Full Text of HB5227 94th General Assembly
HB5227eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning gaming.
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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 Coin-Operated Amusement Device and | 5 |
| Redemption Machine Tax Act is amended by changing Section 3 as | 6 |
| follows:
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| (35 ILCS 510/3) (from Ch. 120, par. 481b.3)
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| Sec. 3. Transfer of decals; affixing decals.
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| (1) All privilege tax decals herein provided for
shall be | 10 |
| transferable from
one device to another device. Any such | 11 |
| transfer from one device to another
shall be reported to the | 12 |
| Department of Revenue on forms prescribed by such
Department. | 13 |
| All privilege tax decals issued hereunder shall
expire on July | 14 |
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following issuance.
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| (2) All privilege tax decals must be securely affixed to | 16 |
| the device. A decal that is attached to a device behind a | 17 |
| transparent plate or covering that is screwed, bolted, or | 18 |
| otherwise securely fastened to the device is deemed to be | 19 |
| securely affixed for the purposes of this Section
(Blank) .
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| (Source: P.A. 93-32, eff. 7-1-03.)
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| Section 10. The Criminal Code of 1961 is amended by | 22 |
| changing Sections 28-1 and 28-2 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 | 27 |
| thing of
value, unless excepted in subsection (b) of this | 28 |
| Section; or
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| (2) Makes a wager upon the result of any game, contest, | 30 |
| or any
political nomination, appointment or election; or
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| (3) Operates, keeps, owns, uses, purchases, exhibits, | 2 |
| rents, sells,
bargains for the sale or lease of, | 3 |
| manufactures or distributes any
gambling device; or
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| (4) Contracts to have or give himself or another the | 5 |
| option to buy
or sell, or contracts to buy or sell, at a | 6 |
| future time, any grain or
other commodity whatsoever, or | 7 |
| any stock or security of any company,
where it is at the | 8 |
| time of making such contract intended by both parties
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| thereto that the contract to buy or sell, or the option, | 10 |
| whenever
exercised, or the contract resulting therefrom, | 11 |
| shall be settled, not by
the receipt or delivery of such | 12 |
| property, but by the payment only of
differences in prices | 13 |
| thereof; however, the issuance, purchase, sale,
exercise, | 14 |
| endorsement or guarantee, by or through a person registered
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| with the Secretary of State pursuant to Section 8 of the | 16 |
| Illinois
Securities Law of 1953, or by or through a person | 17 |
| exempt from such
registration under said Section 8, of a | 18 |
| put, call, or other option to
buy or sell securities which | 19 |
| have been registered with the Secretary of
State or which | 20 |
| are exempt from such registration under Section 3 of the
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| Illinois Securities Law of 1953 is not gambling within the | 22 |
| meaning of
this paragraph (4); or
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| (5) Knowingly owns or possesses any book, instrument or | 24 |
| apparatus by
means of which bets or wagers have been, or | 25 |
| are, recorded or registered,
or knowingly possesses any | 26 |
| money which he has received in the course of
a bet or | 27 |
| wager; or
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| (6) Sells pools upon the result of any game or contest | 29 |
| of skill or
chance, political nomination, appointment or | 30 |
| election; or
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| (7) Sets up or promotes any lottery or sells, offers to | 32 |
| 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, | 34 |
| offers to sell or
knowingly possesses or transfers any | 35 |
| policy ticket, slip, record,
document or other similar | 36 |
| 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.
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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 | 28 |
| happening of
chance including without limitation contracts | 29 |
| of indemnity or guaranty
and life or health or accident | 30 |
| insurance;
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| (2) Offers of prizes, award or compensation to the | 32 |
| actual
contestants in any bona fide contest for the | 33 |
| determination of skill,
speed, strength or endurance or to | 34 |
| the owners of animals or vehicles
entered in such contest;
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| (3) Pari-mutuel betting as authorized by the law of | 36 |
| this State;
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| (4) Manufacture of gambling devices, including the | 2 |
| acquisition of
essential parts therefor and the assembly | 3 |
| thereof, for transportation in
interstate or foreign | 4 |
| commerce to any place outside this State when such
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| transportation is not prohibited by any applicable Federal | 6 |
| law;
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| (5) The game commonly known as "bingo", when conducted | 8 |
| in accordance
with the Bingo License and Tax Act;
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| (6) Lotteries when conducted by the State of Illinois | 10 |
| in accordance
with the Illinois Lottery Law;
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| (7) Possession of an antique slot machine that is | 12 |
| neither used nor
intended to be used in the operation or | 13 |
| promotion of any unlawful
gambling activity or enterprise. | 14 |
| For the purpose of this subparagraph
(b)(7), an antique | 15 |
| slot machine is one manufactured 25 years ago or earlier;
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| (8) Raffles when conducted in accordance with the | 17 |
| Raffles Act;
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| (9) Charitable games when conducted in accordance with | 19 |
| the Charitable
Games Act;
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| (10) Pull tabs and jar games when conducted under the | 21 |
| 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 | 24 |
| (12) Offers of prizes, awards, or compensation to the | 25 |
| actual contestants in any bona fide contest between 2 or | 26 |
| more individuals participating in (1) an electronic video | 27 |
| game simulating a contest requiring skill, experience, | 28 |
| dexterity, and precision and where the element of chance | 29 |
| does not predominate or (2) an electronic video game | 30 |
| requiring speed and accuracy of response to factual | 31 |
| questions and where the element of chance does not | 32 |
| predominate; but not including card games and simulated | 33 |
| card games and not including any gambling game or activity | 34 |
| of the type conducted under the Bingo Licensing Act, the | 35 |
| Illinois Lottery Law, the Raffles Act, the Charitable Games | 36 |
| Act, the Illinois Pull Tabs and Jar Games Act, or the |
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| Riverboat Gambling Act .
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| (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. 91-257, eff. 1-1-00.)
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| (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
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| Sec. 28-2. Definitions.
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| (a) A "gambling device" is any clock, tape machine, slot | 19 |
| machine or
other machines or device for the reception of money | 20 |
| or other thing of value
on chance or skill or upon the action | 21 |
| of which money or other thing of
value is staked, hazarded, | 22 |
| bet, won or lost; or any mechanism, furniture,
fixture, | 23 |
| equipment or other device designed primarily for use in a | 24 |
| gambling
place. A "gambling device" does not include:
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| (1) A coin-in-the-slot operated mechanical device | 26 |
| played for amusement
which rewards the player with the | 27 |
| right to replay such mechanical device,
which device is so | 28 |
| constructed or devised as to make such result of the
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| operation thereof depend in part upon the skill of the | 30 |
| player and which
returns to the player thereof no money, | 31 |
| property or right to receive money
or property.
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| (2) Vending machines by which full and adequate return | 33 |
| is made for the
money invested and in which there is no | 34 |
| element of chance or hazard.
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| (3) A crane game. For the purposes of this paragraph |
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| (3), a "crane
game" is an amusement device involving skill, | 2 |
| if it rewards the player
exclusively with merchandise | 3 |
| contained within the amusement device proper
and limited to | 4 |
| toys, novelties and prizes other than currency, each having
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| a wholesale value which is not more than $100
7 times the | 6 |
| cost charged to play
the amusement device once or $5, | 7 |
| whichever is less .
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| (4) A redemption machine. For the purposes of this | 9 |
| paragraph (4), a
"redemption machine" is a single-player or | 10 |
| multi-player amusement device
involving a game, the object | 11 |
| of which is throwing, rolling, bowling,
shooting, placing, | 12 |
| or propelling a ball or other object into, upon, or
against | 13 |
| a hole or other target, provided that all of the following
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| conditions are met:
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| (A) The outcome of the game is predominantly | 16 |
| determined by the
skill of the player.
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| (B) The award of the prize is based solely upon the | 18 |
| player's
achieving the object of the game or otherwise | 19 |
| upon the player's score.
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| (C) Only merchandise prizes are awarded.
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| (D) The average wholesale value of prizes awarded | 22 |
| in lieu of tickets
or tokens for single play of the | 23 |
| device does not exceed $100
the lesser of $5 or
7 times | 24 |
| the cost charged for a single play of the device .
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| (E) The redemption value of tickets, tokens, and | 26 |
| other representations
of value, which may be | 27 |
| accumulated by players to redeem prizes of greater
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| value, does not exceed the amount charged for a single | 29 |
| play of the device.
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| (a-5) "Internet" means an interactive computer service or | 31 |
| system or an
information service, system, or access software | 32 |
| provider that provides or
enables computer access by multiple | 33 |
| users to a computer server, and includes,
but is not limited | 34 |
| to, an information service, system, or access software
provider | 35 |
| that provides access to a network system commonly known as the
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| Internet, or any comparable system or service and also |
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| includes, but is not
limited to, a World Wide Web page, | 2 |
| newsgroup, message board, mailing list, or
chat area on any | 3 |
| interactive computer service or system or other online
service.
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| (a-6) "Access" and "computer" have the meanings ascribed to | 5 |
| them in
Section
16D-2 of this Code.
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| (b) A "lottery" is any scheme or procedure whereby one or | 7 |
| more prizes
are distributed by chance among persons who have | 8 |
| paid or promised
consideration for a chance to win such prizes, | 9 |
| whether such scheme or
procedure is called a lottery, raffle, | 10 |
| gift, sale or some other name.
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| (c) A "policy game" is any scheme or procedure whereby a | 12 |
| person promises
or guarantees by any instrument, bill, | 13 |
| certificate, writing, token or other
device that any particular | 14 |
| number, character, ticket or certificate shall
in the event of | 15 |
| any contingency in the nature of a lottery entitle the
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| purchaser or holder to receive money, property or evidence of | 17 |
| debt.
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| (Source: P.A. 91-257, eff. 1-1-00.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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