HB0394ham001 103RD GENERAL ASSEMBLY

Rep. Daniel Didech

Filed: 5/15/2024

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 394

2    AMENDMENT NO. ______. Amend House Bill 394 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Family Amusement Wagering Prohibition Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Advertise" means to engage in promotional activities,
8including, but not limited to, newspaper, radio, Internet and
9electronic media, and television advertising, the distribution
10of fliers and circulars, billboard advertising, and the
11display of window and interior signs.
12    "Amusement device" means a game or machine which a person
13activates by inserting or using currency or a coin, card,
14coupon, slug, token, or similar device, and the person playing
15or operating the game or machine impacts the outcome of the
16game. "Amusement device" includes games of skill, games of

 

 

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1chance, and games of a combination of skill and chance.
2"Amusement device" does not include a device certified by the
3Illinois Gaming Board to be operated by an Illinois Gaming
4Board licensee.
5    "Crane game" means an amusement device involving skill, if
6it rewards the player exclusively with merchandise contained
7within the amusement device proper and limited to toys,
8novelties, and prizes other than currency, each having a
9wholesale value which is not more than $25.
10    "Family amusement establishment" means a place of business
11with amusement devices on the premises.
12    "Merchandise" means noncash prizes maintained on the
13premises by the family amusement establishment, including toys
14and novelties. "Merchandise" does not include any prize or
15other item, if the exchange or conversion to cash or a cash
16equivalent is facilitated or permitted by the family amusement
17establishment.
18    "Redemption machine" means a single-player or multi-player
19amusement device involving a game, the object of which is
20throwing, rolling, bowling, shooting, placing, or propelling a
21ball or other object that is either physical or computer
22generated on a display or with lights into, upon, or against a
23hole or other target that is either physical or computer
24generated on a display or with lights, or stopping, by
25physical, mechanical, or electronic means, a moving object
26that is either physical or computer generated on a display or

 

 

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1with lights into, upon, or against a hole or other target that
2is either physical or computer generated on a display or with
3lights, if all of the following conditions are met:
4        (1) The outcome of the game is predominantly
5    determined by the skill of the player.
6        (2) The award of the prize is based solely upon the
7    player's achieving the object of the game or otherwise
8    upon the player's score.
9        (3) Only merchandise prizes are awarded.
10        (4) The wholesale value of prizes awarded in lieu of
11    tickets or tokens for single play of the device does not
12    exceed $25.
13        (5) The redemption value of tickets, tokens, and other
14    representations of value, which may be accumulated by
15    players to redeem prizes of greater value, for a single
16    play of the device does not exceed $25.
17    "Wager" means a sum of money or thing of value risked on an
18uncertain outcome.
 
19    Section 10. Wagering facilitation prohibited. No family
20amusement establishment shall facilitate wagering on amusement
21devices. Facilitating wagering on amusement devices includes,
22but is not limited to, taking any action that knowingly allows
23any entity to facilitate wagering on amusement devices on the
24family amusement establishment's premises.
 

 

 

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1    Section 15. Wagering advertising prohibited. No family
2amusement establishment shall engage in advertising that
3promotes wagering on amusement devices.
 
4    Section 20. Exemptions. Nothing in this Act shall prohibit
5a family amusement establishment from offering:
6        (1) a coin-in-the-slot operated mechanical device
7    played for amusement which rewards the player with the
8    right to replay such mechanical device, which device is so
9    constructed or devised as to make such result of the
10    operation thereof depend in part upon the skill of the
11    player and which returns to the player thereof no money,
12    property, or right to receive money or property;
13        (2) a vending machine by which full and adequate
14    return is made for the money invested and in which there is
15    no element of chance or hazard;
16        (3) a crane game; or
17        (4) a redemption machine.
 
18    Section 25. The Criminal Code of 2012 is amended by
19changing Section 28-1 as follows:
 
20    (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
21    Sec. 28-1. Gambling.
22    (a) A person commits gambling when he or she:
23        (1) knowingly plays a game of chance or skill for

 

 

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

 

 

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1    Securities Law of 1953 is not gambling within the meaning
2    of this paragraph (4);
3        (5) knowingly owns or possesses any book, instrument
4    or apparatus by means of which bets or wagers have been, or
5    are, recorded or registered, or knowingly possesses any
6    money which he has received in the course of a bet or
7    wager;
8        (6) knowingly sells pools upon the result of any game
9    or contest of skill or chance, political nomination,
10    appointment or election;
11        (7) knowingly sets up or promotes any lottery or
12    sells, offers to sell or transfers any ticket or share for
13    any lottery;
14        (8) knowingly sets up or promotes any policy game or
15    sells, offers to sell or knowingly possesses or transfers
16    any policy ticket, slip, record, document or other similar
17    device;
18        (9) knowingly drafts, prints or publishes any lottery
19    ticket or share, or any policy ticket, slip, record,
20    document or similar device, except for such activity
21    related to lotteries, bingo games and raffles authorized
22    by and conducted in accordance with the laws of Illinois
23    or any other state or foreign government;
24        (10) knowingly advertises any lottery or policy game,
25    except for such activity related to lotteries, bingo games
26    and raffles authorized by and conducted in accordance with

 

 

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1    the laws of Illinois or any other state;
2        (11) knowingly transmits information as to wagers,
3    betting odds, or changes in betting odds by telephone,
4    telegraph, radio, semaphore or similar means; or knowingly
5    installs or maintains equipment for the transmission or
6    receipt of such information; except that nothing in this
7    subdivision (11) prohibits transmission or receipt of such
8    information for use in news reporting of sporting events
9    or contests; or
10        (12) knowingly establishes, maintains, or operates an
11    Internet site that permits a person to play a game of
12    chance or skill for money or other thing of value by means
13    of the Internet or to make a wager upon the result of any
14    game, contest, political nomination, appointment, or
15    election by means of the Internet. This item (12) does not
16    apply to activities referenced in items (6), (6.1), (8),
17    (8.1), and (15) of subsection (b) of this Section; or .
18        (13) knowingly facilitates wagering on amusement
19    devices or knowingly engages in advertising that promotes
20    wagering on amusement devices in violation of the Family
21    Amusement Wagering Prohibition Act.
22    (b) Participants in any of the following activities shall
23not be convicted of gambling:
24        (1) Agreements to compensate for loss caused by the
25    happening of chance including without limitation contracts
26    of indemnity or guaranty and life or health or accident

 

 

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1    insurance.
2        (2) Unless prohibited by the Family Amusement Wagering
3    Prohibition Act, offers Offers of prizes, award or
4    compensation to the actual contestants in any bona fide
5    contest for the determination of skill, speed, strength or
6    endurance or to the owners of animals or vehicles entered
7    in such contest.
8        (3) Pari-mutuel betting as authorized by the law of
9    this State.
10        (4) Manufacture of gambling devices, including the
11    acquisition of essential parts therefor and the assembly
12    thereof, for transportation in interstate or foreign
13    commerce to any place outside this State when such
14    transportation is not prohibited by any applicable Federal
15    law; or the manufacture, distribution, or possession of
16    video gaming terminals, as defined in the Video Gaming
17    Act, by manufacturers, distributors, and terminal
18    operators licensed to do so under the Video Gaming Act.
19        (5) The game commonly known as "bingo", when conducted
20    in accordance with the Bingo License and Tax Act.
21        (6) Lotteries when conducted by the State of Illinois
22    in accordance with the Illinois Lottery Law. This
23    exemption includes any activity conducted by the
24    Department of Revenue to sell lottery tickets pursuant to
25    the provisions of the Illinois Lottery Law and its rules.
26        (6.1) The purchase of lottery tickets through the

 

 

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1    Internet for a lottery conducted by the State of Illinois
2    under the program established in Section 7.12 of the
3    Illinois Lottery Law.
4        (7) Possession of an antique slot machine that is
5    neither used nor intended to be used in the operation or
6    promotion of any unlawful gambling activity or enterprise.
7    For the purpose of this subparagraph (b)(7), an antique
8    slot machine is one manufactured 25 years ago or earlier.
9        (8) Raffles and poker runs when conducted in
10    accordance with the Raffles and Poker Runs Act.
11        (8.1) The purchase of raffle chances for a raffle
12    conducted in accordance with the Raffles and Poker Runs
13    Act.
14        (9) Charitable games when conducted in accordance with
15    the Charitable Games Act.
16        (10) Pull tabs and jar games when conducted under the
17    Illinois Pull Tabs and Jar Games Act.
18        (11) Gambling games when authorized by the Illinois
19    Gambling Act.
20        (12) Video gaming terminal games at a licensed
21    establishment, licensed truck stop establishment, licensed
22    large truck stop establishment, licensed fraternal
23    establishment, or licensed veterans establishment when
24    conducted in accordance with the Video Gaming Act.
25        (13) Games of skill or chance where money or other
26    things of value can be won but no payment or purchase is

 

 

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1    required to participate.
2        (14) Savings promotion raffles authorized under
3    Section 5g of the Illinois Banking Act, Section 7008 of
4    the Savings Bank Act, Section 42.7 of the Illinois Credit
5    Union Act, Section 5136B of the National Bank Act (12
6    U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12
7    U.S.C. 1463).
8        (15) Sports wagering when conducted in accordance with
9    the Sports Wagering Act.
10    (c) Sentence.
11    Gambling is a Class A misdemeanor. A second or subsequent
12conviction under subsections (a)(3) through (a)(12), is a
13Class 4 felony.
14    (d) Circumstantial evidence.
15    In prosecutions under this Section circumstantial evidence
16shall have the same validity and weight as in any criminal
17prosecution.
18(Source: P.A. 101-31, Article 25, Section 25-915, eff.
196-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
20101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)".