State of Illinois
92nd General Assembly
Legislation

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92_HB5644

 
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 1        AN ACT in relation to criminal law.

 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  Sections  28-1,  28-1.1,  28-3,  28-5,  and 28-7 as
 6    follows:

 7        (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
 8        Sec. 28-1.  Gambling.
 9        (a)  A person commits gambling when he:
10             (1)  Plays a game of chance or skill  for  money  or
11        other  thing  of value, unless excepted in subsection (b)
12        of this Section; or
13             (2)  Makes a wager upon  the  result  of  any  game,
14        contest,  or  any  political  nomination,  appointment or
15        election; or
16             (3)  Operates,   keeps,   owns,   uses,   purchases,
17        exhibits, rents, sells, bargains for the  sale  or  lease
18        of, manufactures or distributes any gambling device; or
19             (4)  Contracts  to  have  or give himself or another
20        the option to buy or sell, or contracts to buy  or  sell,
21        at   a   future   time,  any  grain  or  other  commodity
22        whatsoever, or any stock  or  security  of  any  company,
23        where  it is at the time of making such contract intended
24        by both parties thereto that the contract to buy or sell,
25        or  the  option,  whenever  exercised,  or  the  contract
26        resulting therefrom, shall be settled, not by the receipt
27        or delivery of such property, but by the payment only  of
28        differences  in  prices  thereof;  however, the issuance,
29        purchase, sale, exercise, endorsement or guarantee, by or
30        through a person registered with the Secretary  of  State
31        pursuant  to  Section 8 of the Illinois Securities Law of
 
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 1        1953,  or  by  or  through  a  person  exempt  from  such
 2        registration under said Section 8, of  a  put,  call,  or
 3        other  option  to  buy or sell securities which have been
 4        registered with the  Secretary  of  State  or  which  are
 5        exempt  from  such  registration  under  Section 3 of the
 6        Illinois Securities Law of 1953 is  not  gambling  within
 7        the meaning of this paragraph (4); or
 8             (5)  Knowingly   owns   or   possesses   any   book,
 9        instrument  or apparatus by means of which bets or wagers
10        have been, or are, recorded or registered,  or  knowingly
11        possesses  any  money which he has received in the course
12        of a bet or wager; or
13             (6)  Sells pools upon the  result  of  any  game  or
14        contest   of   skill  or  chance,  political  nomination,
15        appointment or election; or
16             (7)  Sets up  or  promotes  any  lottery  or  sells,
17        offers  to  sell or transfers any ticket or share for any
18        lottery; or
19             (8)  Sets up or promotes any policy game  or  sells,
20        offers  to  sell  or knowingly possesses or transfers any
21        policy ticket, slip, record, document  or  other  similar
22        device; or
23             (9)  Knowingly   drafts,  prints  or  publishes  any
24        lottery ticket or share,  or  any  policy  ticket,  slip,
25        record,  document  or  similar  device,  except  for such
26        activity related to lotteries, bingo  games  and  raffles
27        authorized  by  and conducted in accordance with the laws
28        of Illinois or any other state or foreign government; or
29             (10)  Knowingly advertises  any  lottery  or  policy
30        game,  except  for  such  activity  related to lotteries,
31        bingo games and raffles authorized by  and  conducted  in
32        accordance  with the laws of Illinois or any other state;
33        or
34             (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
 3        knowingly   installs   or  maintains  equipment  for  the
 4        transmission or receipt of such information; except  that
 5        nothing  in  this subdivision (11) prohibits transmission
 6        or receipt of such information for use in news  reporting
 7        of sporting events or contests; or
 8             (12)  Knowingly  establishes, maintains, or operates
 9        an Internet site that permits a person to play a game  of
10        chance  or  skill  for  money  or other thing of value by
11        means of the Internet or to make a wager upon the  result
12        of  any game, contest, political nomination, appointment,
13        or election by means of the Internet; or.
14             (13)  Knowingly plays a game of chance or skill  for
15        money or other thing of value by means of the Internet or
16        knowingly  makes  a  wager  upon  the result of any game,
17        contest, political nomination, appointment,  or  election
18        by  means  of the Internet, unless excepted in subsection
19        (b) of this Section.
20        (b)  Participants in  any  of  the  following  activities
21    shall not be convicted of gambling therefor:
22             (1)  Agreements to compensate for loss caused by the
23        happening   of   chance   including   without  limitation
24        contracts of indemnity or guaranty and life or health  or
25        accident insurance;
26             (2)  Offers  of prizes, award or compensation to the
27        actual contestants in  any  bona  fide  contest  for  the
28        determination  of  skill, speed, strength or endurance or
29        to the owners of animals  or  vehicles  entered  in  such
30        contest;
31             (3)  Pari-mutuel betting as authorized by the law of
32        this State;
33             (4)  Manufacture  of gambling devices, including the
34        acquisition of essential parts therefor and the  assembly
 
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 1        thereof,  for  transportation  in  interstate  or foreign
 2        commerce to  any  place  outside  this  State  when  such
 3        transportation   is  not  prohibited  by  any  applicable
 4        Federal law;
 5             (5)  The  game  commonly  known  as  "bingo",   when
 6        conducted  in  accordance  with the Bingo License and Tax
 7        Act;
 8             (6)  Lotteries  when  conducted  by  the  State   of
 9        Illinois in accordance with the Illinois Lottery Law;
10             (7)  Possession  of  an antique slot machine that is
11        neither used nor intended to be used in the operation  or
12        promotion   of   any   unlawful   gambling   activity  or
13        enterprise.  For the purpose of this subparagraph (b)(7),
14        an antique slot machine is one manufactured 25 years  ago
15        or earlier;
16             (8)  Raffles  when  conducted in accordance with the
17        Raffles Act;
18             (9)  Charitable games when conducted  in  accordance
19        with the Charitable Games Act;
20             (10)  Pull  tabs  and jar games when conducted under
21        the 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
26    Section  is  a  Class  A  misdemeanor.  Gambling under any of
27    subsections (a)(3) through (a)(11) of this Section is a Class
28    A misdemeanor.  A second or subsequent conviction  under  any
29    of  subsections  (a)(3) through (a)(11), is a Class 4 felony.
30    Gambling under subsection (a)(12) of this Section is a  Class
31    A  misdemeanor.   A  second  or  subsequent  conviction under
32    subsection (a)(12)  is  a  Class  4  felony.  Gambling  under
33    subsection  (a)(13) of this Section is a Class A misdemeanor.
34    A second or subsequent conviction under subsection (a)(13) is
 
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 1    a Class 4 felony.
 2        (d)  Circumstantial evidence.
 3        In   prosecutions   under   subsection   (a)(1)   through
 4    (a)(13)(12) of this  Section  circumstantial  evidence  shall
 5    have  the  same  validity  and  weight  as  in  any  criminal
 6    prosecution.
 7    (Source: P.A. 91-257, eff. 1-1-00.)

 8        (720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
 9        Sec. 28-1.1.  Syndicated gambling.
10        (a)  Declaration   of   Purpose.  Recognizing  the  close
11    relationship  between   professional   gambling   and   other
12    organized  crime,  it  is  declared  to  be the policy of the
13    legislature to restrain persons from engaging in the business
14    of gambling for profit in this State.  This Section shall  be
15    liberally  construed and administered with a view to carrying
16    out this policy.
17        (b)  A  person  commits  syndicated  gambling   when   he
18    operates  a  "policy  game"  or  engages  in  the business of
19    bookmaking.
20        (c)  A person "operates a policy game" when he  knowingly
21    uses any premises or property for the purpose of receiving or
22    knowingly does receive from what is commonly called "policy":
23             (1)  money  from  a  person other than the better or
24        player whose bets or plays are represented by such money;
25        or
26             (2)  written or computer  accessible  "policy  game"
27        records,  made  or  used  over any period of time, from a
28        person other than the better  or  player  whose  bets  or
29        plays   are  represented  by  such  written  or  computer
30        accessible record.
31        (d)  A person engages in bookmaking when he  receives  or
32    accepts  more than five bets or wagers upon the result of any
33    trials or contests of skill, speed or power of  endurance  or
 
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 1    upon  any  lot, chance, casualty, unknown or contingent event
 2    whatsoever, which bets or wagers shall be of such  size  that
 3    the total of the amounts of money paid or promised to be paid
 4    to  such  bookmaker  on  account thereof shall exceed $2,000.
 5    Bookmaking is the receiving or  accepting  of  such  bets  or
 6    wagers  regardless  of  the  form  or  manner  in  which  the
 7    bookmaker records them.
 8        (d-5)  A  person  commits  syndicated gambling when he or
 9    she accesses the Internet to operate a "policy  game"  or  to
10    engage in the business of bookmaking.
11        (e)  Participants  in  any  of  the  following activities
12    shall not be convicted of syndicated gambling:
13             (1)  Agreements to compensate for loss caused by the
14        happening  of   chance   including   without   limitation
15        contracts  of indemnity or guaranty and life or health or
16        accident insurance; and
17             (2)  Offers of prizes, award or compensation to  the
18        actual  contestants  in  any  bona  fide  contest for the
19        determination of skill, speed, strength or  endurance  or
20        to  the  owners  of  animals  or vehicles entered in such
21        contest; and
22             (3)  Pari-mutuel betting as  authorized  by  law  of
23        this State; and
24             (4)  Manufacture  of gambling devices, including the
25        acquisition of essential parts therefor and the  assembly
26        thereof,  for  transportation  in  interstate  or foreign
27        commerce to  any  place  outside  this  State  when  such
28        transportation   is  not  prohibited  by  any  applicable
29        Federal law; and
30             (5)  Raffles when conducted in accordance  with  the
31        Raffles Act; and
32             (6)  Gambling  games  conducted  on  riverboats when
33        authorized by the Riverboat Gambling Act.
34        (f)  Sentence.  Syndicated gambling is a Class 3 felony.
 
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 1    (Source: P.A. 86-1029; 87-435.)

 2        (720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
 3        Sec. 28-3.  Keeping a Gambling Place. A "gambling  place"
 4    is  any  real  estate,  vehicle,  boat  or any other property
 5    whatsoever used for  the  purposes  of  gambling  other  than
 6    gambling  conducted in the manner authorized by the Riverboat
 7    Gambling Act.  A "gambling  place"  includes  premises  or  a
 8    building  knowingly  used  by  the  owner to conduct gambling
 9    games prohibited by Section 28-1 by use of the Internet or to
10    conduct syndicated gambling under Section 28-1.1  by  use  of
11    the  Internet.  Any person who knowingly permits any premises
12    or property owned or occupied by him or under his control  to
13    be  used  as  a gambling place commits a Class A misdemeanor.
14    Each subsequent offense  is  a  Class  4  felony.   When  any
15    premises  is determined by the circuit court to be a gambling
16    place:
17        (a)  Such premises  is  a  public  nuisance  and  may  be
18    proceeded against as such, and
19        (b)  All  licenses, permits or certificates issued by the
20    State of Illinois or any subdivision or public agency thereof
21    authorizing the serving of food or liquor  on  such  premises
22    shall  be  void;  and  no  license,  permit or certificate so
23    cancelled shall be reissued for such premises for a period of
24    60 days thereafter; nor shall any person convicted of keeping
25    a gambling place be reissued such license for one  year  from
26    his  conviction  and,  after a second conviction of keeping a
27    gambling place, any such person shall not  be  reissued  such
28    license, and
29        (c)  Such  premises  of  any person who knowingly permits
30    thereon a violation of any Section of this Article  shall  be
31    held  liable  for,  and  may  be  sold to pay any unsatisfied
32    judgment that may be recovered and any unsatisfied fine  that
33    may be levied under any Section of this Article.
 
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 1    (Source: P.A. 86-1029.)

 2        (720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
 3        Sec.  28-5.   Seizure  of  gambling  devices and gambling
 4    funds.
 5        (a)  Every  device  designed  for   gambling   which   is
 6    incapable  of  lawful use or every device used unlawfully for
 7    gambling including a computer or computer server used  in  an
 8    Internet  gambling  operation but does not include a computer
 9    used by a person to place a bet or wager if the  person  does
10    not use the computer for the conduct of a gambling operation,
11    shall be considered a "gambling device", and shall be subject
12    to seizure, confiscation and destruction by the Department of
13    State  Police  or by any municipal, or other local authority,
14    within whose jurisdiction the same may be found.  As used  in
15    this  Section, a "gambling device" includes any slot machine,
16    and includes  any  machine  or  device  constructed  for  the
17    reception of money or other thing of value and so constructed
18    as to return, or to cause someone to return, on chance to the
19    player thereof money, property or a right to receive money or
20    property.   With  the  exception  of  any device designed for
21    gambling which is incapable of lawful use, no gambling device
22    shall be forfeited or destroyed unless an individual  with  a
23    property interest in said device knows of the unlawful use of
24    the device.
25        (b)  Every  gambling device shall be seized and forfeited
26    to the county wherein such  seizure  occurs.   Any  money  or
27    other  thing  of value integrally related to acts of gambling
28    shall be seized and forfeited  to  the  county  wherein  such
29    seizure occurs.
30        (c)  If,  within  60  days  after any seizure pursuant to
31    subparagraph  (b)  of  this  Section,  a  person  having  any
32    property interest in the seized property is charged  with  an
33    offense,  the  court  which renders judgment upon such charge
 
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 1    shall,  within  30  days  after  such  judgment,  conduct   a
 2    forfeiture  hearing  to determine whether such property was a
 3    gambling device at the time of seizure.  Such  hearing  shall
 4    be  commenced  by  a written petition by the State, including
 5    material allegations of fact, the name and address  of  every
 6    person  determined by the State to have any property interest
 7    in the seized property, a representation that written  notice
 8    of  the  date, time and place of such hearing has been mailed
 9    to every such person by  certified  mail  at  least  10  days
10    before  such  date, and a request for forfeiture.  Every such
11    person may appear as a party and  present  evidence  at  such
12    hearing.    The   quantum   of  proof  required  shall  be  a
13    preponderance of the evidence, and the burden of proof  shall
14    be  on  the  State.   If the court determines that the seized
15    property was a gambling device at the  time  of  seizure,  an
16    order  of  forfeiture  and disposition of the seized property
17    shall be entered: a gambling device shall be received by  the
18    State's  Attorney,  who  shall effect its destruction, except
19    that  valuable  parts  thereof  may  be  liquidated  and  the
20    resultant money shall be deposited in the general fund of the
21    county wherein such seizure occurred; money and other  things
22    of  value shall be received by the State's Attorney and, upon
23    liquidation, shall be deposited in the general  fund  of  the
24    county  wherein such seizure occurred.  However, in the event
25    that a defendant raises the  defense  that  the  seized  slot
26    machine  is an antique slot machine described in subparagraph
27    (b) (7) of Section 28-1 of this Code  and  therefore   he  is
28    exempt  from  the  charge of a gambling activity participant,
29    the seized antique slot machine shall  not  be  destroyed  or
30    otherwise  altered until a final determination is made by the
31    Court as to whether it is such an antique slot machine.  Upon
32    a final determination by the Court of this question in  favor
33    of  the  defendant,  such  slot  machine shall be immediately
34    returned to the defendant.   Such  order  of  forfeiture  and
 
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 1    disposition  shall,  for  the  purposes of appeal, be a final
 2    order and judgment in a civil proceeding.
 3        (d)  If a seizure pursuant to subparagraph  (b)  of  this
 4    Section  is not followed by a charge pursuant to subparagraph
 5    (c) of this Section, or if the prosecution of such charge  is
 6    permanently  terminated  or indefinitely discontinued without
 7    any judgment of  conviction  or  acquittal  (1)  the  State's
 8    Attorney   shall  commence  an  in  rem  proceeding  for  the
 9    forfeiture and destruction of a gambling device, or  for  the
10    forfeiture  and  deposit in the general fund of the county of
11    any seized money or other things of value, or  both,  in  the
12    circuit court and (2) any person having any property interest
13    in such seized gambling device, money or other thing of value
14    may   commence  separate  civil  proceedings  in  the  manner
15    provided by law.
16        (e)  Any  gambling  device  displayed  for  sale   to   a
17    riverboat  gambling  operation  or used to train occupational
18    licensees of a riverboat  gambling  operation  as  authorized
19    under the Riverboat Gambling Act is exempt from seizure under
20    this Section.
21        (f)  Any   gambling   equipment,   devices  and  supplies
22    provided by  a  licensed  supplier  in  accordance  with  the
23    Riverboat  Gambling  Act which are removed from the riverboat
24    for repair are exempt from seizure under this Section.
25    (Source: P.A. 87-826.)

26        (720 ILCS 5/28-7) (from Ch. 38, par. 28-7)
27        Sec. 28-7. Gambling contracts void.
28        (a)  All  promises,  notes,  bills,   bonds,   covenants,
29    contracts,   agreements,   judgments,   mortgages,  or  other
30    securities or conveyances made,  given,  granted,  drawn,  or
31    entered into, or executed by any person whatsoever, where the
32    whole  or  any  part  of the consideration thereof is for any
33    money or thing of value, won or obtained in violation of  any
 
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 1    Section   of  this  Article  are  null  and  void,  including
 2    contracts,  debts,  or  obligations  incurred   by   Internet
 3    gambling.
 4        (b)  Any  obligation  void  under this Section may be set
 5    aside and vacated by any  court  of  competent  jurisdiction,
 6    upon  a  complaint  filed  for that purpose, by the person so
 7    granting, giving, entering into, or executing the same, or by
 8    his executors or administrators, or by  any  creditor,  heir,
 9    legatee,  purchaser or other person interested therein; or if
10    a judgment, the same may be set aside on motion of any person
11    stated above, on due notice thereof given.
12        (c)  No assignment of  any  obligation  void  under  this
13    Section  may  in  any manner affect the defense of the person
14    giving, granting, drawing, entering into  or  executing  such
15    obligation, or the remedies of any person interested therein.
16        (d)  This Section shall not prevent a licensed owner of a
17    riverboat  gambling  operation  from  instituting  a cause of
18    action to collect any amount due and owing under an extension
19    of credit to a riverboat gambling patron as authorized  under
20    the Riverboat Gambling Act.
21    (Source: P.A. 87-826.)

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