Full Text of SB1504 103rd General Assembly
SB1504eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning gaming.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Video Gaming
Act is amended by changing | 5 | | Section 35 as follows: | 6 | | (230 ILCS 40/35)
| 7 | | Sec. 35. Display of license; confiscation; violation as | 8 | | felony. | 9 | | (a) Each
video gaming terminal shall be licensed by the | 10 | | Board before placement
or operation on the premises of a | 11 | | licensed establishment, licensed truck stop
establishment, | 12 | | licensed large truck stop establishment, licensed
fraternal | 13 | | establishment, or licensed veterans establishment. The license | 14 | | of
each video gaming terminal shall be maintained
at the | 15 | | location where the video gaming terminal is operated. Failure | 16 | | to do so
is a petty offense with a fine
not to exceed $100.
Any | 17 | | licensed establishment, licensed truck stop establishment, | 18 | | licensed large truck stop establishment, licensed
fraternal | 19 | | establishment, or licensed
veterans establishment
used for the | 20 | | conduct of gambling games in violation of this Act shall be
| 21 | | considered a gambling place in violation of Section 28-3 of | 22 | | the Criminal
Code of 2012. Every gambling device found in
a | 23 | | licensed establishment, licensed truck stop establishment, |
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| 1 | | licensed large truck stop establishment, licensed fraternal
| 2 | | establishment, or licensed
veterans establishment operating | 3 | | gambling games in violation of this
Act shall be subject to | 4 | | seizure, confiscation, and destruction as provided
in Section | 5 | | 28-5 of the Criminal Code of 2012.
Any license issued under the | 6 | | Liquor Control Act
of 1934 to any owner or operator of a | 7 | | licensed establishment, licensed truck
stop establishment, | 8 | | licensed large truck stop establishment, licensed
fraternal | 9 | | establishment, or licensed veterans establishment that | 10 | | operates or
permits the operation of a video gaming terminal | 11 | | within its establishment in
violation of this Act shall be | 12 | | immediately revoked.
No person may own, operate, have in his | 13 | | or her possession or custody or under
his or her control, or | 14 | | permit to be kept in any place under his or her
possession or | 15 | | control, any
device that awards credits and contains a | 16 | | circuit, meter, or switch capable of
removing and recording | 17 | | the removal of credits when the award of credits is
dependent | 18 | | upon chance. | 19 | | Nothing in this Section shall be deemed to prohibit the | 20 | | use of a game device only if the game device is used in an | 21 | | activity that is not gambling under subsection (b) of Section | 22 | | 28-1 of the Criminal Code of 2012. | 23 | | A violation of this Section is a Class 4 felony. All
| 24 | | devices that are owned, operated, or possessed in violation of | 25 | | this Section are
hereby declared to be public nuisances and | 26 | | shall be subject to seizure,
confiscation, and destruction as |
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| 1 | | provided in Section 28-5 of the Criminal Code
of 2012.
| 2 | | The provisions of this Section do not apply to devices or | 3 | | electronic video
game terminals licensed pursuant to this Act. | 4 | | A video gaming terminal operated for amusement only and | 5 | | bearing a valid amusement tax sticker shall not be subject to | 6 | | this Section until 30 days after the Board establishes that | 7 | | the central communications system is functional.
| 8 | | (b) (1) The odds of winning each video game shall be posted | 9 | | on or near each video gaming terminal. The manner in which the | 10 | | odds are calculated and how they are posted shall be | 11 | | determined by the Board by rule. | 12 | | (2) No video gaming terminal licensed under this Act may | 13 | | be played except during the legal hours of operation allowed | 14 | | for the consumption of alcoholic beverages at the licensed | 15 | | establishment, licensed fraternal establishment, or licensed | 16 | | veterans establishment. A licensed establishment, licensed | 17 | | fraternal establishment, or licensed veterans establishment | 18 | | that violates this subsection is subject to termination of its | 19 | | license by the Board. | 20 | | (Source: P.A. 101-31, eff. 6-28-19.) | 21 | | Section 10. The Criminal Code of 2012 is amended by | 22 | | changing Sections 28-1 and 28-2 as follows:
| 23 | | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
| 24 | | Sec. 28-1. Gambling.
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| 1 | | (a) A person commits gambling when he or she:
| 2 | | (1) knowingly plays a game of chance or skill for | 3 | | money or other thing of
value, unless excepted in | 4 | | subsection (b) of this Section;
| 5 | | (2) knowingly makes a wager upon the result of any | 6 | | game, contest, or any
political nomination, appointment or | 7 | | election;
| 8 | | (3) knowingly operates, keeps, owns, uses, purchases, | 9 | | exhibits, rents, sells,
bargains for the sale or lease of, | 10 | | manufactures or distributes any
gambling device;
| 11 | | (4) contracts to have or give himself or herself or | 12 | | another the option to buy
or sell, or contracts to buy or | 13 | | sell, at a future time, any grain or
other commodity | 14 | | whatsoever, or any stock or security of any company,
where | 15 | | it is at the time of making such contract intended by both | 16 | | parties
thereto that the contract to buy or sell, or the | 17 | | option, whenever
exercised, or the contract resulting | 18 | | therefrom, shall be settled, not by
the receipt or | 19 | | delivery of such property, but by the payment only of
| 20 | | differences in prices thereof; however, the issuance, | 21 | | purchase, sale,
exercise, endorsement or guarantee, by or | 22 | | through a person registered
with the Secretary of State | 23 | | pursuant to Section 8 of the Illinois
Securities Law of | 24 | | 1953, or by or through a person exempt from such
| 25 | | registration under said Section 8, of a put, call, or | 26 | | other option to
buy or sell securities which have been |
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| 1 | | registered with the Secretary of
State or which are exempt | 2 | | from such registration under Section 3 of the
Illinois | 3 | | Securities Law of 1953 is not gambling within the meaning | 4 | | of
this paragraph (4);
| 5 | | (5) knowingly owns or possesses any book, instrument , | 6 | | or apparatus by
means of which bets or wagers have been, or | 7 | | are, recorded or registered,
or knowingly possesses any | 8 | | money which he or she has received in the course of
a bet | 9 | | or wager;
| 10 | | (6) knowingly sells pools upon the result of any game | 11 | | or contest of skill or
chance, political nomination, | 12 | | appointment , or election;
| 13 | | (7) knowingly sets up or promotes any lottery or | 14 | | sells, offers to sell , or
transfers any ticket or share | 15 | | for any lottery;
| 16 | | (8) knowingly sets up or promotes any policy game or | 17 | | sells, offers to sell , or
knowingly possesses or transfers | 18 | | any policy ticket, slip, record,
document , or other | 19 | | similar device;
| 20 | | (9) knowingly drafts, prints , or publishes any lottery | 21 | | ticket or share,
or any policy ticket, slip, record, | 22 | | document , or similar device, except for
such activity | 23 | | related to lotteries, bingo games , and raffles authorized | 24 | | by
and conducted in accordance with the laws of Illinois | 25 | | or any other state or
foreign government;
| 26 | | (10) knowingly advertises any lottery or policy game, |
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| 1 | | except for such
activity related to lotteries, bingo | 2 | | games , and raffles authorized by and
conducted in | 3 | | accordance with the laws of Illinois or any other state;
| 4 | | (11) knowingly transmits information as to wagers, | 5 | | betting odds, or
changes in betting odds by telephone, | 6 | | telegraph, radio, semaphore , or
similar means; or | 7 | | knowingly installs or maintains equipment for the
| 8 | | transmission or receipt of such information; except that | 9 | | nothing in this
subdivision (11) prohibits transmission or | 10 | | receipt of such information
for use in news reporting of | 11 | | sporting events or contests; or
| 12 | | (12) knowingly establishes, maintains, or operates an | 13 | | Internet site that
permits a person to play a game of
| 14 | | chance or skill for money or other thing of value by means | 15 | | of the Internet or
to make a wager upon the
result of any | 16 | | game, contest, political nomination, appointment, or
| 17 | | election by means of the Internet. This item (12) does not | 18 | | apply to activities referenced in items (6), (6.1), (8), | 19 | | (8.1), and (15) of subsection (b) of this Section.
| 20 | | (b) Participants in any of the following activities shall | 21 | | not be
convicted of gambling:
| 22 | | (1) Agreements to compensate for loss caused by the | 23 | | happening of
chance , including , without limitation , | 24 | | contracts of indemnity or guaranty
and life or health or | 25 | | accident insurance.
| 26 | | (2) Offers of prizes, award , or compensation to the |
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| 1 | | actual
contestants in any bona fide contest for the | 2 | | determination of skill,
speed, strength , or endurance or | 3 | | to the owners of animals or vehicles
entered in such | 4 | | contest.
| 5 | | (3) Pari-mutuel betting as authorized by the law of | 6 | | this State.
| 7 | | (4) Manufacture of gambling devices, including the | 8 | | acquisition of
essential parts therefor and the assembly | 9 | | thereof, for transportation in
interstate or foreign | 10 | | commerce to any place outside this State when such
| 11 | | transportation is not prohibited by any applicable Federal | 12 | | law; or the
manufacture, distribution, or possession of | 13 | | video gaming terminals, as
defined in the Video Gaming | 14 | | Act, by manufacturers, distributors, and
terminal | 15 | | operators licensed to do so under the Video Gaming Act.
| 16 | | (5) The game commonly known as "bingo", when conducted | 17 | | in accordance
with the Bingo License and Tax Act.
| 18 | | (6) Lotteries when conducted by the State of Illinois | 19 | | in accordance
with the Illinois Lottery Law. This | 20 | | exemption includes any activity conducted by the | 21 | | Department of Revenue to sell lottery tickets pursuant to | 22 | | the provisions of the Illinois Lottery Law and its rules.
| 23 | | (6.1) The purchase of lottery tickets through the | 24 | | Internet for a lottery conducted by the State of Illinois | 25 | | under the program established in Section 7.12 of the | 26 | | 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 enterprise. | 4 | | For the purpose of this subparagraph
(b)(7), an antique | 5 | | slot machine is one manufactured 25 years ago or earlier.
| 6 | | (8) Raffles and poker runs when conducted in | 7 | | accordance with the Raffles and Poker Runs Act.
| 8 | | (8.1) The purchase of raffle chances for a raffle | 9 | | conducted in accordance with the Raffles and Poker Runs | 10 | | Act. | 11 | | (9) Charitable games when conducted in accordance with | 12 | | the Charitable
Games Act.
| 13 | | (10) Pull tabs and jar games when conducted under the | 14 | | Illinois Pull
Tabs and Jar Games Act.
| 15 | | (11) Gambling games when
authorized by the Illinois | 16 | | Gambling Act.
| 17 | | (12) Video gaming terminal games at a licensed | 18 | | establishment, licensed truck stop establishment, licensed | 19 | | large truck stop establishment,
licensed
fraternal | 20 | | establishment, or licensed veterans establishment when
| 21 | | conducted in accordance with the Video Gaming Act. | 22 | | (13) Games of skill or chance where money or other | 23 | | things of value can be won but no payment or purchase is | 24 | | required to participate , except where participation in | 25 | | such game of skill or chance is accomplished using a | 26 | | gambling device prohibited by Section 28-2(a)(iii) . |
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| 1 | | (14) Savings promotion raffles authorized under | 2 | | Section 5g of the Illinois Banking Act, Section 7008 of | 3 | | the Savings Bank Act, Section 42.7 of the Illinois Credit | 4 | | Union Act, Section 5136B of the National Bank Act (12 | 5 | | U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 | 6 | | U.S.C. 1463). | 7 | | (15) Sports wagering when conducted in accordance with | 8 | | the Sports Wagering Act. | 9 | | (c) Sentence.
| 10 | | (1) Gambling is a
Class A misdemeanor. A second or
| 11 | | subsequent conviction under subsections (a)(3) through | 12 | | (a)(12),
is a Class 4 felony.
| 13 | | (2) Notwithstanding subsection (c)(1), or anything | 14 | | else contained in this Section to the contrary, a gambling | 15 | | offense involving a device described in Section | 16 | | 28-2(a)(iii) is a Class 4 felony. | 17 | | (d) Circumstantial evidence.
| 18 | | In prosecutions under
this
Section circumstantial evidence | 19 | | shall have the same validity and weight as
in any criminal | 20 | | prosecution.
| 21 | | (Source: P.A. 101-31, Article 25, Section 25-915, eff. | 22 | | 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; | 23 | | 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)
| 24 | | (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
| 25 | | Sec. 28-2. Definitions.
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| 1 | | (a) A "gambling device" is : (i) any clock, tape machine, | 2 | | slot machine , or
other machines or device for the reception of | 3 | | money or other thing of value
on chance or skill or upon the | 4 | | action of which money or other thing of
value is staked, | 5 | | hazarded, bet, won, or lost; (ii) or any mechanism, furniture,
| 6 | | fixture, equipment, or other device designed primarily for use | 7 | | in a gambling
place ; or (iii) any vending or other electronic | 8 | | machine or device, including, without limitation, a machine or | 9 | | device that awards credits and contains a circuit, meter, or | 10 | | switch capable of removing and recording the removal of | 11 | | credits that offers a person entry into any contest, | 12 | | competition, sweepstakes, scheme, plan, or other selection | 13 | | process that involves or is dependent upon an element of | 14 | | chance for which the person may receive a gift, award, or other | 15 | | item or service of value if that offer is incidental to or | 16 | | results from: (A) the purchase of an item or service of value; | 17 | | or (B) the purchase or gratuitous receipt of a coupon, | 18 | | voucher, certificate, or other similar credit that can be | 19 | | redeemed for or applied towards an item or service of value | 20 | | from such machine or device or elsewhere . A "gambling device" | 21 | | does not include:
| 22 | | (1) A coin-in-the-slot operated mechanical device | 23 | | played for amusement
which rewards the player with the | 24 | | right to replay such mechanical device,
which device is so | 25 | | constructed or devised as to make such result of the
| 26 | | operation thereof depend in part upon the skill of the |
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| 1 | | player and which
returns to the player thereof no money, | 2 | | property, or right to receive money
or property.
| 3 | | (2) Except as otherwise provided in this subsection | 4 | | (a), a vending machine Vending machines by which full and | 5 | | adequate return is made for the
money invested and in | 6 | | which there is no element of chance or hazard.
| 7 | | (3) A crane game. For the purposes of this paragraph | 8 | | (3), a "crane
game" is an amusement device involving | 9 | | skill, if it rewards the player
exclusively with | 10 | | merchandise contained within the amusement device proper
| 11 | | and limited to toys, novelties, and prizes other than | 12 | | currency, each having
a wholesale value which is not more | 13 | | than $25.
| 14 | | (4) A redemption machine. For the purposes of this | 15 | | paragraph (4), a
"redemption machine" is a single-player | 16 | | or multi-player amusement device
involving a game, the | 17 | | object of which is throwing, rolling, bowling,
shooting, | 18 | | placing, or propelling a ball or other object that is | 19 | | either physical or computer generated on a display or with | 20 | | lights into, upon, or
against a hole or other target that | 21 | | is either physical or computer generated on a display or | 22 | | with lights, or stopping, by physical, mechanical, or | 23 | | electronic means, a moving object that is either physical | 24 | | or computer generated on a display or with lights into, | 25 | | upon, or
against a hole or other target that is either | 26 | | physical or computer generated on a display or with |
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| 1 | | lights, provided that all of the following
conditions are | 2 | | met:
| 3 | | (A) The outcome of the game is predominantly | 4 | | determined by the
skill of the player.
| 5 | | (B) The award of the prize is based solely upon the | 6 | | player's
achieving the object of the game or otherwise | 7 | | upon the player's score.
| 8 | | (C) Only merchandise prizes are awarded.
| 9 | | (D) The wholesale value of prizes awarded in lieu | 10 | | of tickets
or tokens for single play of the device does | 11 | | not exceed $25.
| 12 | | (E) The redemption value of tickets, tokens, and | 13 | | other representations
of value, which may be | 14 | | accumulated by players to redeem prizes of greater
| 15 | | value, for a single play of the device does not exceed | 16 | | $25.
| 17 | | (5) Video gaming terminals at a licensed | 18 | | establishment, licensed truck stop establishment,
licensed | 19 | | large truck stop establishment, licensed
fraternal | 20 | | establishment, or licensed veterans establishment licensed | 21 | | in accordance with the Video Gaming Act. | 22 | | (a-5) "Internet" means an interactive computer service or | 23 | | system or an
information service, system, or access software | 24 | | provider that provides or
enables computer access by multiple | 25 | | users to a computer server, and includes,
but is not limited | 26 | | to, an information service, system, or access software
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| 1 | | provider that provides access to a network system commonly | 2 | | known as the
Internet, or any comparable system or service and | 3 | | also includes, but is not
limited to, a World Wide Web page, | 4 | | newsgroup, message board, mailing list, or
chat area on any | 5 | | interactive computer service or system or other online
| 6 | | service.
| 7 | | (a-6) "Access" has the meaning ascribed to the term in | 8 | | Section 17-55.
| 9 | | (a-7) "Computer" has the meaning ascribed to the term in | 10 | | Section 17-0.5. | 11 | | (b) A "lottery" is any scheme or procedure whereby one or | 12 | | more prizes
are distributed by chance among persons who have | 13 | | paid or promised
consideration for a chance to win such | 14 | | prizes, whether such scheme or
procedure is called a lottery, | 15 | | raffle, gift, sale, or some other name, excluding savings | 16 | | promotion raffles authorized under Section 5g of the Illinois | 17 | | Banking Act, Section 7008 of the Savings Bank Act, Section | 18 | | 42.7 of the Illinois Credit Union Act, Section 5136B of the | 19 | | National Bank Act (12 U.S.C. 25a), or Section 4 of the Home | 20 | | Owners' Loan Act (12 U.S.C. 1463).
| 21 | | (c) A "policy game" is any scheme or procedure whereby a | 22 | | person promises
or guarantees by any instrument, bill, | 23 | | certificate, writing, token, or other
device that any | 24 | | particular number, character, ticket, or certificate shall
in | 25 | | the event of any contingency in the nature of a lottery entitle | 26 | | the
purchaser or holder to receive money, property, or |
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| 1 | | evidence of debt.
| 2 | | (d) It is the intent of Section 28-2(a)(iii) to prohibit | 3 | | any mechanism that seeks to avoid being considered a gambling | 4 | | device through the use of any subterfuge or pretense | 5 | | whatsoever. | 6 | | (Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20; | 7 | | 102-558, eff. 8-20-21.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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