95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2099

 

Introduced 2/14/2008, by Sen. John J. Cullerton

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 1605/14.5 new
720 ILCS 5/28-1   from Ch. 38, par. 28-1

    Amends the Illinois Lottery Law. Provides that, if tickets or shares are sold by any electronic means, then the Department of Revenue shall adopt rules necessary to implement (i) age and location verification requirements that are reasonably designed to block access to minors and persons located out of the State and (ii) data-security standards. Amends the Criminal Code of 1961. Specifies that the definition of "gambling" does not include the sale of State Lottery tickets or shares by any electronic means.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2099 LRB095 19297 AMC 45589 b

1     AN ACT concerning the State Lottery.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Lottery Law is amended by adding
5 Section 14.5 as follows:
 
6     (20 ILCS 1605/14.5 new)
7     Sec. 14.5. Age and location verification requirements for
8 electronic sales. If tickets or shares are sold by any
9 electronic means, then the Department shall adopt rules
10 necessary to implement:
11         (1) age and location verification requirements that
12     are reasonably designed to block access to minors and
13     persons located out of the State; and
14         (2) appropriate data-security standards to prevent the
15     unauthorized access by any person whose age and current
16     location has not been verified.
 
17     Section 10. The Criminal Code of 1961 is amended by
18 changing Section 28-1 as follows:
 
19     (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
20     Sec. 28-1. Gambling.
21     (a) A person commits gambling when he:

 

 

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1         (1) Plays a game of chance or skill for money or other
2     thing of value, unless excepted in subsection (b) of this
3     Section; or
4         (2) Makes a wager upon the result of any game, contest,
5     or any political nomination, appointment or election; or
6         (3) Operates, keeps, owns, uses, purchases, exhibits,
7     rents, sells, bargains for the sale or lease of,
8     manufactures or distributes any gambling device; or
9         (4) Contracts to have or give himself or another the
10     option to buy or sell, or contracts to buy or sell, at a
11     future time, any grain or other commodity whatsoever, or
12     any stock or security of any company, where it is at the
13     time of making such contract intended by both parties
14     thereto that the contract to buy or sell, or the option,
15     whenever exercised, or the contract resulting therefrom,
16     shall be settled, not by the receipt or delivery of such
17     property, but by the payment only of differences in prices
18     thereof; however, the issuance, purchase, sale, exercise,
19     endorsement or guarantee, by or through a person registered
20     with the Secretary of State pursuant to Section 8 of the
21     Illinois Securities Law of 1953, or by or through a person
22     exempt from such registration under said Section 8, of a
23     put, call, or other option to buy or sell securities which
24     have been registered with the Secretary of State or which
25     are exempt from such registration under Section 3 of the
26     Illinois Securities Law of 1953 is not gambling within the

 

 

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1     meaning of this paragraph (4); or
2         (5) Knowingly owns or possesses any book, instrument or
3     apparatus by means of which bets or wagers have been, or
4     are, recorded or registered, or knowingly possesses any
5     money which he has received in the course of a bet or
6     wager; or
7         (6) Sells pools upon the result of any game or contest
8     of skill or chance, political nomination, appointment or
9     election; or
10         (7) Sets up or promotes any lottery or sells, offers to
11     sell or transfers any ticket or share for any lottery; or
12         (8) Sets up or promotes any policy game or sells,
13     offers to sell or knowingly possesses or transfers any
14     policy ticket, slip, record, document or other similar
15     device; or
16         (9) Knowingly drafts, prints or publishes any lottery
17     ticket or share, or any policy ticket, slip, record,
18     document or similar device, except for such activity
19     related to lotteries, bingo games and raffles authorized by
20     and conducted in accordance with the laws of Illinois or
21     any other state or foreign government; or
22         (10) Knowingly advertises any lottery or policy game,
23     except for such activity related to lotteries, bingo games
24     and raffles authorized by and conducted in accordance with
25     the laws of Illinois or any other state; or
26         (11) Knowingly transmits information as to wagers,

 

 

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1     betting odds, or changes in betting odds by telephone,
2     telegraph, radio, semaphore or similar means; or knowingly
3     installs or maintains equipment for the transmission or
4     receipt of such information; except that nothing in this
5     subdivision (11) prohibits transmission or receipt of such
6     information for use in news reporting of sporting events or
7     contests; or
8         (12) Knowingly establishes, maintains, or operates an
9     Internet site that permits a person to play a game of
10     chance or skill for money or other thing of value by means
11     of the Internet or to make a wager upon the result of any
12     game, contest, political nomination, appointment, or
13     election by means of the Internet.
14     (b) Participants in any of the following activities shall
15 not be convicted of gambling therefor:
16         (1) Agreements to compensate for loss caused by the
17     happening of chance including without limitation contracts
18     of indemnity or guaranty and life or health or accident
19     insurance;
20         (2) Offers of prizes, award or compensation to the
21     actual contestants in any bona fide contest for the
22     determination of skill, speed, strength or endurance or to
23     the owners of animals or vehicles entered in such 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;
6         (5) The game commonly known as "bingo", when conducted
7     in accordance with the Bingo License and Tax Act;
8         (6) Lotteries when conducted by the State of Illinois
9     in accordance with the Illinois Lottery Law, including the
10     sale of tickets or shares by any electronic means;
11         (7) Possession of an antique slot machine that is
12     neither used nor intended to be used in the operation or
13     promotion of any unlawful gambling activity or enterprise.
14     For the purpose of this subparagraph (b)(7), an antique
15     slot machine is one manufactured 25 years ago or earlier;
16         (8) Raffles when conducted in accordance with the
17     Raffles Act;
18         (9) Charitable games when conducted in accordance with
19     the Charitable Games Act;
20         (10) Pull tabs and jar games when conducted under the
21     Illinois Pull Tabs and Jar Games Act; or
22         (11) Gambling games conducted on riverboats when
23     authorized by the Riverboat Gambling Act.
24     (c) Sentence.
25     Gambling under subsection (a)(1) or (a)(2) of this Section
26 is a Class A misdemeanor. Gambling under any of subsections

 

 

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1 (a)(3) through (a)(11) of this Section is a Class A
2 misdemeanor. A second or subsequent conviction under any of
3 subsections (a)(3) through (a)(11), is a Class 4 felony.
4 Gambling under subsection (a)(12) of this Section is a Class A
5 misdemeanor. A second or subsequent conviction under
6 subsection (a)(12) is a Class 4 felony.
7     (d) Circumstantial evidence.
8     In prosecutions under subsection (a)(1) through (a)(12) of
9 this Section circumstantial evidence shall have the same
10 validity and weight as in any criminal prosecution.
11 (Source: P.A. 91-257, eff. 1-1-00.)