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92_SB0251eng SB251 Engrossed LRB9207216ARsb 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 5 changing 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 10 other thing of value, unless excepted in subsection (b) 11 of this Section; or 12 (2) Makes a wager upon the result of any game, 13 contest, or any political nomination, appointment or 14 election; or 15 (3) Operates, keeps, owns, uses, purchases, 16 exhibits, rents, sells, bargains for the sale or lease 17 of, manufactures or distributes any gambling device; or 18 (4) Contracts to have or give himself or another 19 the option to buy or sell, or contracts to buy or sell, 20 at a future time, any grain or other commodity 21 whatsoever, or any stock or security of any company, 22 where it is at the time of making such contract intended 23 by both parties thereto that the contract to buy or sell, 24 or the option, whenever exercised, or the contract 25 resulting therefrom, shall be settled, not by the receipt 26 or delivery of such property, but by the payment only of 27 differences in prices thereof; however, the issuance, 28 purchase, sale, exercise, endorsement or guarantee, by or 29 through a person registered with the Secretary of State 30 pursuant to Section 8 of the Illinois Securities Law of 31 1953, or by or through a person exempt from such SB251 Engrossed -2- LRB9207216ARsb 1 registration under said Section 8, of a put, call, or 2 other option to buy or sell securities which have been 3 registered with the Secretary of State or which are 4 exempt from such registration under Section 3 of the 5 Illinois Securities Law of 1953 is not gambling within 6 the meaning of this paragraph (4); or 7 (5) Knowingly owns or possesses any book, 8 instrument or apparatus by means of which bets or wagers 9 have been, or are, recorded or registered, or knowingly 10 possesses any money which he has received in the course 11 of a bet or wager; or 12 (6) Sells pools upon the result of any game or 13 contest of skill or chance, political nomination, 14 appointment or election; or 15 (7) Sets up or promotes any lottery or sells, 16 offers to sell or transfers any ticket or share for any 17 lottery; or 18 (8) Sets up or promotes any policy game or sells, 19 offers to sell or knowingly possesses or transfers any 20 policy ticket, slip, record, document or other similar 21 device; or 22 (9) Knowingly drafts, prints or publishes any 23 lottery ticket or share, or any policy ticket, slip, 24 record, document or similar device, except for such 25 activity related to lotteries, bingo games and raffles 26 authorized by and conducted in accordance with the laws 27 of Illinois or any other state or foreign government; or 28 (10) Knowingly advertises any lottery or policy 29 game, except for such activity related to lotteries, 30 bingo games and raffles authorized by and conducted in 31 accordance with the laws of Illinois or any other state; 32 or 33 (11) Knowingly transmits information as to wagers, 34 betting odds, or changes in betting odds by telephone, SB251 Engrossed -3- LRB9207216ARsb 1 telegraph, radio, semaphore or similar means; or 2 knowingly installs or maintains equipment for the 3 transmission or receipt of such information; except that 4 nothing in this subdivision (11) prohibits transmission 5 or receipt of such information for use in news reporting 6 of sporting events or contests; or 7 (12) Knowingly establishes, maintains, or operates 8 an Internet site that permits a person to play a game of 9 chance or skill for money or other thing of value by 10 means of the Internet or to make a wager upon the result 11 of any game, contest, political nomination, appointment, 12 or election by means of the Internet. 13 (b) Participants in any of the following activities 14 shall not be convicted of gambling therefor: 15 (1) Agreements to compensate for loss caused by the 16 happening of chance including without limitation 17 contracts of indemnity or guaranty and life or health or 18 accident insurance; 19 (2) Offers of prizes, award or compensation to the 20 actual contestants in any bona fide contest for the 21 determination of skill, speed, strength or endurance or 22 to the owners of animals or vehicles entered in such 23 contest; 24 (3) Pari-mutuel betting as authorized by the law of 25 this State; 26 (4) Manufacture of gambling devices, including the 27 acquisition of essential parts therefor and the assembly 28 thereof, for transportation in interstate or foreign 29 commerce to any place outside this State when such 30 transportation is not prohibited by any applicable 31 Federal law; 32 (5) The game commonly known as "bingo", when 33 conducted in accordance with the Bingo License and Tax 34 Act; SB251 Engrossed -4- LRB9207216ARsb 1 (6) Lotteries when conducted by the State of 2 Illinois in accordance with the 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 6 enterprise. For the purpose of this subparagraph (b)(7), 7 an antique slot machine is one manufactured 1225years 8 ago or earlier; 9 (8) Raffles when conducted in accordance with the 10 Raffles Act; 11 (9) Charitable games when conducted in accordance 12 with the Charitable Games Act; 13 (10) Pull tabs and jar games when conducted under 14 the Illinois Pull Tabs and Jar Games Act; or 15 (11) Gambling games conducted on riverboats when 16 authorized by the Riverboat Gambling Act. 17 (c) Sentence. 18 Gambling under subsection (a)(1) or (a)(2) of this 19 Section is a Class A misdemeanor. Gambling under any of 20 subsections (a)(3) through (a)(11) of this Section is a Class 21 A misdemeanor. A second or subsequent conviction under any 22 of subsections (a)(3) through (a)(11), is a Class 4 felony. 23 Gambling under subsection (a)(12) of this Section is a Class 24 A misdemeanor. A second or subsequent conviction under 25 subsection (a)(12) is a Class 4 felony. 26 (d) Circumstantial evidence. 27 In prosecutions under subsection (a)(1) through (a)(12) 28 of this Section circumstantial evidence shall have the same 29 validity and weight as in any criminal prosecution. 30 (Source: P.A. 91-257, eff. 1-1-00.)