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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0004eng SB4 Engrossed LRB9100706RCks 1 AN ACT to amend the Criminal Code of 1961 by changing 2 Sections 28-1 and 28-2. 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 and 28-2 as follows: 7 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1) 8 Sec. 28-1. Gambling. 9 (a) A person commits gambling when he: 10 (1) Plays a game of chance or skill for money or 11 other thing of value, unless excepted in subsection (b) 12 of this Section; or 13 (2) Makes a wager upon the result of any game, 14 contest, or any political nomination, appointment or 15 election; or 16 (3) Operates, keeps, owns, uses, purchases, 17 exhibits, rents, sells, bargains for the sale or lease 18 of, manufactures or distributes any gambling device; or 19 (4) Contracts to have or give himself or another 20 the option to buy or sell, or contracts to buy or sell, 21 at a future time, any grain or other commodity 22 whatsoever, or any stock or security of any company, 23 where it is at the time of making such contract intended 24 by both parties thereto that the contract to buy or sell, 25 or the option, whenever exercised, or the contract 26 resulting therefrom, shall be settled, not by the receipt 27 or delivery of such property, but by the payment only of 28 differences in prices thereof; however, the issuance, 29 purchase, sale, exercise, endorsement or guarantee, by or 30 through a person registered with the Secretary of State 31 pursuant to Section 8 of the Illinois Securities Law of SB4 Engrossed -2- LRB9100706RCks 1 1953, or by or through a person exempt from such 2 registration under said Section 8, of a put, call, or 3 other option to buy or sell securities which have been 4 registered with the Secretary of State or which are 5 exempt from such registration under Section 3 of the 6 Illinois Securities Law of 1953 is not gambling within 7 the meaning of this paragraph (4); or 8 (5) Knowingly owns or possesses any book, 9 instrument or apparatus by means of which bets or wagers 10 have been, or are, recorded or registered, or knowingly 11 possesses any money which he has received in the course 12 of a bet or wager; or 13 (6) Sells pools upon the result of any game or 14 contest of skill or chance, political nomination, 15 appointment or election; or 16 (7) Sets up or promotes any lottery or sells, 17 offers to sell or transfers any ticket or share for any 18 lottery; or 19 (8) Sets up or promotes any policy game or sells, 20 offers to sell or knowingly possesses or transfers any 21 policy ticket, slip, record, document or other similar 22 device; or 23 (9) Knowingly drafts, prints or publishes any 24 lottery ticket or share, or any policy ticket, slip, 25 record, document or similar device, except for such 26 activity related to lotteries, bingo games and raffles 27 authorized by and conducted in accordance with the laws 28 of Illinois or any other state or foreign government; or 29 (10) Knowingly advertises any lottery or policy 30 game, except for such activity related to lotteries, 31 bingo games and raffles authorized by and conducted in 32 accordance with the laws of Illinois or any other state; 33 or 34 (11) Knowingly transmits information as to wagers, SB4 Engrossed -3- LRB9100706RCks 1 betting odds, or changes in betting odds by telephone, 2 telegraph, radio, semaphore or similar means; or 3 knowingly installs or maintains equipment for the 4 transmission or receipt of such information; except that 5 nothing in this subdivision (11) prohibits transmission 6 or receipt of such information for use in news reporting 7 of sporting events or contests; or.8 (12) Knowingly establishes, maintains, or operates 9 an Internet site that permits a person to play a game of 10 chance or skill for money or other thing of value by 11 means of the Internet or to make a wager upon the result 12 of any game, contest, political nomination, appointment, 13 or election by means of the Internet. 14 (b) Participants in any of the following activities 15 shall not be convicted of gambling therefor: 16 (1) Agreements to compensate for loss caused by the 17 happening of chance including without limitation 18 contracts of indemnity or guaranty and life or health or 19 accident insurance; 20 (2) Offers of prizes, award or compensation to the 21 actual contestants in any bona fide contest for the 22 determination of skill, speed, strength or endurance or 23 to the owners of animals or vehicles entered in such 24 contest; 25 (3) Pari-mutuel betting as authorized by the law of 26 this State; 27 (4) Manufacture of gambling devices, including the 28 acquisition of essential parts therefor and the assembly 29 thereof, for transportation in interstate or foreign 30 commerce to any place outside this State when such 31 transportation is not prohibited by any applicable 32 Federal law; 33 (5) The game commonly known as "bingo", when 34 conducted in accordance with the Bingo License and Tax SB4 Engrossed -4- LRB9100706RCks 1 Act; 2 (6) Lotteries when conducted by the State of 3 Illinois in accordance with the Illinois Lottery Law; 4 (7) Possession of an antique slot machine that is 5 neither used nor intended to be used in the operation or 6 promotion of any unlawful gambling activity or 7 enterprise. For the purpose of this subparagraph (b)(7), 8 an antique slot machine is one manufactured 25 years ago 9 or earlier; 10 (8) Raffles when conducted in accordance with the 11 Raffles Act; 12 (9) Charitable games when conducted in accordance 13 with the Charitable Games Act; 14 (10) Pull tabs and jar games when conducted under 15 the Illinois Pull Tabs and Jar Games Act; or 16 (11) Gambling games conducted on riverboats when 17 authorized by the Riverboat Gambling Act. 18 (c) Sentence. 19 Gambling under subsection (a)(1) or (a)(2) of this 20 Section is a Class A misdemeanor. Gambling under any of 21 subsections (a)(3) through (a)(11) of this Section is a Class 22 A misdemeanor. A second or subsequent conviction under any 23 of subsections (a)(3) through (a)(11), is a Class 4 felony. 24 Gambling under subsection (a)(12) of this Section is a Class 25 A misdemeanor. A second or subsequent conviction under 26 subsection (a)(12) is a Class 4 felony. 27 (d) Circumstantial evidence. 28 In prosecutions under subsection (a)(1) through (a)(12) 29(a)(11)of this Section circumstantial evidence shall have 30 the same validity and weight as in any criminal prosecution. 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. SB4 Engrossed -5- LRB9100706RCks 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. SB4 Engrossed -6- LRB9100706RCks 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, SB4 Engrossed -7- LRB9100706RCks 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.)