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91_HB0793eng HB0793 Engrossed 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 HB0793 Engrossed -2- LRB9105283RCks 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 HB0793 Engrossed -3- LRB9105283RCks 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 HB0793 Engrossed -4- LRB9105283RCks 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) HB0793 Engrossed -5- LRB9105283RCks 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. HB0793 Engrossed -6- LRB9105283RCks 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. HB0793 Engrossed -7- LRB9105283RCks 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. HB0793 Engrossed -8- LRB9105283RCks 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, HB0793 Engrossed -9- LRB9105283RCks 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 HB0793 Engrossed -10- LRB9105283RCks 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 HB0793 Engrossed -11- LRB9105283RCks 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 HB0793 Engrossed -12- LRB9105283RCks 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, HB0793 Engrossed -13- LRB9105283RCks 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.)