Full Text of HB2686 100th General Assembly
HB2686 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2686 Introduced , by Rep. Scott Drury SYNOPSIS AS INTRODUCED: |
| 720 ILCS 5/28-1 | from Ch. 38, par. 28-1 | 720 ILCS 5/28-2 | from Ch. 38, par. 28-2 |
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Amends the Criminal Code of 2012. Provides that a person also commits gambling when he or she knowingly establishes, maintains, operates, or offers an Internet site, smartphone application, or other similar electronic or digital media or communication technology that
permits a person to play a game of
chance or skill for money or other thing of value by means of the Internet, smartphone application, or other similar electronic or digital media or communication technology or
to make a wager upon the
result of any game, contest, political nomination, appointment, or
election by means of the Internet, smartphone application, or other similar electronic or digital media or communication technology, or knowingly establishes, maintains, or operates a fantasy sports contest that permits a person to play the contest for money or other thing of value. This provision does not apply to season-long fantasy sports contests. Provides that a violation is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. Defines "fantasy sports contest", "season-long fantasy sports contest", and "smartphone".
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 2012 is amended by changing | 5 | | Sections 28-1 and 28-2 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 or she:
| 9 | | (1) knowingly plays a game of chance or skill for money | 10 | | or other thing of
value, unless excepted in subsection (b) | 11 | | of this Section;
| 12 | | (2) knowingly makes a wager upon the result of any | 13 | | game, contest, or any
political nomination, appointment or | 14 | | election;
| 15 | | (3) knowingly operates, keeps, owns, uses, purchases, | 16 | | exhibits, rents, sells,
bargains for the sale or lease of, | 17 | | manufactures or distributes any
gambling device;
| 18 | | (4) contracts to have or give himself or herself or | 19 | | another the option to buy
or sell, or contracts to buy or | 20 | | sell, at a future time, any grain or
other commodity | 21 | | whatsoever, or any stock or security of any company,
where | 22 | | it is at the time of making such contract intended by both | 23 | | parties
thereto that the contract to buy or sell, or the |
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| 1 | | option, whenever
exercised, or the contract resulting | 2 | | therefrom, shall be settled, not by
the receipt or delivery | 3 | | of such property, but by the payment only of
differences in | 4 | | prices thereof; however, the issuance, purchase, sale,
| 5 | | exercise, endorsement or guarantee, by or through a person | 6 | | registered
with the Secretary of State pursuant to Section | 7 | | 8 of the Illinois
Securities Law of 1953, or by or through | 8 | | a person exempt from such
registration under said Section | 9 | | 8, of a put, call, or other option to
buy or sell | 10 | | securities which have been registered with the Secretary of
| 11 | | State or which are exempt from such registration under | 12 | | Section 3 of the
Illinois Securities Law of 1953 is not | 13 | | gambling within the meaning of
this paragraph (4);
| 14 | | (5) knowingly owns or possesses any book, instrument or | 15 | | apparatus by
means of which bets or wagers have been, or | 16 | | are, recorded or registered,
or knowingly possesses any | 17 | | money which he has received in the course of
a bet or | 18 | | wager;
| 19 | | (6) knowingly sells pools upon the result of any game | 20 | | or contest of skill or
chance, political nomination, | 21 | | appointment or election;
| 22 | | (7) knowingly sets up or promotes any lottery or sells, | 23 | | offers to sell or
transfers any ticket or share for any | 24 | | lottery;
| 25 | | (8) knowingly sets up or promotes any policy game or | 26 | | sells, offers to sell or
knowingly possesses or transfers |
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| 1 | | any policy ticket, slip, record,
document or other similar | 2 | | device;
| 3 | | (9) knowingly drafts, prints or publishes any lottery | 4 | | ticket or share,
or any policy ticket, slip, record, | 5 | | document or similar device, except for
such activity | 6 | | related to lotteries, bingo games and raffles authorized by
| 7 | | and conducted in accordance with the laws of Illinois or | 8 | | any other state or
foreign government;
| 9 | | (10) knowingly advertises any lottery or policy game, | 10 | | except for such
activity related to lotteries, bingo games | 11 | | and raffles authorized by and
conducted in accordance with | 12 | | the laws of Illinois or any other state;
| 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 knowingly | 16 | | installs or maintains equipment for the
transmission or | 17 | | receipt of such information; except that nothing in this
| 18 | | subdivision (11) prohibits transmission or receipt of such | 19 | | information
for use in news reporting of sporting events or | 20 | | contests; or
| 21 | | (12) knowingly establishes, maintains, or operates , or | 22 | | offers an Internet site , smartphone application, or other | 23 | | similar electronic or digital media or communication | 24 | | technology that
permits a person to play a game of
chance | 25 | | or skill for money or other thing of value by means of the | 26 | | Internet , smartphone application, or other similar |
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| 1 | | electronic or digital media or communication technology or
| 2 | | to make a wager upon the
result of any game, contest, | 3 | | political nomination, appointment, or
election by means of | 4 | | the Internet , smartphone application, or other similar | 5 | | electronic or digital media or communication technology, | 6 | | or knowingly establishes, maintains, or operates a fantasy | 7 | | sports contest that permits a person to play the contest | 8 | | for money or other thing of value . This item (12) does not | 9 | | apply to activities referenced in items (6) and (6.1) of | 10 | | subsection (b) of this Section , or to season-long fantasy | 11 | | sports contests .
| 12 | | (b) Participants in any of the following activities shall | 13 | | not be
convicted of gambling:
| 14 | | (1) Agreements to compensate for loss caused by the | 15 | | happening of
chance including without limitation contracts | 16 | | of indemnity or guaranty
and life or health or accident | 17 | | insurance.
| 18 | | (2) Offers of prizes, award or compensation to the | 19 | | actual
contestants in any bona fide contest for the | 20 | | determination of skill,
speed, strength or endurance or to | 21 | | the owners of animals or vehicles
entered in such contest. | 22 | | For the purposes of this paragraph (2), "bona fide contest" | 23 | | does not include a fantasy sports contest.
| 24 | | (3) Pari-mutuel betting as authorized by the law of | 25 | | this State.
| 26 | | (4) Manufacture of gambling devices, including the |
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| 1 | | acquisition of
essential parts therefor and the assembly | 2 | | thereof, for transportation in
interstate or foreign | 3 | | commerce to any place outside this State when such
| 4 | | transportation is not prohibited by any applicable Federal | 5 | | law; or the
manufacture, distribution, or possession of | 6 | | video gaming terminals, as
defined in the Video Gaming Act, | 7 | | by manufacturers, distributors, and
terminal operators | 8 | | licensed to do so under the Video Gaming Act.
| 9 | | (5) The game commonly known as "bingo", when conducted | 10 | | in accordance
with the Bingo License and Tax Act.
| 11 | | (6) Lotteries when conducted by the State of Illinois | 12 | | in accordance
with the Illinois Lottery Law. This exemption | 13 | | includes any activity conducted by the Department of | 14 | | Revenue to sell lottery tickets pursuant to the provisions | 15 | | of the Illinois Lottery Law and its rules.
| 16 | | (6.1) The purchase of lottery tickets through the | 17 | | Internet for a lottery conducted by the State of Illinois | 18 | | under the program established in Section 7.12 of the | 19 | | Illinois Lottery Law.
| 20 | | (7) Possession of an antique slot machine that is | 21 | | neither used nor
intended to be used in the operation or | 22 | | promotion of any unlawful
gambling activity or enterprise. | 23 | | For the purpose of this subparagraph
(b)(7), an antique | 24 | | slot machine is one manufactured 25 years ago or earlier.
| 25 | | (8) Raffles and poker runs when conducted in accordance | 26 | | with the Raffles and Poker Runs Act.
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| 1 | | (9) Charitable games when conducted in accordance with | 2 | | the Charitable
Games Act.
| 3 | | (10) Pull tabs and jar games when conducted under the | 4 | | Illinois Pull
Tabs and Jar Games Act.
| 5 | | (11) Gambling games conducted on riverboats when
| 6 | | authorized by the Riverboat Gambling Act.
| 7 | | (12) Video gaming terminal games at a licensed | 8 | | establishment, licensed truck stop establishment,
licensed
| 9 | | fraternal establishment, or licensed veterans | 10 | | establishment when
conducted in accordance with the Video | 11 | | Gaming Act. | 12 | | (13) Games of skill or chance where money or other | 13 | | things of value can be won but no payment or purchase is | 14 | | required to participate. | 15 | | (14) Savings promotion raffles authorized under | 16 | | Section 5g of the Illinois Banking Act, Section 7008 of the | 17 | | Savings Bank Act, Section 42.7 of the Illinois Credit Union | 18 | | Act, Section 5136B of the National Bank Act (12 U.S.C. | 19 | | 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C. | 20 | | 1463). | 21 | | (c) Sentence.
| 22 | | Gambling is a
Class A misdemeanor. A second or
subsequent | 23 | | conviction under subsections (a)(3) through (a)(12),
is a Class | 24 | | 4 felony.
| 25 | | (d) Circumstantial evidence.
| 26 | | In prosecutions under
this
Section circumstantial evidence |
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| 1 | | shall have the same validity and weight as
in any criminal | 2 | | prosecution.
| 3 | | (Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16 .)
| 4 | | (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
| 5 | | Sec. 28-2. Definitions.
| 6 | | (a) A "gambling device" is any clock, tape machine, slot | 7 | | machine or
other machines or device for the reception of money | 8 | | or other thing of value
on chance or skill or upon the action | 9 | | of which money or other thing of
value is staked, hazarded, | 10 | | bet, won or lost; or any mechanism, furniture,
fixture, | 11 | | equipment or other device designed primarily for use in a | 12 | | gambling
place. A "gambling device" does not include:
| 13 | | (1) A coin-in-the-slot operated mechanical device | 14 | | played for amusement
which rewards the player with the | 15 | | right to replay such mechanical device,
which device is so | 16 | | constructed or devised as to make such result of the
| 17 | | operation thereof depend in part upon the skill of the | 18 | | player and which
returns to the player thereof no money, | 19 | | property or right to receive money
or property.
| 20 | | (2) Vending machines by which full and adequate return | 21 | | is made for the
money invested and in which there is no | 22 | | element of chance or hazard.
| 23 | | (3) A crane game. For the purposes of this paragraph | 24 | | (3), a "crane
game" is an amusement device involving skill, | 25 | | if it rewards the player
exclusively with merchandise |
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| 1 | | contained within the amusement device proper
and limited to | 2 | | toys, novelties and prizes other than currency, each having
| 3 | | a wholesale value which is not more than $25.
| 4 | | (4) A redemption machine. For the purposes of this | 5 | | paragraph (4), a
"redemption machine" is a single-player or | 6 | | multi-player amusement device
involving a game, the object | 7 | | of which is throwing, rolling, bowling,
shooting, placing, | 8 | | or propelling a ball or other object that is either | 9 | | physical or computer generated on a display or with lights | 10 | | into, upon, or
against a hole or other target that is | 11 | | either physical or computer generated on a display or with | 12 | | lights, or stopping, by physical, mechanical, or | 13 | | electronic means, a moving object that is either physical | 14 | | or computer generated on a display or with lights into, | 15 | | upon, or
against a hole or other target that is either | 16 | | physical or computer generated on a display or with lights, | 17 | | provided that all of the following
conditions are met:
| 18 | | (A) The outcome of the game is predominantly | 19 | | determined by the
skill of the player.
| 20 | | (B) The award of the prize is based solely upon the | 21 | | player's
achieving the object of the game or otherwise | 22 | | upon the player's score.
| 23 | | (C) Only merchandise prizes are awarded.
| 24 | | (D) The wholesale value of prizes awarded in lieu | 25 | | of tickets
or tokens for single play of the device does | 26 | | not exceed $25.
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| 1 | | (E) The redemption value of tickets, tokens, and | 2 | | other representations
of value, which may be | 3 | | accumulated by players to redeem prizes of greater
| 4 | | value, for a single play of the device does not exceed | 5 | | $25.
| 6 | | (5) Video gaming terminals at a licensed | 7 | | establishment, licensed truck stop establishment,
licensed
| 8 | | fraternal establishment, or licensed veterans | 9 | | establishment licensed in accordance with the Video Gaming | 10 | | Act. | 11 | | (a-3) "Fantasy sports contest" means any game of chance or | 12 | | skill in which outcomes are determined predominantly by | 13 | | accumulated statistical results of the performance of | 14 | | individual athletes in real-world athletic competitions. | 15 | | (a-5) "Internet" means an interactive computer service or | 16 | | system or an
information service, system, or access software | 17 | | provider that provides or
enables computer access by multiple | 18 | | users to a computer server, and includes,
but is not limited | 19 | | to, an information service, system, or access software
provider | 20 | | that provides access to a network system commonly known as the
| 21 | | Internet, or any comparable system or service and also | 22 | | includes, but is not
limited to, a World Wide Web page, | 23 | | newsgroup, message board, mailing list, or
chat area on any | 24 | | interactive computer service or system or other online
service.
| 25 | | (a-6) "Access" and "computer" have the meanings ascribed to | 26 | | them in
Section
16D-2 of this Code.
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| 1 | | (b) A "lottery" is any scheme or procedure whereby one or | 2 | | more prizes
are distributed by chance among persons who have | 3 | | paid or promised
consideration for a chance to win such prizes, | 4 | | whether such scheme or
procedure is called a lottery, raffle, | 5 | | gift, sale or some other name, excluding savings promotion | 6 | | raffles authorized under Section 5g of the Illinois Banking | 7 | | Act, Section 7008 of the Savings Bank Act, Section 42.7 of the | 8 | | Illinois Credit Union Act, Section 5136B of the National Bank | 9 | | Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act | 10 | | (12 U.S.C. 1463).
| 11 | | (c) A "policy game" is any scheme or procedure whereby a | 12 | | person promises
or guarantees by any instrument, bill, | 13 | | certificate, writing, token or other
device that any particular | 14 | | number, character, ticket or certificate shall
in the event of | 15 | | any contingency in the nature of a lottery entitle the
| 16 | | purchaser or holder to receive money, property or evidence of | 17 | | debt. | 18 | | (d) "Season-long fantasy sports contest" means a fantasy | 19 | | sports contest offered by a fantasy sports contest operator | 20 | | that is conducted over an entire sports season in which the | 21 | | entry fee is paid before the start of the season and any money | 22 | | or other thing of value is paid after the conclusion of the | 23 | | season. | 24 | | (e) "Smartphone" means a cellular telephone with an | 25 | | integrated computer and other features including an operating | 26 | | system, Internet browser, and the ability to run software |
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| 1 | | applications.
| 2 | | (Source: P.A. 98-31, eff. 6-24-13; 99-149, eff. 1-1-16 .)
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