093_HB1515

 
                                     LRB093 03481 LRD 03509 b

 1        AN ACT in relation to gambling.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Criminal  Code  of  1961 is amended by
 5    changing Section 28-7 and adding Sections 28-10 and 28-11  as
 6    follows:

 7        (720 ILCS 5/28-7) (from Ch. 38, par. 28-7)
 8        Sec. 28-7. Gambling contracts void.
 9        (a)  All   promises,   notes,  bills,  bonds,  covenants,
10    contracts,  agreements,  judgments,   mortgages,   or   other
11    securities  or  conveyances  made,  given, granted, drawn, or
12    entered into, or executed by any person whatsoever, where the
13    whole or any part of the consideration  thereof  is  for  any
14    money  or thing of value, won or obtained in violation of any
15    Section of this Article are null and void.
16        (b)  Any obligation void under this Section  may  be  set
17    aside  and  vacated  by  any court of competent jurisdiction,
18    upon a complaint filed for that purpose,  by  the  person  so
19    granting, giving, entering into, or executing the same, or by
20    his  executors  or  administrators, or by any creditor, heir,
21    legatee, purchaser or other person interested therein; or  if
22    a judgment, the same may be set aside on motion of any person
23    stated above, on due notice thereof given.
24        (c)  No  assignment  of  any  obligation  void under this
25    Section may in any manner affect the defense  of  the  person
26    giving,  granting,  drawing,  entering into or executing such
27    obligation, or the remedies of any person interested therein.
28        (d)  This Section shall not prevent a licensed owner of a
29    riverboat gambling operation  from  instituting  a  cause  of
30    action to collect any amount due and owing under an extension
31    of  credit to a riverboat gambling patron that was made prior
 
                            -2-      LRB093 03481 LRD 03509 b
 1    to the effective date of this  amendatory  Act  of  the  93rd
 2    General  Assembly  as authorized under the Riverboat Gambling
 3    Act.
 4    (Source: P.A. 87-826.)

 5        (720 ILCS 5/28-10 new)
 6        Sec. 28-10.  Internet gambling.
 7        (a) No person shall make a wire transfer of money if  the
 8    money   so   transferred   is  to  be  used  as  part  of  an
 9    internet-based gambling transaction.  Any person who violates
10    this subsection  (a)  commits  a  petty  offense.   A  person
11    convicted  of  a  petty  offense  for  a  violation  of  this
12    subsection  (a)  shall be punished by a fine of $1,000.  Each
13    wire transfer constitutes a separate violation.
14        (b) No financial institution shall make a  wire  transfer
15    of  money  for  any person if the financial institution knows
16    that the money is to be used as a part of  an  internet-based
17    gambling   transaction.    Any   financial  institution  that
18    violates this subsection (b)  commits  a  petty  offense.   A
19    financial  institution  convicted  of  a  petty offense for a
20    violation of this subsection (b) shall be punished by a  fine
21    of $1,000 for each violation.  Each wire transfer constitutes
22    a separate violation.
23        For  the  purpose  of  this  Section, the term "financial
24    institution" means any bank;  saving  and  loan  association;
25    trust  company;  agency  or  branch  of a foreign bank in the
26    United States;  currency  exchange;  credit  union;  mortgage
27    banking  institution;  pawnbroker;  loan  or finance company;
28    operator of  a  credit  card  system;  issuer,  redeemer,  or
29    cashier  of travelers checks, checks, or money orders; dealer
30    in precious metals, stones, or jewels; broker  or  dealer  in
31    securities  or  commodities; investment banker; or investment
32    company.
 
                            -3-      LRB093 03481 LRD 03509 b
 1        (720 ILCS 5/28-11 new)
 2        Sec. 28-11. Internet  gambling  transactions  void.   All
 3    credit  card debts incurred as a  result of an internet-based
 4    gambling transaction by any person are null  and  void.   Any
 5    debt  that  is  void under this Section may be set aside by a
 6    court of competent jurisdiction,  upon a complaint filed  for
 7    that  purpose,  by the person who incurred the debt or by his
 8    or  her executors or  administrators,  or  by  any  creditor,
 9    heir, legatee, purchaser, or any other  person stated in this
10    Section,  on due notice thereof given. This Section shall not
11    prevent a licensed owner of a  riverboat  gambling  operation
12    from  instituting a cause of action to collect any amount due
13    and owing  under  an  extension  of  credit  to  a  riverboat
14    gambling  patron that was made prior to the effective date of
15    this  amendatory  Act  of  the  93rd  General   Assembly   as
16    authorized under the Riverboat  Gambling Act.

17        Section  99.  Effective date.  This Act takes effect upon
18    becoming law.