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Public Act 91-0257
SB4 Enrolled LRB9100706RCks
AN ACT to amend the Criminal Code of 1961 by changing
Sections 28-1 and 28-2.
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 Sections 28-1 and 28-2 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.
(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;
(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;
(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; or
(11) Gambling games conducted on riverboats when
authorized by the Riverboat Gambling Act.
(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)
(a)(11) of this Section circumstantial evidence shall have
the same validity and weight as in any criminal prosecution.
(Source: P.A. 86-1029; 87-435.)
(720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
Sec. 28-2. Definitions.
(a) A "gambling device" is any clock, tape machine, slot
machine or other machines or device for the reception of
money or other thing of value on chance or skill or upon the
action of which money or other thing of value is staked,
hazarded, bet, won or lost; or any mechanism, furniture,
fixture, equipment or other device designed primarily for use
in a gambling place. A "gambling device" does not include:
(1) A coin-in-the-slot operated mechanical device
played for amusement which rewards the player with the
right to replay such mechanical device, which device is
so constructed or devised as to make such result of the
operation thereof depend in part upon the skill of the
player and which returns to the player thereof no money,
property or right to receive money or property.
(2) Vending machines by which full and adequate
return is made for the money invested and in which there
is no element of chance or hazard.
(3) A crane game. For the purposes of this
paragraph (3), a "crane game" is an amusement device
involving skill, if it rewards the player exclusively
with merchandise contained within the amusement device
proper and limited to toys, novelties and prizes other
than currency, each having a wholesale value which is not
more than 7 times the cost charged to play the amusement
device once or $5, whichever is less.
(4) A redemption machine. For the purposes of this
paragraph (4), a "redemption machine" is a single-player
or multi-player amusement device involving a game, the
object of which is throwing, rolling, bowling, shooting,
placing, or propelling a ball or other object into, upon,
or against a hole or other target, provided that all of
the following conditions are met:
(A) The outcome of the game is predominantly
determined by the skill of the player.
(B) The award of the prize is based solely
upon the player's achieving the object of the game
or otherwise upon the player's score.
(C) Only merchandise prizes are awarded.
(D) The average wholesale value of prizes
awarded in lieu of tickets or tokens for single play
of the device does not exceed the lesser of $5 or 7
times the cost charged for a single play of the
device.
(E) The redemption value of tickets, tokens,
and other representations of value, which may be
accumulated by players to redeem prizes of greater
value, does not exceed the amount charged for a
single play of the device.
(a-5) "Internet" means an interactive computer service
or system or an information service, system, or access
software provider that provides or enables computer access by
multiple users to a computer server, and includes, but is not
limited to, an information service, system, or access
software provider that provides access to a network system
commonly known as the Internet, or any comparable system or
service and also includes, but is not limited to, a World
Wide Web page, newsgroup, message board, mailing list, or
chat area on any interactive computer service or system or
other online service.
(a-6) "Access" and "computer" have the meanings ascribed
to them in Section 16D-2 of this Code.
(b) A "lottery" is any scheme or procedure whereby one
or more prizes are distributed by chance among persons who
have paid or promised consideration for a chance to win such
prizes, whether such scheme or procedure is called a lottery,
raffle, gift, sale or some other name.
(c) A "policy game" is any scheme or procedure whereby a
person promises or guarantees by any instrument, bill,
certificate, writing, token or other device that any
particular number, character, ticket or certificate shall in
the event of any contingency in the nature of a lottery
entitle the purchaser or holder to receive money, property or
evidence of debt.
(Source: P.A. 87-855.)
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