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91_SB0004sam001
LRB9100706RCksam
1 AMENDMENT TO SENATE BILL 4
2 AMENDMENT NO. . Amend Senate Bill 4 by replacing the
3 title with the following:
4 "AN ACT to amend the Criminal Code of 1961 by changing
5 Sections 28-1 and 28-2."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Criminal Code of 1961 is amended by
9 changing Sections 28-1 and 28-2 as follows:
10 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
11 Sec. 28-1. Gambling.
12 (a) A person commits gambling when he:
13 (1) Plays a game of chance or skill for money or
14 other thing of value, unless excepted in subsection (b)
15 of this Section; or
16 (2) Makes a wager upon the result of any game,
17 contest, or any political nomination, appointment or
18 election; or
19 (3) Operates, keeps, owns, uses, purchases,
20 exhibits, rents, sells, bargains for the sale or lease
21 of, manufactures or distributes any gambling device; or
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1 (4) Contracts to have or give himself or another
2 the option to buy or sell, or contracts to buy or sell,
3 at a future time, any grain or other commodity
4 whatsoever, or any stock or security of any company,
5 where it is at the time of making such contract intended
6 by both parties thereto that the contract to buy or sell,
7 or the option, whenever exercised, or the contract
8 resulting therefrom, shall be settled, not by the receipt
9 or delivery of such property, but by the payment only of
10 differences in prices thereof; however, the issuance,
11 purchase, sale, exercise, endorsement or guarantee, by or
12 through a person registered with the Secretary of State
13 pursuant to Section 8 of the Illinois Securities Law of
14 1953, or by or through a person exempt from such
15 registration under said Section 8, of a put, call, or
16 other option to buy or sell securities which have been
17 registered with the Secretary of State or which are
18 exempt from such registration under Section 3 of the
19 Illinois Securities Law of 1953 is not gambling within
20 the meaning of this paragraph (4); or
21 (5) Knowingly owns or possesses any book,
22 instrument or apparatus by means of which bets or wagers
23 have been, or are, recorded or registered, or knowingly
24 possesses any money which he has received in the course
25 of a bet or wager; or
26 (6) Sells pools upon the result of any game or
27 contest of skill or chance, political nomination,
28 appointment or election; or
29 (7) Sets up or promotes any lottery or sells,
30 offers to sell or transfers any ticket or share for any
31 lottery; or
32 (8) Sets up or promotes any policy game or sells,
33 offers to sell or knowingly possesses or transfers any
34 policy ticket, slip, record, document or other similar
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1 device; or
2 (9) Knowingly drafts, prints or publishes any
3 lottery ticket or share, or any policy ticket, slip,
4 record, document or similar device, except for such
5 activity related to lotteries, bingo games and raffles
6 authorized by and conducted in accordance with the laws
7 of Illinois or any other state or foreign government; or
8 (10) Knowingly advertises any lottery or policy
9 game, except for such activity related to lotteries,
10 bingo games and raffles authorized by and conducted in
11 accordance with the laws of Illinois or any other state;
12 or
13 (11) Knowingly transmits information as to wagers,
14 betting odds, or changes in betting odds by telephone,
15 telegraph, radio, semaphore or similar means; or
16 knowingly installs or maintains equipment for the
17 transmission or receipt of such information; except that
18 nothing in this subdivision (11) prohibits transmission
19 or receipt of such information for use in news reporting
20 of sporting events or contests; or .
21 (12) Knowingly establishes, maintains, or operates
22 an Internet site that permits a person to play a game of
23 chance or skill for money or other thing of value by
24 means of the Internet or to make a wager upon the result
25 of any game, contest, political nomination, appointment,
26 or election by means of the Internet.
27 (b) Participants in any of the following activities
28 shall not be convicted of gambling therefor:
29 (1) Agreements to compensate for loss caused by the
30 happening of chance including without limitation
31 contracts of indemnity or guaranty and life or health or
32 accident insurance;
33 (2) Offers of prizes, award or compensation to the
34 actual contestants in any bona fide contest for the
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1 determination of skill, speed, strength or endurance or
2 to the owners of animals or vehicles entered in such
3 contest;
4 (3) Pari-mutuel betting as authorized by the law of
5 this State;
6 (4) Manufacture of gambling devices, including the
7 acquisition of essential parts therefor and the assembly
8 thereof, for transportation in interstate or foreign
9 commerce to any place outside this State when such
10 transportation is not prohibited by any applicable
11 Federal law;
12 (5) The game commonly known as "bingo", when
13 conducted in accordance with the Bingo License and Tax
14 Act;
15 (6) Lotteries when conducted by the State of
16 Illinois in accordance with the Illinois Lottery Law;
17 (7) Possession of an antique slot machine that is
18 neither used nor intended to be used in the operation or
19 promotion of any unlawful gambling activity or
20 enterprise. For the purpose of this subparagraph (b)(7),
21 an antique slot machine is one manufactured 25 years ago
22 or earlier;
23 (8) Raffles when conducted in accordance with the
24 Raffles Act;
25 (9) Charitable games when conducted in accordance
26 with the Charitable Games Act;
27 (10) Pull tabs and jar games when conducted under
28 the Illinois Pull Tabs and Jar Games Act; or
29 (11) Gambling games conducted on riverboats when
30 authorized by the Riverboat Gambling Act.
31 (c) Sentence.
32 Gambling under subsection (a)(1) or (a)(2) of this
33 Section is a Class A misdemeanor. Gambling under any of
34 subsections (a)(3) through (a)(11) of this Section is a Class
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1 A misdemeanor. A second or subsequent conviction under any
2 of subsections (a)(3) through (a)(11), is a Class 4 felony.
3 Gambling under subsection (a)(12) of this Section is a Class
4 A misdemeanor. A second or subsequent conviction under
5 subsection (a)(12) is a Class 4 felony.
6 (d) Circumstantial evidence.
7 In prosecutions under subsection (a)(1) through (a)(12)
8 (a)(11) of this Section circumstantial evidence shall have
9 the same validity and weight as in any criminal prosecution.
10 (Source: P.A. 86-1029; 87-435.)
11 (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
12 Sec. 28-2. Definitions.
13 (a) A "gambling device" is any clock, tape machine, slot
14 machine or other machines or device for the reception of
15 money or other thing of value on chance or skill or upon the
16 action of which money or other thing of value is staked,
17 hazarded, bet, won or lost; or any mechanism, furniture,
18 fixture, equipment or other device designed primarily for use
19 in a gambling place. A "gambling device" does not include:
20 (1) A coin-in-the-slot operated mechanical device
21 played for amusement which rewards the player with the
22 right to replay such mechanical device, which device is
23 so constructed or devised as to make such result of the
24 operation thereof depend in part upon the skill of the
25 player and which returns to the player thereof no money,
26 property or right to receive money or property.
27 (2) Vending machines by which full and adequate
28 return is made for the money invested and in which there
29 is no element of chance or hazard.
30 (3) A crane game. For the purposes of this
31 paragraph (3), a "crane game" is an amusement device
32 involving skill, if it rewards the player exclusively
33 with merchandise contained within the amusement device
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1 proper and limited to toys, novelties and prizes other
2 than currency, each having a wholesale value which is not
3 more than 7 times the cost charged to play the amusement
4 device once or $5, whichever is less.
5 (4) A redemption machine. For the purposes of this
6 paragraph (4), a "redemption machine" is a single-player
7 or multi-player amusement device involving a game, the
8 object of which is throwing, rolling, bowling, shooting,
9 placing, or propelling a ball or other object into, upon,
10 or against a hole or other target, provided that all of
11 the following conditions are met:
12 (A) The outcome of the game is predominantly
13 determined by the skill of the player.
14 (B) The award of the prize is based solely
15 upon the player's achieving the object of the game
16 or otherwise upon the player's score.
17 (C) Only merchandise prizes are awarded.
18 (D) The average wholesale value of prizes
19 awarded in lieu of tickets or tokens for single play
20 of the device does not exceed the lesser of $5 or 7
21 times the cost charged for a single play of the
22 device.
23 (E) The redemption value of tickets, tokens,
24 and other representations of value, which may be
25 accumulated by players to redeem prizes of greater
26 value, does not exceed the amount charged for a
27 single play of the device.
28 (a-5) "Internet" means an interactive computer service
29 or system or an information service, system, or access
30 software provider that provides or enables computer access by
31 multiple users to a computer server, and includes, but is not
32 limited to, an information service, system, or access
33 software provider that provides access to a network system
34 commonly known as the Internet, or any comparable system or
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1 service and also includes, but is not limited to, a World
2 Wide Web page, newsgroup, message board, mailing list, or
3 chat area on any interactive computer service or system or
4 other online service.
5 (a-6) "Access" and "computer" have the meanings ascribed
6 to them in Section 16D-2 of this Code.
7 (b) A "lottery" is any scheme or procedure whereby one
8 or more prizes are distributed by chance among persons who
9 have paid or promised consideration for a chance to win such
10 prizes, whether such scheme or procedure is called a lottery,
11 raffle, gift, sale or some other name.
12 (c) A "policy game" is any scheme or procedure whereby a
13 person promises or guarantees by any instrument, bill,
14 certificate, writing, token or other device that any
15 particular number, character, ticket or certificate shall in
16 the event of any contingency in the nature of a lottery
17 entitle the purchaser or holder to receive money, property or
18 evidence of debt.
19 (Source: P.A. 87-855.)".