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91_HB0793
LRB9105283RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 28-1, 28-1.1, 28-2, 28-3, 28-5, and 28-7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Sections 28-1, 28-1.1, 28-2, 28-3, 28-5, and 28-7 as
7 follows:
8 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
9 Sec. 28-1. Gambling.
10 (a) A person commits gambling when he:
11 (1) Plays a game of chance or skill for money or
12 other thing of value, unless excepted in subsection (b)
13 of this Section; or
14 (2) Makes a wager upon the result of any game,
15 contest, or any political nomination, appointment or
16 election; or
17 (3) Operates, keeps, owns, uses, purchases,
18 exhibits, rents, sells, bargains for the sale or lease
19 of, manufactures or distributes any gambling device; or
20 (4) Contracts to have or give himself or another
21 the option to buy or sell, or contracts to buy or sell,
22 at a future time, any grain or other commodity
23 whatsoever, or any stock or security of any company,
24 where it is at the time of making such contract intended
25 by both parties thereto that the contract to buy or sell,
26 or the option, whenever exercised, or the contract
27 resulting therefrom, shall be settled, not by the receipt
28 or delivery of such property, but by the payment only of
29 differences in prices thereof; however, the issuance,
30 purchase, sale, exercise, endorsement or guarantee, by or
31 through a person registered with the Secretary of State
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1 pursuant to Section 8 of the Illinois Securities Law of
2 1953, or by or through a person exempt from such
3 registration under said Section 8, of a put, call, or
4 other option to buy or sell securities which have been
5 registered with the Secretary of State or which are
6 exempt from such registration under Section 3 of the
7 Illinois Securities Law of 1953 is not gambling within
8 the meaning of this paragraph (4); or
9 (5) Knowingly owns or possesses any book,
10 instrument or apparatus by means of which bets or wagers
11 have been, or are, recorded or registered, or knowingly
12 possesses any money which he has received in the course
13 of a bet or wager; or
14 (6) Sells pools upon the result of any game or
15 contest of skill or chance, political nomination,
16 appointment or election; or
17 (7) Sets up or promotes any lottery or sells,
18 offers to sell or transfers any ticket or share for any
19 lottery; or
20 (8) Sets up or promotes any policy game or sells,
21 offers to sell or knowingly possesses or transfers any
22 policy ticket, slip, record, document or other similar
23 device; or
24 (9) Knowingly drafts, prints or publishes any
25 lottery ticket or share, or any policy ticket, slip,
26 record, document or similar device, except for such
27 activity related to lotteries, bingo games and raffles
28 authorized by and conducted in accordance with the laws
29 of Illinois or any other state or foreign government; or
30 (10) Knowingly advertises any lottery or policy
31 game, except for such activity related to lotteries,
32 bingo games and raffles authorized by and conducted in
33 accordance with the laws of Illinois or any other state;
34 or
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1 (11) Knowingly transmits information as to wagers,
2 betting odds, or changes in betting odds by telephone,
3 telegraph, radio, semaphore or similar means; or
4 knowingly installs or maintains equipment for the
5 transmission or receipt of such information; except that
6 nothing in this subdivision (11) prohibits transmission
7 or receipt of such information for use in news reporting
8 of sporting events or contests; or .
9 (12) Knowingly accesses the Internet to engage in
10 an act prohibited by any of subdivisions (1) through (11)
11 of this subsection (a).
12 (b) Participants in any of the following activities
13 shall not be convicted of gambling therefor:
14 (1) Agreements to compensate for loss caused by the
15 happening of chance including without limitation
16 contracts of indemnity or guaranty and life or health or
17 accident insurance;
18 (2) Offers of prizes, award or compensation to the
19 actual contestants in any bona fide contest for the
20 determination of skill, speed, strength or endurance or
21 to the owners of animals or vehicles entered in such
22 contest;
23 (3) Pari-mutuel betting as authorized by the law of
24 this State;
25 (4) Manufacture of gambling devices, including the
26 acquisition of essential parts therefor and the assembly
27 thereof, for transportation in interstate or foreign
28 commerce to any place outside this State when such
29 transportation is not prohibited by any applicable
30 Federal law;
31 (5) The game commonly known as "bingo", when
32 conducted in accordance with the Bingo License and Tax
33 Act;
34 (6) Lotteries when conducted by the State of
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1 Illinois in accordance with the Illinois Lottery Law;
2 (7) Possession of an antique slot machine that is
3 neither used nor intended to be used in the operation or
4 promotion of any unlawful gambling activity or
5 enterprise. For the purpose of this subparagraph (b)(7),
6 an antique slot machine is one manufactured 25 years ago
7 or earlier;
8 (8) Raffles when conducted in accordance with the
9 Raffles Act;
10 (9) Charitable games when conducted in accordance
11 with the Charitable Games Act;
12 (10) Pull tabs and jar games when conducted under
13 the Illinois Pull Tabs and Jar Games Act; or
14 (11) Gambling games conducted on riverboats when
15 authorized by the Riverboat Gambling Act.
16 (c) Sentence.
17 Gambling under subsection (a)(1) or (a)(2) of this
18 Section is a Class A misdemeanor. Gambling under any of
19 subsections (a)(3) through (a)(11) of this Section is a Class
20 A misdemeanor. A second or subsequent conviction under any
21 of subsections (a)(3) through (a)(11), is a Class 4 felony.
22 Gambling under subsection (a)(12) of this Section is a Class
23 A misdemeanor if the access of the Internet is to engage in
24 an act prohibited by subsection (a)(1) or (a)(2) of this
25 Section. Gambling under subsection (a)(12) is a Class A
26 misdemeanor for a first offense if the access of the Internet
27 is to engage in an act prohibited by any of subsections
28 (a)(3) through (a)(11) of this Section. A second or
29 subsequent conviction under subsection (a)(12) of this
30 Section is a Class 4 felony if the access of the Internet is
31 to engage in an act prohibited by any of subsections (a)(3)
32 through (a)(11) of this Section.
33 (d) Circumstantial evidence.
34 In prosecutions under subsection (a)(1) through (a)(12)
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1 (a)(11) of this Section circumstantial evidence shall have
2 the same validity and weight as in any criminal prosecution.
3 (Source: P.A. 86-1029; 87-435.)
4 (720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
5 Sec. 28-1.1. Syndicated gambling.
6 (a) Declaration of Purpose. Recognizing the close
7 relationship between professional gambling and other
8 organized crime, it is declared to be the policy of the
9 legislature to restrain persons from engaging in the business
10 of gambling for profit in this State. This Section shall be
11 liberally construed and administered with a view to carrying
12 out this policy.
13 (b) A person commits syndicated gambling when he
14 operates a "policy game" or engages in the business of
15 bookmaking.
16 (c) A person "operates a policy game" when he knowingly
17 uses any premises or property for the purpose of receiving or
18 knowingly does receive from what is commonly called "policy":
19 (1) money from a person other than the better or
20 player whose bets or plays are represented by such money;
21 or
22 (2) written or computer accessible "policy game"
23 records, made or used over any period of time, from a
24 person other than the better or player whose bets or
25 plays are represented by such written or computer
26 accessible record.
27 (d) A person engages in bookmaking when he receives or
28 accepts more than five bets or wagers upon the result of any
29 trials or contests of skill, speed or power of endurance or
30 upon any lot, chance, casualty, unknown or contingent event
31 whatsoever, which bets or wagers shall be of such size that
32 the total of the amounts of money paid or promised to be paid
33 to such bookmaker on account thereof shall exceed $2,000.
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1 Bookmaking is the receiving or accepting of such bets or
2 wagers regardless of the form or manner in which the
3 bookmaker records them.
4 (d-5) A person commits syndicated gambling when he or
5 she accesses the Internet to operate a "policy game" or to
6 engage in the business of bookmaking.
7 (e) Participants in any of the following activities
8 shall not be convicted of syndicated gambling:
9 (1) Agreements to compensate for loss caused by the
10 happening of chance including without limitation
11 contracts of indemnity or guaranty and life or health or
12 accident insurance; and
13 (2) Offers of prizes, award or compensation to the
14 actual contestants in any bona fide contest for the
15 determination of skill, speed, strength or endurance or
16 to the owners of animals or vehicles entered in such
17 contest; and
18 (3) Pari-mutuel betting as authorized by law of
19 this State; and
20 (4) Manufacture of gambling devices, including the
21 acquisition of essential parts therefor and the assembly
22 thereof, for transportation in interstate or foreign
23 commerce to any place outside this State when such
24 transportation is not prohibited by any applicable
25 Federal law; and
26 (5) Raffles when conducted in accordance with the
27 Raffles Act; and
28 (6) Gambling games conducted on riverboats when
29 authorized by the Riverboat Gambling Act.
30 (f) Sentence. Syndicated gambling is a Class 3 felony.
31 (Source: P.A. 86-1029; 87-435.)
32 (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
33 Sec. 28-2. Definitions.
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1 (a) A "gambling device" is any clock, tape machine, slot
2 machine or other machines or device for the reception of
3 money or other thing of value on chance or skill or upon the
4 action of which money or other thing of value is staked,
5 hazarded, bet, won or lost; or any mechanism, furniture,
6 fixture, equipment or other device designed primarily for use
7 in a gambling place. A "gambling device" does not include:
8 (1) A coin-in-the-slot operated mechanical device
9 played for amusement which rewards the player with the
10 right to replay such mechanical device, which device is
11 so constructed or devised as to make such result of the
12 operation thereof depend in part upon the skill of the
13 player and which returns to the player thereof no money,
14 property or right to receive money or property.
15 (2) Vending machines by which full and adequate
16 return is made for the money invested and in which there
17 is no element of chance or hazard.
18 (3) A crane game. For the purposes of this
19 paragraph (3), a "crane game" is an amusement device
20 involving skill, if it rewards the player exclusively
21 with merchandise contained within the amusement device
22 proper and limited to toys, novelties and prizes other
23 than currency, each having a wholesale value which is not
24 more than 7 times the cost charged to play the amusement
25 device once or $5, whichever is less.
26 (4) A redemption machine. For the purposes of this
27 paragraph (4), a "redemption machine" is a single-player
28 or multi-player amusement device involving a game, the
29 object of which is throwing, rolling, bowling, shooting,
30 placing, or propelling a ball or other object into, upon,
31 or against a hole or other target, provided that all of
32 the following conditions are met:
33 (A) The outcome of the game is predominantly
34 determined by the skill of the player.
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1 (B) The award of the prize is based solely
2 upon the player's achieving the object of the game
3 or otherwise upon the player's score.
4 (C) Only merchandise prizes are awarded.
5 (D) The average wholesale value of prizes
6 awarded in lieu of tickets or tokens for single play
7 of the device does not exceed the lesser of $5 or 7
8 times the cost charged for a single play of the
9 device.
10 (E) The redemption value of tickets, tokens,
11 and other representations of value, which may be
12 accumulated by players to redeem prizes of greater
13 value, does not exceed the amount charged for a
14 single play of the device.
15 (a-5) "Internet" means an interactive computer service
16 or system or an information service, system, or access
17 software provider that provides or enables computer access by
18 multiple users to a computer server, and includes, but is not
19 limited to, an information service, system, or access
20 software provider that provides access to a network system
21 commonly known as the Internet, or any comparable system or
22 service and also includes, but is not limited to, a World
23 Wide Web page, newsgroup, message board, mailing list, or
24 chat area on any interactive computer service or system or
25 other online service.
26 (a-6) "Access" and "computer" have the meanings ascribed
27 to them in Section 16D-2 of this Code.
28 (b) A "lottery" is any scheme or procedure whereby one
29 or more prizes are distributed by chance among persons who
30 have paid or promised consideration for a chance to win such
31 prizes, whether such scheme or procedure is called a lottery,
32 raffle, gift, sale or some other name.
33 (c) A "policy game" is any scheme or procedure whereby a
34 person promises or guarantees by any instrument, bill,
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1 certificate, writing, token or other device that any
2 particular number, character, ticket or certificate shall in
3 the event of any contingency in the nature of a lottery
4 entitle the purchaser or holder to receive money, property or
5 evidence of debt.
6 (Source: P.A. 87-855.)
7 (720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
8 Sec. 28-3. Keeping a Gambling Place. A "gambling place"
9 is any real estate, vehicle, boat or any other property
10 whatsoever used for the purposes of gambling other than
11 gambling conducted in the manner authorized by the Riverboat
12 Gambling Act. A "gambling place" includes premises or a
13 building knowingly used by the owner to conduct gambling
14 games prohibited by Section 28-1 by use of the Internet or to
15 conduct syndicated gambling under Section 28-1.1 by use of
16 the Internet. Any person who knowingly permits any premises
17 or property owned or occupied by him or under his control to
18 be used as a gambling place commits a Class A misdemeanor.
19 Each subsequent offense is a Class 4 felony. When any
20 premises is determined by the circuit court to be a gambling
21 place:
22 (a) Such premises is a public nuisance and may be
23 proceeded against as such, and
24 (b) All licenses, permits or certificates issued by the
25 State of Illinois or any subdivision or public agency thereof
26 authorizing the serving of food or liquor on such premises
27 shall be void; and no license, permit or certificate so
28 cancelled shall be reissued for such premises for a period of
29 60 days thereafter; nor shall any person convicted of keeping
30 a gambling place be reissued such license for one year from
31 his conviction and, after a second conviction of keeping a
32 gambling place, any such person shall not be reissued such
33 license, and
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1 (c) Such premises of any person who knowingly permits
2 thereon a violation of any Section of this Article shall be
3 held liable for, and may be sold to pay any unsatisfied
4 judgment that may be recovered and any unsatisfied fine that
5 may be levied under any Section of this Article.
6 (Source: P.A. 86-1029.)
7 (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
8 Sec. 28-5. Seizure of gambling devices and gambling
9 funds.
10 (a) Every device designed for gambling which is
11 incapable of lawful use or every device used unlawfully for
12 gambling including a computer or computer server used in an
13 Internet gambling operation but does not include a computer
14 used by a person to place a bet or wager if the person does
15 not use the computer for the conduct of a gambling operation,
16 shall be considered a "gambling device", and shall be
17 subject to seizure, confiscation and destruction by the
18 Department of State Police or by any municipal, or other
19 local authority, within whose jurisdiction the same may be
20 found. As used in this Section, a "gambling device" includes
21 any slot machine, and includes any machine or device
22 constructed for the reception of money or other thing of
23 value and so constructed as to return, or to cause someone to
24 return, on chance to the player thereof money, property or a
25 right to receive money or property. With the exception of
26 any device designed for gambling which is incapable of lawful
27 use, no gambling device shall be forfeited or destroyed
28 unless an individual with a property interest in said device
29 knows of the unlawful use of the device.
30 (b) Every gambling device shall be seized and forfeited
31 to the county wherein such seizure occurs. Any money or
32 other thing of value integrally related to acts of gambling
33 shall be seized and forfeited to the county wherein such
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1 seizure occurs.
2 (c) If, within 60 days after any seizure pursuant to
3 subparagraph (b) of this Section, a person having any
4 property interest in the seized property is charged with an
5 offense, the court which renders judgment upon such charge
6 shall, within 30 days after such judgment, conduct a
7 forfeiture hearing to determine whether such property was a
8 gambling device at the time of seizure. Such hearing shall
9 be commenced by a written petition by the State, including
10 material allegations of fact, the name and address of every
11 person determined by the State to have any property interest
12 in the seized property, a representation that written notice
13 of the date, time and place of such hearing has been mailed
14 to every such person by certified mail at least 10 days
15 before such date, and a request for forfeiture. Every such
16 person may appear as a party and present evidence at such
17 hearing. The quantum of proof required shall be a
18 preponderance of the evidence, and the burden of proof shall
19 be on the State. If the court determines that the seized
20 property was a gambling device at the time of seizure, an
21 order of forfeiture and disposition of the seized property
22 shall be entered: a gambling device shall be received by the
23 State's Attorney, who shall effect its destruction, except
24 that valuable parts thereof may be liquidated and the
25 resultant money shall be deposited in the general fund of the
26 county wherein such seizure occurred; money and other things
27 of value shall be received by the State's Attorney and, upon
28 liquidation, shall be deposited in the general fund of the
29 county wherein such seizure occurred. However, in the event
30 that a defendant raises the defense that the seized slot
31 machine is an antique slot machine described in subparagraph
32 (b) (7) of Section 28-1 of this Code and therefore he is
33 exempt from the charge of a gambling activity participant,
34 the seized antique slot machine shall not be destroyed or
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1 otherwise altered until a final determination is made by the
2 Court as to whether it is such an antique slot machine. Upon
3 a final determination by the Court of this question in favor
4 of the defendant, such slot machine shall be immediately
5 returned to the defendant. Such order of forfeiture and
6 disposition shall, for the purposes of appeal, be a final
7 order and judgment in a civil proceeding.
8 (d) If a seizure pursuant to subparagraph (b) of this
9 Section is not followed by a charge pursuant to subparagraph
10 (c) of this Section, or if the prosecution of such charge is
11 permanently terminated or indefinitely discontinued without
12 any judgment of conviction or acquittal (1) the State's
13 Attorney shall commence an in rem proceeding for the
14 forfeiture and destruction of a gambling device, or for the
15 forfeiture and deposit in the general fund of the county of
16 any seized money or other things of value, or both, in the
17 circuit court and (2) any person having any property interest
18 in such seized gambling device, money or other thing of value
19 may commence separate civil proceedings in the manner
20 provided by law.
21 (e) Any gambling device displayed for sale to a
22 riverboat gambling operation or used to train occupational
23 licensees of a riverboat gambling operation as authorized
24 under the Riverboat Gambling Act is exempt from seizure under
25 this Section.
26 (f) Any gambling equipment, devices and supplies
27 provided by a licensed supplier in accordance with the
28 Riverboat Gambling Act which are removed from the riverboat
29 for repair are exempt from seizure under this Section.
30 (Source: P.A. 87-826.)
31 (720 ILCS 5/28-7) (from Ch. 38, par. 28-7)
32 Sec. 28-7. Gambling contracts void.
33 (a) All promises, notes, bills, bonds, covenants,
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1 contracts, agreements, judgments, mortgages, or other
2 securities or conveyances made, given, granted, drawn, or
3 entered into, or executed by any person whatsoever, where the
4 whole or any part of the consideration thereof is for any
5 money or thing of value, won or obtained in violation of any
6 Section of this Article are null and void, including
7 contracts, debts, or obligations incurred by Internet
8 gambling.
9 (b) Any obligation void under this Section may be set
10 aside and vacated by any court of competent jurisdiction,
11 upon a complaint filed for that purpose, by the person so
12 granting, giving, entering into, or executing the same, or by
13 his executors or administrators, or by any creditor, heir,
14 legatee, purchaser or other person interested therein; or if
15 a judgment, the same may be set aside on motion of any person
16 stated above, on due notice thereof given.
17 (c) No assignment of any obligation void under this
18 Section may in any manner affect the defense of the person
19 giving, granting, drawing, entering into or executing such
20 obligation, or the remedies of any person interested therein.
21 (d) This Section shall not prevent a licensed owner of a
22 riverboat gambling operation from instituting a cause of
23 action to collect any amount due and owing under an extension
24 of credit to a riverboat gambling patron as authorized under
25 the Riverboat Gambling Act.
26 (Source: P.A. 87-826.)