101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3334

 

Introduced , by Rep. Robert Rita

 

SYNOPSIS AS INTRODUCED:
 
230 ILCS 15/1  from Ch. 85, par. 2301
230 ILCS 15/2  from Ch. 85, par. 2302
230 ILCS 15/3  from Ch. 85, par. 2303
230 ILCS 15/4  from Ch. 85, par. 2304
230 ILCS 15/5  from Ch. 85, par. 2305
230 ILCS 15/6  from Ch. 85, par. 2306
230 ILCS 15/8.1  from Ch. 85, par. 2308.1
230 ILCS 15/9 rep.
720 ILCS 5/28-1  from Ch. 38, par. 28-1

    Amends the Raffles and Pokers Runs Act. Provides that raffles shall be governed by the governing body of the municipality or county with jurisdiction over the location where the winning chances in the raffle are determined. Provides that a license shall authorize the holder of such license to sell raffle chances throughout the State, including beyond the borders of the licensing municipality or county. Provides that sponsoring organizations may contract with third parties to provide certain services to the sponsoring organization in connection with the operation of a raffle or poker run and may pay reasonable compensation for such services. Makes changes in provisions concerning licenses, applications, issuance, restrictions, and ineligible persons; conduct of raffles and poker runs; managers and bonds; records; and political committees. Incorporates provisions concerning raffles by law enforcement agencies and statewide associations that represent law enforcement officials into the rest of the Act. Makes corresponding changes in the Criminal Code of 2012. Effective immediately.


LRB101 05697 SMS 50713 b

 

 

A BILL FOR

 

HB3334LRB101 05697 SMS 50713 b

1    AN ACT concerning gaming.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Raffles and Poker Runs Act is amended by
5changing Sections 1, 2, 3, 4, 5, 6, and 8.1 as follows:
 
6    (230 ILCS 15/1)  (from Ch. 85, par. 2301)
7    Sec. 1. Definitions. For the purposes of this Act the terms
8defined in this Section have the meanings given them.
9    "Key location" means: (1) For a poker run, the location
10where the poker run concludes and the prizes are awarded. (2)
11For a raffle, the location where the winning chances in the
12raffle are determined.
13    "Law enforcement agency" means an agency of this State or a
14unit of local government in this State that is vested by law or
15ordinance with the duty to maintain public order and to enforce
16criminal laws or ordinances.
17    "Net proceeds" means the gross receipts from the conduct of
18a raffle or poker run raffles, less reasonable sums expended
19for prizes, local license fees and other reasonable operating
20expenses incurred as a result of operating a raffle or poker
21run.
22    "Key location" means the location where the poker run
23concludes and the prize or prizes are awarded.

 

 

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1    "Poker run" means a prize-awarding event organized by an
2organization licensed under this Act in which participants
3travel to multiple predetermined locations, including a key
4location, to play a randomized game based on an element of
5chance. "Poker run" includes dice runs, marble runs, or other
6events where the objective is to build the best hand or highest
7score by obtaining an item or playing a randomized game at each
8location.
9    "Raffle" means a form of lottery, as defined in subsection
10(b) of Section 28-2 28-2(b) of the Criminal Code of 2012,
11conducted by an organization licensed under this Act, in which:
12        (1) the player pays or agrees to pay something of value
13    for a chance, represented and differentiated by a number or
14    by a combination of numbers or by some other medium, one or
15    more of which chances is to be designated the winning
16    chance; and
17        (2) the winning chance is to be determined through a
18    drawing or by some other method based on an element of
19    chance by an act or set of acts on the part of persons
20    conducting or connected with the lottery, except that the
21    winning chance shall not be determined by the outcome of a
22    publicly exhibited sporting contest.
23    "Raffle" does not include a savings promotion raffle
24authorized under Section 5g of the Illinois Banking Act,
25Section 7008 of the Savings Bank Act, Section 42.7 of the
26Illinois Credit Union Act, Section 5136B of the National Bank

 

 

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1Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act
2(12 U.S.C. 1463).
3(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16;
499-405, eff. 8-19-15; 99-642, eff. 7-28-16.)
 
5    (230 ILCS 15/2)  (from Ch. 85, par. 2302)
6    Sec. 2. Licensing.
7    (a) The governing body of any county or municipality within
8this State may establish a system for the licensing of
9organizations to operate raffles. The governing bodies of a
10county and one or more municipalities may, pursuant to a
11written contract, jointly establish a system for the licensing
12of organizations to operate raffles within any area of
13contiguous territory not contained within the corporate limits
14of a municipality which is not a party to such contract. The
15governing bodies of two or more adjacent counties or two or
16more adjacent municipalities located within a county may,
17pursuant to a written contract, jointly establish a system for
18the licensing of organizations to operate raffles within the
19corporate limits of such counties or municipalities. The
20licensing authority may establish special categories of
21licenses and promulgate rules relating to the various
22categories. The licensing system shall provide for limitations
23upon (1) the aggregate retail value of all prizes or
24merchandise awarded by a licensee in a single raffle, if any,
25(2) the maximum retail value of each prize awarded by a

 

 

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1licensee in a single raffle, if any, (3) the maximum price
2which may be charged for each raffle chance issued or sold, if
3any and (4) the maximum number of days during which chances may
4be issued or sold, if any. The licensing system may include a
5fee for each license in an amount to be determined by the local
6governing body. Licenses issued pursuant to this Act shall be
7valid for one raffle or for a specified number of raffles to be
8conducted during a specified period not to exceed one year and
9may be suspended or revoked for any violation of this Act. A
10local governing body shall act on a license application within
1130 days from the date of application. A Nothing in this Act
12shall be construed to prohibit a county or municipality may
13adopt from adopting rules or ordinances for the operation of
14raffles that are consistent with this Act. Raffles shall be
15licensed by the governing body of the municipality with
16jurisdiction over the key location or, if no municipality has
17jurisdiction over the key location, then by the governing body
18of the county with jurisdiction over the key location. A
19license shall authorize the holder of such license to sell
20raffle chances throughout the State, including beyond the
21borders of the licensing municipality or county. more
22restrictive than provided for in this Act. Except for raffles
23organized by law enforcement agencies and statewide
24associations that represent law enforcement officials as
25provided in Section 9 of this Act, the governing body of a
26municipality may authorize the sale of raffle chances only

 

 

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1within the borders of the municipality. Except for raffles
2organized by law enforcement agencies and statewide
3associations that represent law enforcement officials as
4provided in Section 9, the governing body of the county may
5authorize the sale of raffle chances only in those areas which
6are both within the borders of the county and outside the
7borders of any municipality.
8    (a-5) The governing body of Cook County may and any other
9county within this State shall establish a system for the
10licensing of organizations to operate poker runs. The governing
11bodies of 2 or more adjacent counties may, pursuant to a
12written contract, jointly establish a system for the licensing
13of organizations to operate poker runs within the corporate
14limits of such counties. The licensing authority may establish
15special categories of licenses and adopt rules relating to the
16various categories. The licensing system may include a fee not
17to exceed $25 for each license. Licenses issued pursuant to
18this Act shall be valid for one poker run or for a specified
19number of poker runs to be conducted during a specified period
20not to exceed one year and may be suspended or revoked for any
21violation of this Act. A local governing body shall act on a
22license application within 30 days after the date of
23application. Poker runs shall be licensed by the county with
24jurisdiction over the key location. The license granted by the
25key location shall cover the entire poker run, including
26locations other than the key location. Each license issued

 

 

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1shall include the name and address of each predetermined
2location.
3    (b) Raffle licenses shall be issued only to bona fide
4religious, charitable, labor, business, fraternal,
5educational, or veterans', or other bona fide not-for-profit
6organizations that operate without profit to their members and
7which have been in existence continuously for a period of 5
8years immediately before making application for a raffle
9license and which have had during that entire 5-year period
10been a bona fide membership engaged in carrying out their
11objects, or to a non-profit fundraising organization that the
12licensing authority determines is organized for the sole
13purpose of providing financial assistance to an identified
14individual or group of individuals suffering extreme financial
15hardship as the result of an illness, disability, accident or
16disaster, or to any as well as law enforcement agencies and
17statewide associations that represent law enforcement
18officials as provided for in Section 9 of this Act. Poker run
19licenses shall be issued only to bona fide religious,
20charitable, labor, business, fraternal, educational,
21veterans', or other bona fide not-for-profit organizations
22that operate without profit to their members and which have
23been in existence continuously for a period of 5 years
24immediately before making application for a poker run license
25and which have had during that entire 5-year period been a bona
26fide membership engaged in carrying out their objects. Licenses

 

 

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1for poker runs shall be issued for the following purposes: (i)
2providing financial assistance to an identified individual or
3group of individuals suffering extreme financial hardship as
4the result of an illness, disability, accident, or disaster or
5(ii) to maintain the financial stability of the organization. A
6licensing authority may waive the 5-year requirement under this
7subsection (b) for a bona fide religious, charitable, labor,
8business, fraternal, educational, or veterans' organization
9that applies for a license to conduct a raffle or a poker run
10if the organization is a local organization that is affiliated
11with and chartered by a national or State organization that
12meets the 5-year requirement.
13    For purposes of this Act, the following definitions apply.
14Non-profit: An organization or institution organized and
15conducted on a not-for-profit basis with no personal profit
16inuring to any one as a result of the operation. Charitable: An
17organization or institution organized and operated to benefit
18an indefinite number of the public. The service rendered to
19those eligible for benefits must also confer some benefit on
20the public. Educational: An organization or institution
21organized and operated to provide systematic instruction in
22useful branches of learning by methods common to schools and
23institutions of learning which compare favorably in their scope
24and intensity with the course of study presented in
25tax-supported schools. Religious: Any church, congregation,
26society, or organization founded for the purpose of religious

 

 

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1worship. Fraternal: An organization of persons having a common
2interest, the primary interest of which is to both promote the
3welfare of its members and to provide assistance to the general
4public in such a way as to lessen the burdens of government by
5caring for those that otherwise would be cared for by the
6government. Veterans: An organization or association comprised
7of members of which substantially all are individuals who are
8veterans or spouses, widows, or widowers of veterans, the
9primary purpose of which is to promote the welfare of its
10members and to provide assistance to the general public in such
11a way as to confer a public benefit. Labor: An organization
12composed of workers organized with the objective of betterment
13of the conditions of those engaged in such pursuit and the
14development of a higher degree of efficiency in their
15respective occupations. Business: A voluntary organization
16composed of individuals and businesses who have joined together
17to advance the commercial, financial, industrial and civic
18interests of a community.
19    (c) Poker runs shall be licensed by the county with
20jurisdiction over the key location. The license granted by the
21key location shall cover the entire poker run, including
22locations other than the key location. Each license issued
23shall include the name and address of each predetermined
24location.
25(Source: P.A. 99-405, eff. 8-19-15; 99-757, eff. 8-12-16;
26100-201, eff. 8-18-17.)
 

 

 

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1    (230 ILCS 15/3)  (from Ch. 85, par. 2303)
2    Sec. 3. License; application; issuance; restrictions;
3persons ineligible - Application - Issuance - Restrictions -
4Persons ineligible. Licenses issued by the governing body of
5any county or municipality are subject to the following
6restrictions:
7        (1) No person, firm or corporation shall conduct
8    raffles or chances or poker runs without having first
9    obtained a license therefor pursuant to this Act.
10        (2) The license and application for license must
11    specify the location or locations at area or areas within
12    the licensing authority in which winning raffle chances in
13    the raffle will be determined sold or issued or a poker run
14    will be conducted, the time period during which raffle
15    chances will be sold or issued or a poker run will be
16    conducted, the time or times of determination of winning
17    chances and the location or locations at which winning
18    chances will be determined.
19        (3) The license application must contain a sworn
20    statement attesting to the not-for-profit character of the
21    prospective licensee organization, signed by the presiding
22    officer and the secretary of that organization.
23        (4) The application for license shall be prepared in
24    accordance with the ordinance of the local governmental
25    unit.

 

 

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1        (5) A license authorizes the licensee to conduct
2    raffles or poker runs as defined in this Act.
3    The following are ineligible for any license under this
4Act:
5        (a) any person whose felony conviction will impair the
6    person's ability to engage in the licensed position;
7        (b) any person who is or has been a professional
8    gambler or professional gambling promoter;
9        (c) any person who is not of good moral character;
10        (d) any organization firm or corporation in which a
11    person defined in (a), (b) or (c) has a proprietary,
12    equitable or credit interest, or in which such a person is
13    active or employed;
14        (e) any organization in which a person defined in (a),
15    (b) or (c) is an officer, director, or employee, whether
16    compensated or not; and
17        (f) any organization in which a person defined in (a),
18    (b) or (c) is to participate in the management or operation
19    of a raffle as defined in this Act.
20(Source: P.A. 100-286, eff. 1-1-18.)
 
21    (230 ILCS 15/4)  (from Ch. 85, par. 2304)
22    Sec. 4. Conduct of raffles and poker runs.
23    (a) The conducting of raffles and poker runs is subject to
24the following restrictions:
25        (1) The entire net proceeds of any raffle or poker run

 

 

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1    must be exclusively devoted to the lawful purposes of the
2    organization permitted to conduct that game.
3        (2) No person except a bona fide director, officer,
4    employee, or member of the sponsoring organization may
5    manage or participate in the management or operation of the
6    raffle or poker run. (3) No person may receive any
7    remuneration or profit for managing or participating in the
8    management or operation of the raffle or poker run.
9    Sponsoring organizations may contract with third parties
10    who, acting at the direction of and under the supervision
11    of the sponsoring organization, provide bona fide services
12    to the sponsoring organization in connection with the
13    operation of a raffle or poker run and may pay reasonable
14    compensation for such services. Such services include the
15    following: (a) advertising, marketing and promotion, (b)
16    legal, (c) procurement of goods, prizes, wares and
17    merchandise for the purpose of operating the raffle or
18    poker run, (d) rent, if the premises upon which the raffle
19    or poker run will be held is rented, (e) accounting,
20    auditing and bookkeeping, (f) website hosting, (g) mailing
21    and delivery, (h) banking and payment processing, and (i)
22    other services relating to the operation of the raffle or
23    poker run.
24        (3) (4) A licensee may rent a premises on which to
25    determine the winning chance or chances in a raffle or at
26    which to hold a poker run provided that the rent is not

 

 

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1    determined as a percentage of receipts or profits from the
2    raffle or poker run. only from an organization which is
3    also licensed under this Act. A premises where a poker run
4    is held is not required to obtain a license if the name and
5    location of the premises is listed as a predetermined
6    location on the license issued for the poker run and the
7    premises does not charge for use of the premises.
8        (4) (5) Raffle chances may be sold throughout the
9    State, including beyond the borders of the licensing
10    municipality or county. or issued only within the area
11    specified on the license and winning Winning chances may be
12    determined only at those locations specified on the license
13    for a raffle.
14        (5) (6) A person under the age of 18 years may
15    participate in the conducting of raffles or chances or
16    poker runs only with the permission of a parent or
17    guardian. A person under the age of 18 years may be within
18    the area where winning chances in a raffle or winning hands
19    or scores in a poker run are being determined only when
20    accompanied by his parent or guardian.
21    (b) If a lessor rents a premises where a winning chance or
22chances on a raffle or a winning hand or score in a poker run is
23determined, the lessor shall not be criminally liable if the
24person who uses the premises for the determining of winning
25chances does not hold a license issued by the governing body of
26any county or municipality under the provisions of this Act.

 

 

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1(Source: P.A. 98-644, eff. 6-10-14.)
 
2    (230 ILCS 15/5)  (from Ch. 85, par. 2305)
3    Sec. 5. Manager; bond. All management, operation, of and
4the conduct of raffles shall be under the supervision of a
5single manager designated by the organization. The manager
6shall give a fidelity bond in an amount determined by the
7licensing authority in favor of the organization conditioned
8upon his honesty in the performance of his duties. Terms of the
9bond shall provide that notice shall be given in writing to the
10licensing authority not less than 30 days prior to its
11cancellation. The governing body of a local unit of government
12may waive this bond requirement by including a waiver provision
13in the license issued to an organization under this Act,
14provided that a license containing such waiver provision shall
15be granted only by the affirmative unanimous vote of the
16requisite number of members of the licensed organization or, if
17the licensed organization does not have members, of members of
18the governing board of the organization, to constitute an
19affirmative action of the licensed organization. Nothing in
20this Section shall be deemed to apply to poker runs.
21(Source: P.A. 98-644, eff. 6-10-14; 99-405, eff. 8-19-15.)
 
22    (230 ILCS 15/6)  (from Ch. 85, par. 2306)
23    Sec. 6. Records.
24    (a) Each organization licensed to conduct raffles and

 

 

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1chances or poker run events shall keep records of its gross
2receipts, expenses and net proceeds for each single gathering
3or occasion at which winning chances in a raffle or winning
4hands or scores in a poker run are determined. All deductions
5from gross receipts for each single gathering or occasion shall
6be documented with receipts or other records indicating the
7amount, a description of the purchased item or service or other
8reason for the deduction, and the recipient. The distribution
9of net proceeds shall be itemized as to payee, purpose, amount
10and date of payment.
11    (b) Gross receipts from the operation of raffles programs
12or poker runs shall be segregated from other revenues of the
13organization, including bingo gross receipts, if bingo games
14are also conducted by the same nonprofit organization pursuant
15to license therefor issued by the Department of Revenue of the
16State of Illinois, and placed in a separate account. Each
17organization shall have separate records of its raffles and
18poker runs. The person who accounts for gross receipts,
19expenses and net proceeds from the operation of raffles or
20poker runs shall not be the same person who accounts for other
21revenues of the organization.
22    (c) Each organization licensed to conduct raffles or poker
23runs shall report promptly after the conclusion of each raffle
24or poker run runs to its membership or, if the organization
25does not have members, to its governing board. Each
26organization licensed to conduct raffles shall report promptly

 

 

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1to the licensing local unit of government its gross receipts,
2expenses and net proceeds from the raffle or poker run, and the
3distribution of net proceeds itemized as required in this
4Section.
5    (d) Records required by this Section shall be preserved for
63 years, and organizations shall make available their records
7relating to operation of raffles or poker runs for public
8inspection at reasonable times and places.
9(Source: P.A. 98-644, eff. 6-10-14; 99-405, eff. 8-19-15.)
 
10    (230 ILCS 15/8.1)  (from Ch. 85, par. 2308.1)
11    Sec. 8.1. Political committees.
12    (a) For the purposes of this Section the terms defined in
13this subsection have the meanings given them.
14    "Net Proceeds" means the gross receipts from the conduct of
15raffles, less reasonable sums expended for prizes, license fees
16and other reasonable operating expenses incurred as a result of
17operating a raffle.
18    "Raffle" means a form of lottery, as defined in Section
1928-2 (b) of the Criminal Code of 2012, conducted by a political
20committee licensed under this Section, in which:
21        (1) the player pays or agrees to pay something of value
22    for a chance, represented and differentiated by a number or
23    by a combination of numbers or by some other medium, one or
24    more of which chances is to be designated the winning
25    chance; and

 

 

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1        (2) the winning chance is to be determined through a
2    drawing or by some other method based on an element of
3    chance by an act or set of acts on the part of persons
4    conducting or connected with the lottery, except that the
5    winning chance shall not be determined by the outcome of a
6    publicly exhibited sporting contest.
7    "Unresolved claim" means a claim for civil penalty under
8Sections 9-3, 9-10, and 9-23 of The Election Code which has
9been begun by the State Board of Elections, has been disputed
10by the political committee under the applicable rules of the
11State Board of Elections, and has not been finally decided
12either by the State Board of Elections, or, where application
13for review has been made to the Courts of Illinois, remains
14finally undecided by the Courts.
15    "Owes" means that a political committee has been finally
16determined under applicable rules of the State Board of
17Elections to be liable for a civil penalty under Sections 9-3,
189-10, and 9-23 of The Election Code.
19    (b) Licenses issued pursuant to this Section shall be valid
20for one raffle or for a specified number of raffles to be
21conducted during a specified period not to exceed one year and
22may be suspended or revoked for any violation of this Section.
23The State Board of Elections shall act on a license application
24within 30 days from the date of application.
25    (c) Licenses issued by the State Board of Elections are
26subject to the following restrictions:

 

 

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1        (1) No political committee shall conduct raffles or
2    chances without having first obtained a license therefor
3    pursuant to this Section.
4        (2) The application for license shall be prepared in
5    accordance with regulations of the State Board of Elections
6    and must specify the area or areas within the State in
7    which raffle chances will be sold or issued, the time
8    period during which raffle chances will be sold or issued,
9    the time of determination of winning chances and the
10    location or locations at which winning chances will be
11    determined.
12        (3) A license authorizes the licensee to conduct
13    raffles as defined in this Section.
14    The following are ineligible for any license under this
15Section:
16            (i) any political committee which has an officer
17        who has been convicted of a felony;
18            (ii) any political committee which has an officer
19        who is or has been a professional gambler or gambling
20        promoter;
21            (iii) any political committee which has an officer
22        who is not of good moral character;
23            (iv) any political committee which has an officer
24        who is also an officer of a firm or corporation in
25        which a person defined in (i), (ii) or (iii) has a
26        proprietary, equitable or credit interest, or in which

 

 

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1        such a person is active or employed;
2            (v) any political committee in which a person
3        defined in (i), (ii) or (iii) is an officer, director,
4        or employee, whether compensated or not;
5            (vi) any political committee in which a person
6        defined in (i), (ii) or (iii) is to participate in the
7        management or operation of a raffle as defined in this
8        Section;
9            (vii) any committee which, at the time of its
10        application for a license to conduct a raffle, owes the
11        State Board of Elections any unpaid civil penalty
12        authorized by Sections 9-3, 9-10, and 9-23 of The
13        Election Code, or is the subject of an unresolved claim
14        for a civil penalty under Sections 9-3, 9-10, and 9-23
15        of The Election Code;
16            (viii) any political committee which, at the time
17        of its application to conduct a raffle, has not
18        submitted any report or document required to be filed
19        by Article 9 of The Election Code and such report or
20        document is more than 10 days overdue.
21    (d) (1) The conducting of raffles is subject to the
22    following restrictions:
23            (i) The entire net proceeds of any raffle must be
24        exclusively devoted to the lawful purposes of the
25        political committee permitted to conduct that game.
26            (ii) No person except a bona fide member of the

 

 

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1        political committee may participate in the management
2        or operation of the raffle.
3            (iii) No person may receive any remuneration or
4        profit for participating in the management or
5        operation of the raffle.
6            (iv) Raffle chances may be sold or issued only
7        within the area specified on the license and winning
8        chances may be determined only at those locations
9        specified on the license.
10            (v) A person under the age of 18 years may
11        participate in the conducting of raffles or chances
12        only with the permission of a parent or guardian. A
13        person under the age of 18 years may be within the area
14        where winning chances are being determined only when
15        accompanied by his parent or guardian.
16        (2) If a lessor rents a premises where a winning chance
17    or chances on a raffle are determined, the lessor shall not
18    be criminally liable if the person who uses the premises
19    for the determining of winning chances does not hold a
20    license issued under the provisions of this Section.
21    (e) (1) Each political committee licensed to conduct
22    raffles and chances shall keep records of its gross
23    receipts, expenses and net proceeds for each single
24    gathering or occasion at which winning chances are
25    determined. All deductions from gross receipts for each
26    single gathering or occasion shall be documented with

 

 

HB3334- 20 -LRB101 05697 SMS 50713 b

1    receipts or other records indicating the amount, a
2    description of the purchased item or service or other
3    reason for the deduction, and the recipient. The
4    distribution of net proceeds shall be itemized as to payee,
5    purpose, amount and date of payment.
6        (2) Each political committee licensed to conduct
7    raffles shall report on the next report due to be filed
8    under Article 9 of The Election Code its gross receipts,
9    expenses and net proceeds from raffles, and the
10    distribution of net proceeds itemized as required in this
11    subsection.
12    Such reports shall be included in the regular reports
13required of political committees by Article 9 of The Election
14Code.
15        (3) Records required by this subsection shall be
16    preserved for 3 years, and political committees shall make
17    available their records relating to operation of raffles
18    for public inspection at reasonable times and places.
19    (f) Violation of any provision of this Section is a Class C
20misdemeanor.
21    (g) Nothing in this Section shall be construed to authorize
22the conducting or operating of any gambling scheme, enterprise,
23activity or device other than raffles as provided for herein.
24(Source: P.A. 97-1150, eff. 1-25-13; 98-756, eff. 7-16-14.)
 
25    (230 ILCS 15/9 rep.)

 

 

HB3334- 21 -LRB101 05697 SMS 50713 b

1    Section 10. The Raffles and Poker Runs Act is amended by
2repealing Section 9.
 
3    Section 15. The Criminal Code of 2012 is amended by
4changing Section 28-1 as follows:
 
5    (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
6    Sec. 28-1. Gambling.
7    (a) A person commits gambling when he or she:
8        (1) knowingly plays a game of chance or skill for money
9    or other thing of value, unless excepted in subsection (b)
10    of this Section;
11        (2) knowingly makes a wager upon the result of any
12    game, contest, or any political nomination, appointment or
13    election;
14        (3) knowingly operates, keeps, owns, uses, purchases,
15    exhibits, rents, sells, bargains for the sale or lease of,
16    manufactures or distributes any gambling device;
17        (4) contracts to have or give himself or herself or
18    another the option to buy or sell, or contracts to buy or
19    sell, at a future time, any grain or other commodity
20    whatsoever, or any stock or security of any company, where
21    it is at the time of making such contract intended by both
22    parties thereto that the contract to buy or sell, or the
23    option, whenever exercised, or the contract resulting
24    therefrom, shall be settled, not by the receipt or delivery

 

 

HB3334- 22 -LRB101 05697 SMS 50713 b

1    of such property, but by the payment only of differences in
2    prices thereof; however, the issuance, purchase, sale,
3    exercise, endorsement or guarantee, by or through a person
4    registered with the Secretary of State pursuant to Section
5    8 of the Illinois Securities Law of 1953, or by or through
6    a person exempt from such registration under said Section
7    8, of a put, call, or other option to buy or sell
8    securities which have been registered with the Secretary of
9    State or which are exempt from such registration under
10    Section 3 of the Illinois Securities Law of 1953 is not
11    gambling within the meaning of this paragraph (4);
12        (5) knowingly owns or possesses any book, instrument or
13    apparatus by means of which bets or wagers have been, or
14    are, recorded or registered, or knowingly possesses any
15    money which he has received in the course of a bet or
16    wager;
17        (6) knowingly sells pools upon the result of any game
18    or contest of skill or chance, political nomination,
19    appointment or election;
20        (7) knowingly sets up or promotes any lottery or sells,
21    offers to sell or transfers any ticket or share for any
22    lottery;
23        (8) knowingly sets up or promotes any policy game or
24    sells, offers to sell or knowingly possesses or transfers
25    any policy ticket, slip, record, document or other similar
26    device;

 

 

HB3334- 23 -LRB101 05697 SMS 50713 b

1        (9) knowingly drafts, prints or publishes any lottery
2    ticket or share, or any policy ticket, slip, record,
3    document or similar device, except for such activity
4    related to lotteries, bingo games and raffles authorized by
5    and conducted in accordance with the laws of Illinois or
6    any other state or foreign government;
7        (10) knowingly advertises any lottery or policy game,
8    except for such activity related to lotteries, bingo games
9    and raffles authorized by and conducted in accordance with
10    the laws of Illinois or any other state;
11        (11) knowingly transmits information as to wagers,
12    betting odds, or changes in betting odds by telephone,
13    telegraph, radio, semaphore or similar means; or knowingly
14    installs or maintains equipment for the transmission or
15    receipt of such information; except that nothing in this
16    subdivision (11) prohibits transmission or receipt of such
17    information for use in news reporting of sporting events or
18    contests; or
19        (12) knowingly establishes, maintains, or operates an
20    Internet site that permits a person to play a game of
21    chance or skill for money or other thing of value by means
22    of the Internet or to make a wager upon the result of any
23    game, contest, political nomination, appointment, or
24    election by means of the Internet. This item (12) does not
25    apply to activities referenced in items (6), and (6.1),
26    (8), and (8.1) of subsection (b) of this Section.

 

 

HB3334- 24 -LRB101 05697 SMS 50713 b

1    (b) Participants in any of the following activities shall
2not be convicted of gambling:
3        (1) Agreements to compensate for loss caused by the
4    happening of chance including without limitation contracts
5    of indemnity or guaranty and life or health or accident
6    insurance.
7        (2) Offers of prizes, award or compensation to the
8    actual contestants in any bona fide contest for the
9    determination of skill, speed, strength or endurance or to
10    the owners of animals or vehicles entered in such contest.
11        (3) Pari-mutuel betting as authorized by the law of
12    this State.
13        (4) Manufacture of gambling devices, including the
14    acquisition of essential parts therefor and the assembly
15    thereof, for transportation in interstate or foreign
16    commerce to any place outside this State when such
17    transportation is not prohibited by any applicable Federal
18    law; or the manufacture, distribution, or possession of
19    video gaming terminals, as defined in the Video Gaming Act,
20    by manufacturers, distributors, and terminal operators
21    licensed to do so under the Video Gaming Act.
22        (5) The game commonly known as "bingo", when conducted
23    in accordance with the Bingo License and Tax Act.
24        (6) Lotteries when conducted by the State of Illinois
25    in accordance with the Illinois Lottery Law. This exemption
26    includes any activity conducted by the Department of

 

 

HB3334- 25 -LRB101 05697 SMS 50713 b

1    Revenue to sell lottery tickets pursuant to the provisions
2    of the Illinois Lottery Law and its rules.
3        (6.1) The purchase of lottery tickets through the
4    Internet for a lottery conducted by the State of Illinois
5    under the program established in Section 7.12 of the
6    Illinois Lottery Law.
7        (7) Possession of an antique slot machine that is
8    neither used nor intended to be used in the operation or
9    promotion of any unlawful gambling activity or enterprise.
10    For the purpose of this subparagraph (b)(7), an antique
11    slot machine is one manufactured 25 years ago or earlier.
12        (8) Raffles and poker runs when conducted in accordance
13    with the Raffles and Poker Runs Act.
14        (8.1) The purchase of raffle chances for a raffle
15    conducted in accordance with the Raffles and Poker Runs
16    Act.
17        (9) Charitable games when conducted in accordance with
18    the Charitable Games Act.
19        (10) Pull tabs and jar games when conducted under the
20    Illinois Pull Tabs and Jar Games Act.
21        (11) Gambling games conducted on riverboats when
22    authorized by the Riverboat Gambling Act.
23        (12) Video gaming terminal games at a licensed
24    establishment, licensed truck stop establishment, licensed
25    fraternal establishment, or licensed veterans
26    establishment when conducted in accordance with the Video

 

 

HB3334- 26 -LRB101 05697 SMS 50713 b

1    Gaming Act.
2        (13) Games of skill or chance where money or other
3    things of value can be won but no payment or purchase is
4    required to participate.
5        (14) Savings promotion raffles authorized under
6    Section 5g of the Illinois Banking Act, Section 7008 of the
7    Savings Bank Act, Section 42.7 of the Illinois Credit Union
8    Act, Section 5136B of the National Bank Act (12 U.S.C.
9    25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C.
10    1463).
11    (c) Sentence.
12    Gambling is a Class A misdemeanor. A second or subsequent
13conviction under subsections (a)(3) through (a)(12), is a Class
144 felony.
15    (d) Circumstantial evidence.
16    In prosecutions under this Section circumstantial evidence
17shall have the same validity and weight as in any criminal
18prosecution.
19(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.