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| [ Senate Amendment 001 ] |
92_SB0251ham001
LRB9207216RCpkam
1 AMENDMENT TO SENATE BILL 251
2 AMENDMENT NO. . Amend Senate Bill 251 as follows:
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Criminal Code of 1961 is amended by
6 changing Section 28-1 as follows:
7 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
8 Sec. 28-1. Gambling.
9 (a) A person commits gambling when he or she:
10 (1) Plays a game of chance or skill for money or
11 other thing of value, unless excepted in subsection (b)
12 of this Section; or
13 (2) Makes a wager upon the result of any game,
14 contest, or any political nomination, appointment or
15 election; or
16 (3) Operates, keeps, owns, uses, purchases,
17 exhibits, rents, sells, bargains for the sale or lease
18 of, manufactures or distributes any gambling device; or
19 (4) Contracts to have or give himself or another
20 the option to buy or sell, or contracts to buy or sell,
21 at a future time, any grain or other commodity
22 whatsoever, or any stock or security of any company,
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1 where it is at the time of making such contract intended
2 by both parties thereto that the contract to buy or sell,
3 or the option, whenever exercised, or the contract
4 resulting therefrom, shall be settled, not by the receipt
5 or delivery of such property, but by the payment only of
6 differences in prices thereof; however, the issuance,
7 purchase, sale, exercise, endorsement or guarantee, by or
8 through a person registered with the Secretary of State
9 pursuant to Section 8 of the Illinois Securities Law of
10 1953, or by or through a person exempt from such
11 registration under said Section 8, of a put, call, or
12 other option to buy or sell securities which have been
13 registered with the Secretary of State or which are
14 exempt from such registration under Section 3 of the
15 Illinois Securities Law of 1953 is not gambling within
16 the meaning of this paragraph (4); or
17 (5) Knowingly owns or possesses any book,
18 instrument or apparatus by means of which bets or wagers
19 have been, or are, recorded or registered, or knowingly
20 possesses any money which he has received in the course
21 of a bet or wager; or
22 (6) Sells pools upon the result of any game or
23 contest of skill or chance, political nomination,
24 appointment or election; or
25 (7) Sets up or promotes any lottery or sells,
26 offers to sell or transfers any ticket or share for any
27 lottery; or
28 (8) Sets up or promotes any policy game or sells,
29 offers to sell or knowingly possesses or transfers any
30 policy ticket, slip, record, document or other similar
31 device; or
32 (9) Knowingly drafts, prints or publishes any
33 lottery ticket or share, or any policy ticket, slip,
34 record, document or similar device, except for such
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1 activity related to lotteries, bingo games and raffles
2 authorized by and conducted in accordance with the laws
3 of Illinois or any other state or foreign government; or
4 (10) Knowingly advertises any lottery or policy
5 game, except for such activity related to lotteries,
6 bingo games and raffles authorized by and conducted in
7 accordance with the laws of Illinois or any other state;
8 or
9 (11) Knowingly transmits information as to wagers,
10 betting odds, or changes in betting odds by telephone,
11 telegraph, radio, semaphore or similar means; or
12 knowingly installs or maintains equipment for the
13 transmission or receipt of such information; except that
14 nothing in this subdivision (11) prohibits transmission
15 or receipt of such information for use in news reporting
16 of sporting events or contests; or
17 (12) Knowingly establishes, maintains, or operates
18 an Internet site that permits a person to play a game of
19 chance or skill for money or other thing of value by
20 means of the Internet or to make a wager upon the result
21 of any game, contest, political nomination, appointment,
22 or election by means of the Internet.
23 (b) Participants in any of the following activities
24 shall not be convicted of gambling therefor:
25 (1) Agreements to compensate for loss caused by the
26 happening of chance including without limitation
27 contracts of indemnity or guaranty and life or health or
28 accident insurance;
29 (2) Offers of prizes, award or compensation to the
30 actual contestants in any bona fide contest for the
31 determination of skill, speed, strength or endurance or
32 to the owners of animals or vehicles entered in such
33 contest;
34 (3) Pari-mutuel betting as authorized by the law of
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1 this State;
2 (4) Manufacture of gambling devices, including the
3 acquisition of essential parts therefor and the assembly
4 thereof, for transportation in interstate or foreign
5 commerce to any place outside this State when such
6 transportation is not prohibited by any applicable
7 Federal law;
8 (5) The game commonly known as "bingo", when
9 conducted in accordance with the Bingo License and Tax
10 Act;
11 (6) Lotteries when conducted by the State of
12 Illinois in accordance with the Illinois Lottery Law;
13 (7) Possession of an antique slot machine that is
14 neither used nor intended to be used in the operation or
15 promotion of any unlawful gambling activity or
16 enterprise. For the purpose of this subparagraph (b)(7),
17 an antique slot machine is one manufactured 25 years ago
18 or earlier;
19 (8) Raffles when conducted in accordance with the
20 Raffles Act;
21 (9) Charitable games when conducted in accordance
22 with the Charitable Games Act;
23 (10) Pull tabs and jar games when conducted under
24 the Illinois Pull Tabs and Jar Games Act; or
25 (11) Gambling games conducted on riverboats when
26 authorized by the Riverboat Gambling Act.
27 (c) Sentence.
28 Gambling under subsection (a)(1) or (a)(2) of this
29 Section is a Class A misdemeanor. Gambling under any of
30 subsections (a)(3) through (a)(11) of this Section is a Class
31 A misdemeanor. A second or subsequent conviction under any
32 of subsections (a)(3) through (a)(11), is a Class 4 felony.
33 Gambling under subsection (a)(12) of this Section is a Class
34 A misdemeanor. A second or subsequent conviction under
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1 subsection (a)(12) is a Class 4 felony.
2 (d) Circumstantial evidence.
3 In prosecutions under subsection (a)(1) through (a)(12)
4 of this Section circumstantial evidence shall have the same
5 validity and weight as in any criminal prosecution.
6 (Source: P.A. 91-257, eff. 1-1-00.)".