Bill Text: IL HB0612 | 2019-2020 | 101st General Assembly | Introduced

Bill Title: Amends the Criminal Code of 2012. Makes a technical change in a Section concerning gambling.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-04-12 - Rule 19(a) / Re-referred to Rules Committee [HB0612 Detail]

Download: Illinois-2019-HB0612-Introduced.html

State of Illinois
2019 and 2020

Introduced , by Rep. Michael J. Madigan

720 ILCS 5/28-1 from Ch. 38, par. 28-1

Amends the Criminal Code of 2012. Makes a technical change in a Section concerning gambling.
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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by changing
5Section 28-1 as follows:
6 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
7 Sec. 28-1. Gambling.
8 (a) A person commits gambling when he or she:
9 (1) knowingly plays a game of chance or skill for money
10 or other thing of value, unless excepted in subsection (b)
11 of this Section;
12 (2) knowingly makes a wager upon the the result of any
13 game, contest, or any political nomination, appointment or
14 election;
15 (3) knowingly operates, keeps, owns, uses, purchases,
16 exhibits, rents, sells, bargains for the sale or lease of,
17 manufactures or distributes any gambling device;
18 (4) contracts to have or give himself or herself or
19 another the option to buy or sell, or contracts to buy or
20 sell, at a future time, any grain or other commodity
21 whatsoever, or any stock or security of any company, where
22 it is at the time of making such contract intended by both
23 parties thereto that the contract to buy or sell, or the

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1 option, whenever exercised, or the contract resulting
2 therefrom, shall be settled, not by the receipt or delivery
3 of such property, but by the payment only of differences in
4 prices thereof; however, the issuance, purchase, sale,
5 exercise, endorsement or guarantee, by or through a person
6 registered with the Secretary of State pursuant to Section
7 8 of the Illinois Securities Law of 1953, or by or through
8 a person exempt from such registration under said Section
9 8, of a put, call, or other option to buy or sell
10 securities which have been registered with the Secretary of
11 State or which are exempt from such registration under
12 Section 3 of the Illinois Securities Law of 1953 is not
13 gambling within the meaning of this paragraph (4);
14 (5) knowingly owns or possesses any book, instrument or
15 apparatus by means of which bets or wagers have been, or
16 are, recorded or registered, or knowingly possesses any
17 money which he has received in the course of a bet or
18 wager;
19 (6) knowingly sells pools upon the result of any game
20 or contest of skill or chance, political nomination,
21 appointment or election;
22 (7) knowingly sets up or promotes any lottery or sells,
23 offers to sell or transfers any ticket or share for any
24 lottery;
25 (8) knowingly sets up or promotes any policy game or
26 sells, offers to sell or knowingly possesses or transfers

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1 any policy ticket, slip, record, document or other similar
2 device;
3 (9) knowingly drafts, prints or publishes any lottery
4 ticket or share, or any policy ticket, slip, record,
5 document or similar device, except for such activity
6 related to lotteries, bingo games and raffles authorized by
7 and conducted in accordance with the laws of Illinois or
8 any other state or foreign government;
9 (10) knowingly advertises any lottery or policy game,
10 except for such activity related to lotteries, bingo games
11 and raffles authorized by and conducted in accordance with
12 the laws of Illinois or any other state;
13 (11) knowingly transmits information as to wagers,
14 betting odds, or changes in betting odds by telephone,
15 telegraph, radio, semaphore or similar means; or knowingly
16 installs or maintains equipment for the transmission or
17 receipt of such information; except that nothing in this
18 subdivision (11) prohibits transmission or receipt of such
19 information for use in news reporting of sporting events or
20 contests; or
21 (12) knowingly establishes, maintains, or operates an
22 Internet site that permits a person to play a game of
23 chance or skill for money or other thing of value by means
24 of the Internet or to make a wager upon the result of any
25 game, contest, political nomination, appointment, or
26 election by means of the Internet. This item (12) does not

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1 apply to activities referenced in items (6) and (6.1) of
2 subsection (b) of this Section.
3 (b) Participants in any of the following activities shall
4not be convicted of gambling:
5 (1) Agreements to compensate for loss caused by the
6 happening of chance including without limitation contracts
7 of indemnity or guaranty and life or health or accident
8 insurance.
9 (2) Offers of prizes, award or compensation to the
10 actual contestants in any bona fide contest for the
11 determination of skill, speed, strength or endurance or to
12 the owners of animals or vehicles entered in such contest.
13 (3) Pari-mutuel betting as authorized by the law of
14 this State.
15 (4) Manufacture of gambling devices, including the
16 acquisition of essential parts therefor and the assembly
17 thereof, for transportation in interstate or foreign
18 commerce to any place outside this State when such
19 transportation is not prohibited by any applicable Federal
20 law; or the manufacture, distribution, or possession of
21 video gaming terminals, as defined in the Video Gaming Act,
22 by manufacturers, distributors, and terminal operators
23 licensed to do so under the Video Gaming Act.
24 (5) The game commonly known as "bingo", when conducted
25 in accordance with the Bingo License and Tax Act.
26 (6) Lotteries when conducted by the State of Illinois

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1 in accordance with the Illinois Lottery Law. This exemption
2 includes any activity conducted by the Department of
3 Revenue to sell lottery tickets pursuant to the provisions
4 of the Illinois Lottery Law and its rules.
5 (6.1) The purchase of lottery tickets through the
6 Internet for a lottery conducted by the State of Illinois
7 under the program established in Section 7.12 of the
8 Illinois Lottery Law.
9 (7) Possession of an antique slot machine that is
10 neither used nor intended to be used in the operation or
11 promotion of any unlawful gambling activity or enterprise.
12 For the purpose of this subparagraph (b)(7), an antique
13 slot machine is one manufactured 25 years ago or earlier.
14 (8) Raffles and poker runs when conducted in accordance
15 with the Raffles and Poker Runs Act.
16 (9) Charitable games when conducted in accordance with
17 the Charitable Games Act.
18 (10) Pull tabs and jar games when conducted under the
19 Illinois Pull Tabs and Jar Games Act.
20 (11) Gambling games conducted on riverboats when
21 authorized by the Riverboat Gambling Act.
22 (12) Video gaming terminal games at a licensed
23 establishment, licensed truck stop establishment, licensed
24 fraternal establishment, or licensed veterans
25 establishment when conducted in accordance with the Video
26 Gaming Act.

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1 (13) Games of skill or chance where money or other
2 things of value can be won but no payment or purchase is
3 required to participate.
4 (14) Savings promotion raffles authorized under
5 Section 5g of the Illinois Banking Act, Section 7008 of the
6 Savings Bank Act, Section 42.7 of the Illinois Credit Union
7 Act, Section 5136B of the National Bank Act (12 U.S.C.
8 25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C.
9 1463).
10 (c) Sentence.
11 Gambling is a Class A misdemeanor. A second or subsequent
12conviction under subsections (a)(3) through (a)(12), is a Class
134 felony.
14 (d) Circumstantial evidence.
15 In prosecutions under this Section circumstantial evidence
16shall have the same validity and weight as in any criminal
18(Source: P.A. 98-644, eff. 6-10-14; 99-149, eff. 1-1-16.)