Full Text of HB0394 103rd General Assembly
HB0394ham001 103RD GENERAL ASSEMBLY | Rep. Daniel Didech Filed: 5/15/2024 | | 10300HB0394ham001 | | LRB103 03961 LNS 73462 a |
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| 1 | | AMENDMENT TO HOUSE BILL 394
| 2 | | AMENDMENT NO. ______. Amend House Bill 394 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Family Amusement Wagering Prohibition Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Advertise" means to engage in promotional activities, | 8 | | including, but not limited to, newspaper, radio, Internet and | 9 | | electronic media, and television advertising, the distribution | 10 | | of fliers and circulars, billboard advertising, and the | 11 | | display of window and interior signs. | 12 | | "Amusement device" means a game or machine which a person | 13 | | activates by inserting or using currency or a coin, card, | 14 | | coupon, slug, token, or similar device, and the person playing | 15 | | or operating the game or machine impacts the outcome of the | 16 | | game. "Amusement device" includes games of skill, games of |
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| 1 | | chance, and games of a combination of skill and chance. | 2 | | "Amusement device" does not include a device certified by the | 3 | | Illinois Gaming Board to be operated by an Illinois Gaming | 4 | | Board licensee. | 5 | | "Crane game" means an amusement device involving skill, if | 6 | | it rewards the player exclusively with merchandise contained | 7 | | within the amusement device proper and limited to toys, | 8 | | novelties, and prizes other than currency, each having a | 9 | | wholesale value which is not more than $25. | 10 | | "Family amusement establishment" means a place of business | 11 | | with amusement devices on the premises. | 12 | | "Merchandise" means noncash prizes maintained on the | 13 | | premises by the family amusement establishment, including toys | 14 | | and novelties. "Merchandise" does not include any prize or | 15 | | other item, if the exchange or conversion to cash or a cash | 16 | | equivalent is facilitated or permitted by the family amusement | 17 | | establishment. | 18 | | "Redemption machine" means a single-player or multi-player | 19 | | amusement device involving a game, the object of which is | 20 | | throwing, rolling, bowling, shooting, placing, or propelling a | 21 | | ball or other object that is either physical or computer | 22 | | generated on a display or with lights into, upon, or against a | 23 | | hole or other target that is either physical or computer | 24 | | generated on a display or with lights, or stopping, by | 25 | | physical, mechanical, or electronic means, a moving object | 26 | | that is either physical or computer generated on a display or |
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| 1 | | with lights into, upon, or against a hole or other target that | 2 | | is either physical or computer generated on a display or with | 3 | | lights, 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 | 18 | | uncertain outcome. | 19 | | Section 10. Wagering facilitation prohibited. No family | 20 | | amusement establishment shall facilitate wagering on amusement | 21 | | devices. Facilitating wagering on amusement devices includes, | 22 | | but is not limited to, taking any action that knowingly allows | 23 | | any entity to facilitate wagering on amusement devices on the | 24 | | family amusement establishment's premises. |
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| 1 | | Section 15. Wagering advertising prohibited. No family | 2 | | amusement establishment shall engage in advertising that | 3 | | promotes wagering on amusement devices. | 4 | | Section 20. Exemptions. Nothing in this Act shall prohibit | 5 | | a 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 | 19 | | changing 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 | 23 | | not 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 | 12 | | conviction under subsections (a)(3) through (a)(12), is a | 13 | | Class 4 felony. | 14 | | (d) Circumstantial evidence. | 15 | | In prosecutions under this Section circumstantial evidence | 16 | | shall have the same validity and weight as in any criminal | 17 | | prosecution. | 18 | | (Source: P.A. 101-31, Article 25, Section 25-915, eff. | 19 | | 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; | 20 | | 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)". |
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