Public Act 096-1203
SB3173 EnrolledLRB096 20068 RLC 35581 b

    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
        (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.

Effective Date: 7/22/2010