State of Illinois
92nd General Assembly

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[ Senate Amendment 001 ]


SB251 Engrossed                                LRB9207216ARsb

 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
 5    changing 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
10        other  thing  of value, unless excepted in subsection (b)
11        of this Section; or
12             (2)  Makes a wager upon  the  result  of  any  game,
13        contest,  or  any  political  nomination,  appointment or
14        election; or
15             (3)  Operates,   keeps,   owns,   uses,   purchases,
16        exhibits, rents, sells, bargains for the  sale  or  lease
17        of, manufactures or distributes any gambling device; or
18             (4)  Contracts  to  have  or give himself or another
19        the option to buy or sell, or contracts to buy  or  sell,
20        at   a   future   time,  any  grain  or  other  commodity
21        whatsoever, or any stock  or  security  of  any  company,
22        where  it is at the time of making such contract intended
23        by both parties thereto that the contract to buy or sell,
24        or  the  option,  whenever  exercised,  or  the  contract
25        resulting therefrom, shall be settled, not by the receipt
26        or delivery of such property, but by the payment only  of
27        differences  in  prices  thereof;  however, the issuance,
28        purchase, sale, exercise, endorsement or guarantee, by or
29        through a person registered with the Secretary  of  State
30        pursuant  to  Section 8 of the Illinois Securities Law of
31        1953,  or  by  or  through  a  person  exempt  from  such
SB251 Engrossed             -2-                LRB9207216ARsb
 1        registration under said Section 8, of  a  put,  call,  or
 2        other  option  to  buy or sell securities which have been
 3        registered with the  Secretary  of  State  or  which  are
 4        exempt  from  such  registration  under  Section 3 of the
 5        Illinois Securities Law of 1953 is  not  gambling  within
 6        the meaning of this paragraph (4); or
 7             (5)  Knowingly   owns   or   possesses   any   book,
 8        instrument  or apparatus by means of which bets or wagers
 9        have been, or are, recorded or registered,  or  knowingly
10        possesses  any  money which he has received in the course
11        of a bet or wager; or
12             (6)  Sells pools upon the  result  of  any  game  or
13        contest   of   skill  or  chance,  political  nomination,
14        appointment or election; or
15             (7)  Sets up  or  promotes  any  lottery  or  sells,
16        offers  to  sell or transfers any ticket or share for any
17        lottery; or
18             (8)  Sets up or promotes any policy game  or  sells,
19        offers  to  sell  or knowingly possesses or transfers any
20        policy ticket, slip, record, document  or  other  similar
21        device; or
22             (9)  Knowingly   drafts,  prints  or  publishes  any
23        lottery ticket or share,  or  any  policy  ticket,  slip,
24        record,  document  or  similar  device,  except  for such
25        activity related to lotteries, bingo  games  and  raffles
26        authorized  by  and conducted in accordance with the laws
27        of Illinois or any other state or foreign government; or
28             (10)  Knowingly advertises  any  lottery  or  policy
29        game,  except  for  such  activity  related to lotteries,
30        bingo games and raffles authorized by  and  conducted  in
31        accordance  with the laws of Illinois or any other state;
32        or
33             (11)  Knowingly transmits information as to  wagers,
34        betting  odds,  or  changes in betting odds by telephone,
SB251 Engrossed             -3-                LRB9207216ARsb
 1        telegraph,  radio,  semaphore  or   similar   means;   or
 2        knowingly   installs   or  maintains  equipment  for  the
 3        transmission or receipt of such information; except  that
 4        nothing  in  this subdivision (11) prohibits transmission
 5        or receipt of such information for use in news  reporting
 6        of sporting events or contests; or
 7             (12)  Knowingly  establishes, maintains, or operates
 8        an Internet site that permits a person to play a game  of
 9        chance  or  skill  for  money  or other thing of value by
10        means of the Internet or to make a wager upon the  result
11        of  any game, contest, political nomination, appointment,
12        or election by means of the Internet.
13        (b)  Participants in  any  of  the  following  activities
14    shall not be convicted of gambling therefor:
15             (1)  Agreements to compensate for loss caused by the
16        happening   of   chance   including   without  limitation
17        contracts of indemnity or guaranty and life or health  or
18        accident insurance;
19             (2)  Offers  of prizes, award or compensation to the
20        actual contestants in  any  bona  fide  contest  for  the
21        determination  of  skill, speed, strength or endurance or
22        to the owners of animals  or  vehicles  entered  in  such
23        contest;
24             (3)  Pari-mutuel betting as authorized by the law of
25        this State;
26             (4)  Manufacture  of gambling devices, including the
27        acquisition of essential parts therefor and the  assembly
28        thereof,  for  transportation  in  interstate  or foreign
29        commerce to  any  place  outside  this  State  when  such
30        transportation   is  not  prohibited  by  any  applicable
31        Federal law;
32             (5)  The  game  commonly  known  as  "bingo",   when
33        conducted  in  accordance  with the Bingo License and Tax
34        Act;
SB251 Engrossed             -4-                LRB9207216ARsb
 1             (6)  Lotteries  when  conducted  by  the  State   of
 2        Illinois in accordance with the Illinois Lottery Law;
 3             (7)  Possession  of  an antique slot machine that is
 4        neither used nor intended to be used in the operation  or
 5        promotion   of   any   unlawful   gambling   activity  or
 6        enterprise.  For the purpose of this subparagraph (b)(7),
 7        an antique slot machine is one manufactured 12  25  years
 8        ago or earlier;
 9             (8)  Raffles  when  conducted in accordance with the
10        Raffles Act;
11             (9)  Charitable games when conducted  in  accordance
12        with the Charitable Games Act;
13             (10)  Pull  tabs  and jar games when conducted under
14        the Illinois Pull Tabs and Jar Games Act; or
15             (11)  Gambling games conducted  on  riverboats  when
16        authorized by the Riverboat Gambling Act.
17        (c)  Sentence.
18        Gambling  under  subsection  (a)(1)  or  (a)(2)  of  this
19    Section  is  a  Class  A  misdemeanor.  Gambling under any of
20    subsections (a)(3) through (a)(11) of this Section is a Class
21    A misdemeanor.  A second or subsequent conviction  under  any
22    of  subsections  (a)(3) through (a)(11), is a Class 4 felony.
23    Gambling under subsection (a)(12) of this Section is a  Class
24    A  misdemeanor.   A  second  or  subsequent  conviction under
25    subsection (a)(12) is a Class 4 felony.
26        (d)  Circumstantial evidence.
27        In prosecutions under subsection (a)(1)  through  (a)(12)
28    of  this  Section circumstantial evidence shall have the same
29    validity and weight as in any criminal prosecution.
30    (Source: P.A. 91-257, eff. 1-1-00.)

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