 |
| promotion of any unlawful
gambling activity or enterprise. | 10 |
| For the purpose of this subparagraph
(b)(7), an antique | 11 |
| slot machine is one manufactured 25 years ago or earlier.
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| (8) Raffles when conducted in accordance with the | 13 |
| Raffles Act.
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| (9) Charitable games when conducted in accordance with | 15 |
| the Charitable
Games Act.
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| (10) Pull tabs and jar games when conducted under the | 17 |
| Illinois Pull
Tabs and Jar Games Act.
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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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| (12) Video gaming terminal games at a licensed | 21 |
| establishment, licensed truck stop establishment,
licensed
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| fraternal establishment, or licensed veterans | 23 |
| establishment when
conducted in accordance with the Video | 24 |
| Gaming Act. | 25 |
| (13) Games of skill or chance where money or other | 26 |
| things of value can be won but no payment or purchase is |
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| required to participate. | 2 |
| (c) Sentence.
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| Gambling under subsection (a)(1) or (a)(2) of this Section | 4 |
| is a
Class A misdemeanor. Gambling under any of subsections | 5 |
| (a)(3) through
(a)(11) of this Section is a Class A | 6 |
| misdemeanor. A second or
subsequent conviction under any of | 7 |
| subsections (a)(3) through (a)(11),
is a Class 4 felony. | 8 |
| Gambling under subsection (a)(12) of this Section is a
Class A
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| misdemeanor. A second or subsequent conviction under | 10 |
| 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 | 14 |
| validity and weight as
in any criminal prosecution.
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| (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.
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