| ||||
| Public Act 096-1203 | ||||
| ||||
| ||||
AN ACT concerning criminal law.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 28-1 as follows:
| ||||
(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| ||||
Sec. 28-1. Gambling.
| ||||
(a) A person commits gambling when he:
| ||||
(1) Plays a game of chance or skill for money or other | ||||
thing of
value, unless excepted in subsection (b) of this | ||||
Section; or
| ||||
(2) Makes a wager upon the result of any game, contest, | ||||
or any
political nomination, appointment or election; or
| ||||
(3) Operates, keeps, owns, uses, purchases, exhibits, | ||||
rents, sells,
bargains for the sale or lease of, | ||||
manufactures or distributes any
gambling device; or
| ||||
(4) Contracts to have or give himself or another the | ||||
option to buy
or sell, or contracts to buy or sell, at a | ||||
future time, any grain or
other commodity whatsoever, or | ||||
any stock or security of any company,
where it is at the | ||||
time of making such contract intended by both parties
| ||||
thereto that the contract to buy or sell, or the option, | ||||
whenever
exercised, or the contract resulting therefrom, | ||||
shall be settled, not by
the receipt or delivery of such | ||
property, but by the payment only of
differences in prices | ||
thereof; however, the issuance, purchase, sale,
exercise, | ||
endorsement or guarantee, by or through a person registered
| ||
with the Secretary of State pursuant to Section 8 of the | ||
Illinois
Securities Law of 1953, or by or through a person | ||
exempt from such
registration under said Section 8, of a | ||
put, call, or other option to
buy or sell securities which | ||
have been registered with the Secretary of
State or which | ||
are exempt from such registration under Section 3 of the
| ||
Illinois Securities Law of 1953 is not gambling within the | ||
meaning of
this paragraph (4); or
| ||
(5) Knowingly owns or possesses any book, instrument or | ||
apparatus by
means of which bets or wagers have been, or | ||
are, recorded or registered,
or knowingly possesses any | ||
money which he has received in the course of
a bet or | ||
wager; or
| ||
(6) Sells pools upon the result of any game or contest | ||
of skill or
chance, political nomination, appointment or | ||
election; or
| ||
(7) Sets up or promotes any lottery or sells, offers to | ||
sell or
transfers any ticket or share for any lottery; or
| ||
(8) Sets up or promotes any policy game or sells, | ||
offers to sell or
knowingly possesses or transfers any | ||
policy ticket, slip, record,
document or other similar | ||
device; or
| ||
(9) Knowingly drafts, prints or publishes any lottery | ||
ticket or share,
or any policy ticket, slip, record, | ||
document or similar device, except for
such activity | ||
related to lotteries, bingo games and raffles authorized by
| ||
and conducted in accordance with the laws of Illinois or | ||
any other state or
foreign government; or
| ||
(10) Knowingly advertises any lottery or policy game, | ||
except for such
activity related to lotteries, bingo games | ||
and raffles authorized by and
conducted in accordance with | ||
the laws of Illinois or any other state; or
| ||
(11) Knowingly transmits information as to wagers, | ||
betting odds, or
changes in betting odds by telephone, | ||
telegraph, radio, semaphore or
similar means; or knowingly | ||
installs or maintains equipment for the
transmission or | ||
receipt of such information; except that nothing in this
| ||
subdivision (11) prohibits transmission or receipt of such | ||
information
for use in news reporting of sporting events or | ||
contests; or
| ||
(12) Knowingly establishes, maintains, or operates an | ||
Internet site that
permits a person to play a game of
| ||
chance or skill for money or other thing of value by means | ||
of the Internet or
to make a wager upon the
result of any | ||
game, contest, political nomination, appointment, or
| ||
election by means of the Internet. This item (12) does not | ||
apply to activities referenced in items (6) and (6.1) of | ||
subsection (b) of this Section.
| ||
(b) Participants in any of the following activities shall | ||
not be
convicted of gambling therefor:
| ||
(1) Agreements to compensate for loss caused by the | ||
happening of
chance including without limitation contracts | ||
of indemnity or guaranty
and life or health or accident | ||
insurance.
| ||
(2) Offers of prizes, award or compensation to the | ||
actual
contestants in any bona fide contest for the | ||
determination of skill,
speed, strength or endurance or to | ||
the owners of animals or vehicles
entered in such contest.
| ||
(3) Pari-mutuel betting as authorized by the law of | ||
this State.
| ||
(4) Manufacture of gambling devices, including the | ||
acquisition of
essential parts therefor and the assembly | ||
thereof, for transportation in
interstate or foreign | ||
commerce to any place outside this State when such
| ||
transportation is not prohibited by any applicable Federal | ||
law; or the
manufacture, distribution, or possession of | ||
video gaming terminals, as
defined in the Video Gaming Act, | ||
by manufacturers, distributors, and
terminal operators | ||
licensed to do so under the Video Gaming Act.
| ||
(5) The game commonly known as "bingo", when conducted | ||
in accordance
with the Bingo License and Tax Act.
| ||
(6) Lotteries when conducted by the State of Illinois | ||
in accordance
with the Illinois Lottery Law. This exemption | ||
includes any activity conducted by the Department of | ||
Revenue to sell lottery tickets pursuant to the provisions | ||
of the Illinois Lottery Law and its rules.
| ||
(6.1) The purchase of lottery tickets through the | ||
Internet for a lottery conducted by the State of Illinois | ||
under the program established in Section 7.12 of the | ||
Illinois Lottery Law.
| ||
(7) Possession of an antique slot machine that is | ||
neither used nor
intended to be used in the operation or | ||
promotion of any unlawful
gambling activity or enterprise. | ||
For the purpose of this subparagraph
(b)(7), an antique | ||
slot machine is one manufactured 25 years ago or earlier.
| ||
(8) Raffles when conducted in accordance with the | ||
Raffles Act.
| ||
(9) Charitable games when conducted in accordance with | ||
the Charitable
Games Act.
| ||
(10) Pull tabs and jar games when conducted under the | ||
Illinois Pull
Tabs and Jar Games Act.
| ||
(11) Gambling games conducted on riverboats when
| ||
authorized by the Riverboat Gambling Act.
| ||
(12) Video gaming terminal games at a licensed | ||
establishment, licensed truck stop establishment,
licensed
| ||
fraternal establishment, or licensed veterans | ||
establishment when
conducted in accordance with the Video | ||
Gaming Act. | ||
(13) Games of skill or chance where money or other | ||
things of value can be won but no payment or purchase is | ||
required to participate. | ||
(c) Sentence.
| ||
Gambling under subsection (a)(1) or (a)(2) of this Section | ||
is a
Class A misdemeanor. Gambling under any of subsections | ||
(a)(3) through
(a)(11) of this Section is a Class A | ||
misdemeanor. A second or
subsequent conviction under any of | ||
subsections (a)(3) through (a)(11),
is a Class 4 felony. | ||
Gambling under subsection (a)(12) of this Section is a
Class A
| ||
misdemeanor. A second or subsequent conviction under | ||
subsection (a)(12) is a
Class 4 felony.
| ||
(d) Circumstantial evidence.
| ||
In prosecutions under subsection (a)(1) through (a)(12) of
| ||
this
Section circumstantial evidence shall have the same | ||
validity and weight as
in any criminal prosecution.
| ||
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||