Public Act 097-1126
 
HB4320 EnrolledLRB097 15314 AEK 60414 b



    AN ACT concerning gaming.

 
    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 28-2 as follows:
 


    (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 $25.


        (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 that is either 
    physical or computer generated on a display or with lights 
    into, upon, or
against a hole or other target that is 
    either physical or computer generated on a display or with 
    lights, or stopping, by physical, mechanical, or 
    electronic means, a moving object that is either physical 
    or computer generated on a display or with lights into, 
    upon, or
against a hole or other target that is either 
    physical or computer generated on a display or with lights, 
    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 wholesale value of prizes awarded in lieu 
        of tickets
or tokens for single play of the device does 
        not exceed $25.


            (E) The redemption value of tickets, tokens, and 
        other representations
of value, which may be 
        accumulated by players to redeem prizes of greater

        value, for a single play of the device does not exceed 
        $25 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. 95-676, eff. 6-1-08.)