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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0004
LRB9100706RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Sections 28-1, 28-1.1, 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, 28-1.1, 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
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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,
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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 accesses the Internet to engage in
9 an act prohibited by any of subdivisions (1) through (11)
10 of this subsection (a).
11 (b) Participants in any of the following activities
12 shall not be convicted of gambling therefor:
13 (1) Agreements to compensate for loss caused by the
14 happening of chance including without limitation
15 contracts of indemnity or guaranty and life or health or
16 accident insurance;
17 (2) Offers of prizes, award or compensation to the
18 actual contestants in any bona fide contest for the
19 determination of skill, speed, strength or endurance or
20 to the owners of animals or vehicles entered in such
21 contest;
22 (3) Pari-mutuel betting as authorized by the law of
23 this State;
24 (4) Manufacture of gambling devices, including the
25 acquisition of essential parts therefor and the assembly
26 thereof, for transportation in interstate or foreign
27 commerce to any place outside this State when such
28 transportation is not prohibited by any applicable
29 Federal law;
30 (5) The game commonly known as "bingo", when
31 conducted in accordance with the Bingo License and Tax
32 Act;
33 (6) Lotteries when conducted by the State of
34 Illinois in accordance with the Illinois Lottery Law;
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1 (7) Possession of an antique slot machine that is
2 neither used nor intended to be used in the operation or
3 promotion of any unlawful gambling activity or
4 enterprise. For the purpose of this subparagraph (b)(7),
5 an antique slot machine is one manufactured 25 years ago
6 or earlier;
7 (8) Raffles when conducted in accordance with the
8 Raffles Act;
9 (9) Charitable games when conducted in accordance
10 with the Charitable Games Act;
11 (10) Pull tabs and jar games when conducted under
12 the Illinois Pull Tabs and Jar Games Act; or
13 (11) Gambling games conducted on riverboats when
14 authorized by the Riverboat Gambling Act.
15 (c) Sentence.
16 Gambling under subsection (a)(1) or (a)(2) of this
17 Section is a Class A misdemeanor. Gambling under any of
18 subsections (a)(3) through (a)(11) of this Section is a Class
19 A misdemeanor. A second or subsequent conviction under any
20 of subsections (a)(3) through (a)(11), is a Class 4 felony.
21 Gambling under subsection (a)(12) of this Section is a Class
22 A misdemeanor if the access of the Internet is to engage in
23 an act prohibited by subsection (a)(1) or (a)(2) of this
24 Section. Gambling under subsection (a)(12) is a Class A
25 misdemeanor for a first offense if the access of the Internet
26 is to engage in an act prohibited by any of subsections
27 (a)(3) through (a)(11) of this Section. A second or
28 subsequent conviction under subsection (a)(12) of this
29 Section is a Class 4 felony if the access of the Internet is
30 to engage in an act prohibited by any of subsections (a)(3)
31 through (a)(11) of this Section.
32 (d) Circumstantial evidence.
33 In prosecutions under subsection (a)(1) through (a)(12)
34 (a)(11) of this Section circumstantial evidence shall have
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1 the same validity and weight as in any criminal prosecution.
2 (Source: P.A. 86-1029; 87-435.)
3 (720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
4 Sec. 28-1.1. Syndicated gambling.
5 (a) Declaration of Purpose. Recognizing the close
6 relationship between professional gambling and other
7 organized crime, it is declared to be the policy of the
8 legislature to restrain persons from engaging in the business
9 of gambling for profit in this State. This Section shall be
10 liberally construed and administered with a view to carrying
11 out this policy.
12 (b) A person commits syndicated gambling when he
13 operates a "policy game" or engages in the business of
14 bookmaking.
15 (c) A person "operates a policy game" when he knowingly
16 uses any premises or property for the purpose of receiving or
17 knowingly does receive from what is commonly called "policy":
18 (1) money from a person other than the better or
19 player whose bets or plays are represented by such money;
20 or
21 (2) written or computer accessible "policy game"
22 records, made or used over any period of time, from a
23 person other than the better or player whose bets or
24 plays are represented by such written or computer
25 accessible record.
26 (d) A person engages in bookmaking when he receives or
27 accepts more than five bets or wagers upon the result of any
28 trials or contests of skill, speed or power of endurance or
29 upon any lot, chance, casualty, unknown or contingent event
30 whatsoever, which bets or wagers shall be of such size that
31 the total of the amounts of money paid or promised to be paid
32 to such bookmaker on account thereof shall exceed $2,000.
33 Bookmaking is the receiving or accepting of such bets or
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1 wagers regardless of the form or manner in which the
2 bookmaker records them.
3 (d-5) A person commits syndicated gambling when he or
4 she accesses the Internet to operate a "policy game" or to
5 engage in the business of bookmaking.
6 (e) Participants in any of the following activities
7 shall not be convicted of syndicated gambling:
8 (1) Agreements to compensate for loss caused by the
9 happening of chance including without limitation
10 contracts of indemnity or guaranty and life or health or
11 accident insurance; and
12 (2) Offers of prizes, award or compensation to the
13 actual contestants in any bona fide contest for the
14 determination of skill, speed, strength or endurance or
15 to the owners of animals or vehicles entered in such
16 contest; and
17 (3) Pari-mutuel betting as authorized by law of
18 this State; and
19 (4) Manufacture of gambling devices, including the
20 acquisition of essential parts therefor and the assembly
21 thereof, for transportation in interstate or foreign
22 commerce to any place outside this State when such
23 transportation is not prohibited by any applicable
24 Federal law; and
25 (5) Raffles when conducted in accordance with the
26 Raffles Act; and
27 (6) Gambling games conducted on riverboats when
28 authorized by the Riverboat Gambling Act.
29 (f) Sentence. Syndicated gambling is a Class 3 felony.
30 (Source: P.A. 86-1029; 87-435.)
31 (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
32 Sec. 28-2. Definitions.
33 (a) A "gambling device" is any clock, tape machine, slot
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1 machine or other machines or device for the reception of
2 money or other thing of value on chance or skill or upon the
3 action of which money or other thing of value is staked,
4 hazarded, bet, won or lost; or any mechanism, furniture,
5 fixture, equipment or other device designed primarily for use
6 in a gambling place. A "gambling device" does not include:
7 (1) A coin-in-the-slot operated mechanical device
8 played for amusement which rewards the player with the
9 right to replay such mechanical device, which device is
10 so constructed or devised as to make such result of the
11 operation thereof depend in part upon the skill of the
12 player and which returns to the player thereof no money,
13 property or right to receive money or property.
14 (2) Vending machines by which full and adequate
15 return is made for the money invested and in which there
16 is no element of chance or hazard.
17 (3) A crane game. For the purposes of this
18 paragraph (3), a "crane game" is an amusement device
19 involving skill, if it rewards the player exclusively
20 with merchandise contained within the amusement device
21 proper and limited to toys, novelties and prizes other
22 than currency, each having a wholesale value which is not
23 more than 7 times the cost charged to play the amusement
24 device once or $5, whichever is less.
25 (4) A redemption machine. For the purposes of this
26 paragraph (4), a "redemption machine" is a single-player
27 or multi-player amusement device involving a game, the
28 object of which is throwing, rolling, bowling, shooting,
29 placing, or propelling a ball or other object into, upon,
30 or against a hole or other target, provided that all of
31 the following conditions are met:
32 (A) The outcome of the game is predominantly
33 determined by the skill of the player.
34 (B) The award of the prize is based solely
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1 upon the player's achieving the object of the game
2 or otherwise upon the player's score.
3 (C) Only merchandise prizes are awarded.
4 (D) The average wholesale value of prizes
5 awarded in lieu of tickets or tokens for single play
6 of the device does not exceed the lesser of $5 or 7
7 times the cost charged for a single play of the
8 device.
9 (E) The redemption value of tickets, tokens,
10 and other representations of value, which may be
11 accumulated by players to redeem prizes of greater
12 value, does not exceed the amount charged for a
13 single play of the device.
14 (a-5) "Internet" means an interactive computer service
15 or system or an information service, system, or access
16 software provider that provides or enables computer access by
17 multiple users to a computer server, and includes, but is not
18 limited to, an information service, system, or access
19 software provider that provides access to a network system
20 commonly known as the Internet, or any comparable system or
21 service and also includes, but is not limited to, a World
22 Wide Web page, newsgroup, message board, mailing list, or
23 chat area on any interactive computer service or system or
24 other online service.
25 (a-6) "Access" and "computer" have the meanings ascribed
26 to them in Section 16D-2 of this Code.
27 (b) A "lottery" is any scheme or procedure whereby one
28 or more prizes are distributed by chance among persons who
29 have paid or promised consideration for a chance to win such
30 prizes, whether such scheme or procedure is called a lottery,
31 raffle, gift, sale or some other name.
32 (c) A "policy game" is any scheme or procedure whereby a
33 person promises or guarantees by any instrument, bill,
34 certificate, writing, token or other device that any
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1 particular number, character, ticket or certificate shall in
2 the event of any contingency in the nature of a lottery
3 entitle the purchaser or holder to receive money, property or
4 evidence of debt.
5 (Source: P.A. 87-855.)