94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB2082

 

Introduced 2/14/2005, by Rep. Michael J. Madigan - Barbara Flynn Currie - Robert S. Molaro

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/28-1   from Ch. 38, par. 28-1

    Amends the Criminal Code of 1961. Makes a technical change in a Section concerning gambling.


LRB094 03034 RLC 33035 b

 

 

A BILL FOR

 

HB2082 LRB094 03034 RLC 33035 b

1     AN ACT concerning criminal law.
 
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 changing
5 Section 28-1 as follows:
 
6     (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
7     Sec. 28-1. Gambling.
8     (a) A person commits gambling when he:
9         (1) Plays a game of chance or skill for money or other
10     thing of value, unless excepted in subsection (b) of this
11     Section; or
12         (2) Makes a wager upon the the result of any game,
13     contest, or any political nomination, appointment or
14     election; or
15         (3) Operates, keeps, owns, uses, purchases, exhibits,
16     rents, sells, bargains for the sale or lease of,
17     manufactures or distributes any gambling device; or
18         (4) Contracts to have or give himself or another the
19     option to buy or sell, or contracts to buy or sell, at a
20     future time, any grain or other commodity whatsoever, or
21     any stock or security of any company, where it is at the
22     time of making such contract intended by both parties
23     thereto that the contract to buy or sell, or the option,
24     whenever exercised, or the contract resulting therefrom,
25     shall be settled, not by the receipt or delivery of such
26     property, but by the payment only of differences in prices
27     thereof; however, the issuance, purchase, sale, exercise,
28     endorsement or guarantee, by or through a person registered
29     with the Secretary of State pursuant to Section 8 of the
30     Illinois Securities Law of 1953, or by or through a person
31     exempt from such registration under said Section 8, of a
32     put, call, or other option to buy or sell securities which

 

 

HB2082 - 2 - LRB094 03034 RLC 33035 b

1     have been registered with the Secretary of State or which
2     are exempt from such registration under Section 3 of the
3     Illinois Securities Law of 1953 is not gambling within the
4     meaning of this paragraph (4); or
5         (5) Knowingly owns or possesses any book, instrument or
6     apparatus by means of which bets or wagers have been, or
7     are, recorded or registered, or knowingly possesses any
8     money which he has received in the course of a bet or
9     wager; or
10         (6) Sells pools upon the result of any game or contest
11     of skill or chance, political nomination, appointment or
12     election; or
13         (7) Sets up or promotes any lottery or sells, offers to
14     sell or transfers any ticket or share for any lottery; or
15         (8) Sets up or promotes any policy game or sells,
16     offers to sell or knowingly possesses or transfers any
17     policy ticket, slip, record, document or other similar
18     device; or
19         (9) Knowingly drafts, prints or publishes any lottery
20     ticket or share, or any policy ticket, slip, record,
21     document or similar device, except for such activity
22     related to lotteries, bingo games and raffles authorized by
23     and conducted in accordance with the laws of Illinois or
24     any other state or foreign government; or
25         (10) Knowingly advertises any lottery or policy game,
26     except for such activity related to lotteries, bingo games
27     and raffles authorized by and conducted in accordance with
28     the laws of Illinois or any other state; or
29         (11) Knowingly transmits information as to wagers,
30     betting odds, or changes in betting odds by telephone,
31     telegraph, radio, semaphore or similar means; or knowingly
32     installs or maintains equipment for the transmission or
33     receipt of such information; except that nothing in this
34     subdivision (11) prohibits transmission or receipt of such
35     information for use in news reporting of sporting events or
36     contests; or

 

 

HB2082 - 3 - LRB094 03034 RLC 33035 b

1         (12) Knowingly establishes, maintains, or operates an
2     Internet site that permits a person to play a game of
3     chance or skill for money or other thing of value by means
4     of the Internet or to make a wager upon the result of any
5     game, contest, political nomination, appointment, or
6     election by means of the Internet.
7     (b) Participants in any of the following activities shall
8 not be convicted of gambling therefor:
9         (1) Agreements to compensate for loss caused by the
10     happening of chance including without limitation contracts
11     of indemnity or guaranty and life or health or accident
12     insurance;
13         (2) Offers of prizes, award or compensation to the
14     actual contestants in any bona fide contest for the
15     determination of skill, speed, strength or endurance or to
16     the owners of animals or vehicles entered in such contest;
17         (3) Pari-mutuel betting as authorized by the law of
18     this State;
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 Federal
24     law;
25         (5) The game commonly known as "bingo", when conducted
26     in accordance with the Bingo License and Tax Act;
27         (6) Lotteries when conducted by the State of Illinois
28     in accordance with the Illinois Lottery Law;
29         (7) Possession of an antique slot machine that is
30     neither used nor intended to be used in the operation or
31     promotion of any unlawful gambling activity or enterprise.
32     For the purpose of this subparagraph (b)(7), an antique
33     slot machine is one manufactured 25 years ago or earlier;
34         (8) Raffles when conducted in accordance with the
35     Raffles Act;
36         (9) Charitable games when conducted in accordance with

 

 

HB2082 - 4 - LRB094 03034 RLC 33035 b

1     the Charitable Games Act;
2         (10) Pull tabs and jar games when conducted under the
3     Illinois Pull Tabs and Jar Games Act; or
4         (11) Gambling games conducted on riverboats when
5     authorized by the Riverboat Gambling Act.
6     (c) Sentence.
7     Gambling under subsection (a)(1) or (a)(2) of this Section
8 is a Class A misdemeanor. Gambling under any of subsections
9 (a)(3) through (a)(11) of this Section is a Class A
10 misdemeanor. A second or subsequent conviction under any of
11 subsections (a)(3) through (a)(11), is a Class 4 felony.
12 Gambling under subsection (a)(12) of this Section is a Class A
13 misdemeanor. A second or subsequent conviction under
14 subsection (a)(12) is a Class 4 felony.
15     (d) Circumstantial evidence.
16     In prosecutions under subsection (a)(1) through (a)(12) of
17 this Section circumstantial evidence shall have the same
18 validity and weight as in any criminal prosecution.
19 (Source: P.A. 91-257, eff. 1-1-00.)