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Rep. Lou Lang
Filed: 3/28/2012
| | 09700HB4320ham001 | | LRB097 15314 MRW 68224 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4320
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| 2 | | AMENDMENT NO. ______. Amend House Bill 4320 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Criminal Code of 1961 is amended by |
| 5 | | changing Section 28-2 as follows:
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| 6 | | (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
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| 7 | | Sec. 28-2. Definitions.
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| 8 | | (a) A "gambling device" is any clock, tape machine, slot |
| 9 | | machine or
other machines or device for the reception of money |
| 10 | | or other thing of value
on chance or skill or upon the action |
| 11 | | of which money or other thing of
value is staked, hazarded, |
| 12 | | bet, won or lost; or any mechanism, furniture,
fixture, |
| 13 | | equipment or other device designed primarily for use in a |
| 14 | | gambling
place. A "gambling device" does not include:
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| 15 | | (1) A coin-in-the-slot operated mechanical device |
| 16 | | played for amusement
which rewards the player with the |
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| 1 | | right to replay such mechanical device,
which device is so |
| 2 | | constructed or devised as to make such result of the
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| 3 | | operation thereof depend in part upon the skill of the |
| 4 | | player and which
returns to the player thereof no money, |
| 5 | | property or right to receive money
or property.
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| 6 | | (2) Vending machines by which full and adequate return |
| 7 | | is made for the
money invested and in which there is no |
| 8 | | element of chance or hazard.
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| 9 | | (3) A crane game. For the purposes of this paragraph |
| 10 | | (3), a "crane
game" is an amusement device involving skill, |
| 11 | | if it rewards the player
exclusively with merchandise |
| 12 | | contained within the amusement device proper
and limited to |
| 13 | | toys, novelties and prizes other than currency, each having
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| 14 | | a wholesale value which is not more than $25.
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| 15 | | (4) A redemption machine. For the purposes of this |
| 16 | | paragraph (4), a
"redemption machine" is a single-player or |
| 17 | | multi-player amusement device
involving a game, the object |
| 18 | | of which is throwing, rolling, bowling,
shooting, placing, |
| 19 | | or propelling a ball or other object that is either |
| 20 | | physical or computer generated on a display or with lights |
| 21 | | into, upon, or
against a hole or other target that is |
| 22 | | either physical or computer generated on a display or with |
| 23 | | lights, or stopping, by physical, mechanical, or |
| 24 | | electronic means, a moving object that is either physical |
| 25 | | or computer generated on a display or with lights into, |
| 26 | | upon, or
against a hole or other target that is either |
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| 1 | | physical or computer generated on a display or with lights, |
| 2 | | provided that all of the following
conditions are met:
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| 3 | | (A) The outcome of the game is predominantly |
| 4 | | determined by the
skill of the player.
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| 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.
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| 8 | | (C) Only merchandise prizes are awarded.
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| 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.
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| 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
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| 15 | | value, for a single play of the device does not exceed |
| 16 | | $25 the amount charged for a single play of the device.
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| 17 | | (a-5) "Internet" means an interactive computer service or |
| 18 | | system or an
information service, system, or access software |
| 19 | | provider that provides or
enables computer access by multiple |
| 20 | | users to a computer server, and includes,
but is not limited |
| 21 | | to, an information service, system, or access software
provider |
| 22 | | that provides access to a network system commonly known as the
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| 23 | | Internet, or any comparable system or service and also |
| 24 | | includes, but is not
limited to, a World Wide Web page, |
| 25 | | newsgroup, message board, mailing list, or
chat area on any |
| 26 | | interactive computer service or system or other online
service.
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| 1 | | (a-6) "Access" and "computer" have the meanings ascribed to |
| 2 | | them in
Section
16D-2 of this Code.
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| 3 | | (b) A "lottery" is any scheme or procedure whereby one or |
| 4 | | more prizes
are distributed by chance among persons who have |
| 5 | | paid or promised
consideration for a chance to win such prizes, |
| 6 | | whether such scheme or
procedure is called a lottery, raffle, |
| 7 | | gift, sale or some other name.
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| 8 | | (c) A "policy game" is any scheme or procedure whereby a |
| 9 | | person promises
or guarantees by any instrument, bill, |
| 10 | | certificate, writing, token or other
device that any particular |
| 11 | | number, character, ticket or certificate shall
in the event of |
| 12 | | any contingency in the nature of a lottery entitle the
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| 13 | | purchaser or holder to receive money, property or evidence of |
| 14 | | debt.
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| 15 | | (Source: P.A. 95-676, eff. 6-1-08.)".
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