Full Text of HB4104 098th General Assembly
HB4104 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4104 Introduced , by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: | | 720 ILCS 5/28-1 | from Ch. 38, par. 28-1 |
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Amends the Criminal Code of 2012. 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 2012 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 or she:
| 9 | | (1) knowingly plays a game of chance or skill for money | 10 | | or other thing of
value, unless excepted in subsection (b) | 11 | | of this Section;
| 12 | | (2) knowingly makes a wager upon the
the result of any | 13 | | game, contest, or any
political nomination, appointment or | 14 | | election;
| 15 | | (3) knowingly operates, keeps, owns, uses, purchases, | 16 | | exhibits, rents, sells,
bargains for the sale or lease of, | 17 | | manufactures or distributes any
gambling device;
| 18 | | (4) contracts to have or give himself or herself or | 19 | | another the option to buy
or sell, or contracts to buy or | 20 | | sell, at a future time, any grain or
other commodity | 21 | | whatsoever, or any stock or security of any company,
where | 22 | | it is at the time of making such contract intended by both | 23 | | parties
thereto that the contract to buy or sell, or the |
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| 1 | | option, whenever
exercised, or the contract resulting | 2 | | therefrom, shall be settled, not by
the receipt or delivery | 3 | | of such property, but by the payment only of
differences in | 4 | | prices thereof; however, the issuance, purchase, sale,
| 5 | | exercise, endorsement or guarantee, by or through a person | 6 | | registered
with the Secretary of State pursuant to Section | 7 | | 8 of the Illinois
Securities Law of 1953, or by or through | 8 | | a person exempt from such
registration under said Section | 9 | | 8, of a put, call, or other option to
buy or sell | 10 | | securities which have been registered with the Secretary of
| 11 | | State or which are exempt from such registration under | 12 | | Section 3 of the
Illinois Securities Law of 1953 is not | 13 | | gambling within the meaning of
this paragraph (4);
| 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;
| 19 | | (6) knowingly sells pools upon the result of any game | 20 | | or contest of skill or
chance, political nomination, | 21 | | appointment or election;
| 22 | | (7) knowingly sets up or promotes any lottery or sells, | 23 | | offers to sell or
transfers any ticket or share for any | 24 | | lottery;
| 25 | | (8) knowingly sets up or promotes any policy game or | 26 | | sells, offers to sell or
knowingly possesses or transfers |
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| 1 | | any policy ticket, slip, record,
document or other similar | 2 | | device;
| 3 | | (9) knowingly drafts, prints or publishes any lottery | 4 | | ticket or share,
or any policy ticket, slip, record, | 5 | | document or similar device, except for
such activity | 6 | | related to lotteries, bingo games and raffles authorized by
| 7 | | and conducted in accordance with the laws of Illinois or | 8 | | any other state or
foreign government;
| 9 | | (10) knowingly advertises any lottery or policy game, | 10 | | except for such
activity related to lotteries, bingo games | 11 | | and raffles authorized by and
conducted in accordance with | 12 | | the laws of Illinois or any other state;
| 13 | | (11) knowingly transmits information as to wagers, | 14 | | betting odds, or
changes in betting odds by telephone, | 15 | | telegraph, radio, semaphore or
similar means; or knowingly | 16 | | installs or maintains equipment for the
transmission or | 17 | | receipt of such information; except that nothing in this
| 18 | | subdivision (11) prohibits transmission or receipt of such | 19 | | information
for use in news reporting of sporting events or | 20 | | contests; or
| 21 | | (12) knowingly establishes, maintains, or operates an | 22 | | Internet site that
permits a person to play a game of
| 23 | | chance or skill for money or other thing of value by means | 24 | | of the Internet or
to make a wager upon the
result of any | 25 | | game, contest, political nomination, appointment, or
| 26 | | election by means of the Internet. This item (12) does not |
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| 1 | | apply to activities referenced in items (6) and (6.1) of | 2 | | subsection (b) of this Section.
| 3 | | (b) Participants in any of the following activities shall | 4 | | not be
convicted of gambling:
| 5 | | (1) Agreements to compensate for loss caused by the | 6 | | happening of
chance including without limitation contracts | 7 | | of indemnity or guaranty
and life or health or accident | 8 | | insurance.
| 9 | | (2) Offers of prizes, award or compensation to the | 10 | | actual
contestants in any bona fide contest for the | 11 | | determination of skill,
speed, strength or endurance or to | 12 | | the owners of animals or vehicles
entered in such contest.
| 13 | | (3) Pari-mutuel betting as authorized by the law of | 14 | | this State.
| 15 | | (4) Manufacture of gambling devices, including the | 16 | | acquisition of
essential parts therefor and the assembly | 17 | | thereof, for transportation in
interstate or foreign | 18 | | commerce to any place outside this State when such
| 19 | | transportation is not prohibited by any applicable Federal | 20 | | law; or the
manufacture, distribution, or possession of | 21 | | video gaming terminals, as
defined in the Video Gaming Act, | 22 | | by manufacturers, distributors, and
terminal operators | 23 | | licensed to do so under the Video Gaming Act.
| 24 | | (5) The game commonly known as "bingo", when conducted | 25 | | in accordance
with the Bingo License and Tax Act.
| 26 | | (6) Lotteries when conducted by the State of Illinois |
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| 1 | | in accordance
with the Illinois Lottery Law. This exemption | 2 | | includes any activity conducted by the Department of | 3 | | Revenue to sell lottery tickets pursuant to the provisions | 4 | | of the Illinois Lottery Law and its rules.
| 5 | | (6.1) The purchase of lottery tickets through the | 6 | | Internet for a lottery conducted by the State of Illinois | 7 | | under the program established in Section 7.12 of the | 8 | | Illinois Lottery Law.
| 9 | | (7) Possession of an antique slot machine that is | 10 | | neither used nor
intended to be used in the operation or | 11 | | promotion of any unlawful
gambling activity or enterprise. | 12 | | For the purpose of this subparagraph
(b)(7), an antique | 13 | | slot machine is one manufactured 25 years ago or earlier.
| 14 | | (8) Raffles when conducted in accordance with the | 15 | | Raffles Act.
| 16 | | (9) Charitable games when conducted in accordance with | 17 | | the Charitable
Games Act.
| 18 | | (10) Pull tabs and jar games when conducted under the | 19 | | Illinois Pull
Tabs and Jar Games Act.
| 20 | | (11) Gambling games conducted on riverboats when
| 21 | | authorized by the Riverboat Gambling Act.
| 22 | | (12) Video gaming terminal games at a licensed | 23 | | establishment, licensed truck stop establishment,
licensed
| 24 | | fraternal establishment, or licensed veterans | 25 | | establishment when
conducted in accordance with the Video | 26 | | Gaming Act. |
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| 1 | | (13) Games of skill or chance where money or other | 2 | | things of value can be won but no payment or purchase is | 3 | | required to participate. | 4 | | (c) Sentence.
| 5 | | Gambling is a
Class A misdemeanor. A second or
subsequent | 6 | | conviction under subsections (a)(3) through (a)(12),
is a Class | 7 | | 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.)
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