093_HB0315

 
                                     LRB093 03823 RLC 03858 b

 1        AN ACT in relation to gambling.

 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 the such contract
23        intended by both parties thereto that the contract to buy
24        or sell,  or  the  option,  whenever  exercised,  or  the
25        contract  resulting  therefrom,  shall be settled, not by
26        the receipt or delivery of  such  property,  but  by  the
27        payment  only  of differences in prices thereof; however,
28        the issuance, purchase, sale, exercise,  endorsement,  or
29        guarantee,  by  or  through  a person registered with the
30        Secretary of State pursuant to Section 8 of the  Illinois
31        Securities  Law of 1953, or by or through a person exempt
 
                            -2-      LRB093 03823 RLC 03858 b
 1        from such registration under said Section 8,  of  a  put,
 2        call,  or  other  option  to buy or sell securities which
 3        have been registered with the Secretary of State or which
 4        are 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 or she has received  in  the
11        course 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,
 
                            -3-      LRB093 03823 RLC 03858 b
 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;
 
                            -4-      LRB093 03823 RLC 03858 b
 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  paragraph  (7)
 7        subparagraph (b)(7),  an  antique  slot  machine  is  one
 8        manufactured 25 years 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.)