Bill Text: IL HB5633 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Video Gaming Act. Deletes language providing that nothing in a provision regarding the display of license, confiscation, and violation as a felony shall be deemed to prohibit the use of a game device only if the game device is used in an activity that is not gambling. Amends the Criminal Code of 2012. Provides that a person commits gambling when he or she knowingly establishes, maintains, or operates an Internet site that permits a person to play or offers a person entry by means of the Internet into any contest, competition, sweepstakes, scheme, plan, or other selection process that involves or is dependent upon an element of chance for which the person may receive a gift, award, or other item or service of value of that offer that is incidental to or results from (i) the purchase of an item or service of value; or (ii) the purchase of a gratuitous receipt of a coupon, voucher, certificate, or other similar credit that can be redeemed for or applied towards an item or service of value from the site. Provides that such gambling is a Class 4 felony. Changes the definition of "gambling device". Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5633 Detail]

Download: Illinois-2019-HB5633-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5633 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
230 ILCS 40/35
720 ILCS 5/28-1 from Ch. 38, par. 28-1
720 ILCS 5/28-2 from Ch. 38, par. 28-2
720 ILCS 5/28-5 from Ch. 38, par. 28-5
Amends the Video Gaming Act. Deletes language providing that nothing in a provision regarding the display of license, confiscation, and violation as a felony shall be deemed to prohibit the use of a game device only if the game device is used in an activity that is not gambling. Amends the Criminal Code of 2012. Provides that a person commits gambling when he or she knowingly establishes, maintains, or operates an Internet site that permits a person to play or offers a person entry by means of the Internet into any contest, competition, sweepstakes, scheme, plan, or other selection process that involves or is dependent upon an element of chance for which the person may receive a gift, award, or other item or service of value of that offer that is incidental to or results from (i) the purchase of an item or service of value; or (ii) the purchase of a gratuitous receipt of a coupon, voucher, certificate, or other similar credit that can be redeemed for or applied towards an item or service of value from the site. Provides that such gambling is a Class 4 felony. Changes the definition of "gambling device". Makes conforming changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning gaming.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Video Gaming Act is amended by changing
Section 35 as follows:
(230 ILCS 40/35)
Sec. 35. Display of license; confiscation; violation as
felony.
(a) Each video gaming terminal shall be licensed by the
Board before placement or operation on the premises of a
licensed establishment, licensed truck stop establishment,
licensed large truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment. The license
of each video gaming terminal shall be maintained at the
location where the video gaming terminal is operated. Failure
to do so is a petty offense with a fine not to exceed $100. Any
licensed establishment, licensed truck stop establishment,
licensed large truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment used for the
conduct of gambling games in violation of this Act shall be
considered a gambling place in violation of Section 28-3 of the
Criminal Code of 2012. Every gambling device found in a
licensed establishment, licensed truck stop establishment,

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licensed large truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment operating
gambling games in violation of this Act shall be subject to
seizure, confiscation, and destruction as provided in Section
28-5 of the Criminal Code of 2012. Any license issued under the
Liquor Control Act of 1934 to any owner or operator of a
licensed establishment, licensed truck stop establishment,
licensed large truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment that
operates or permits the operation of a video gaming terminal
within its establishment in violation of this Act shall be
immediately revoked. No person may own, operate, have in his or
her possession or custody or under his or her control, or
permit to be kept in any place under his or her possession or
control, any device that awards credits and contains a circuit,
meter, or switch capable of removing and recording the removal
of credits when the award of credits is dependent upon chance.
Nothing in this Section shall be deemed to prohibit the use
of a game device only if the game device is used in an activity
that is not gambling under subsection (b) of Section 28-1 of
the Criminal Code of 2012.
A violation of this Section is a Class 4 felony. All
devices that are owned, operated, or possessed in violation of
this Section are hereby declared to be public nuisances and
shall be subject to seizure, confiscation, and destruction as
provided in Section 28-5 of the Criminal Code of 2012.

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The provisions of this Section do not apply to devices or
electronic video game terminals licensed pursuant to this Act.
A video gaming terminal operated for amusement only and bearing
a valid amusement tax sticker shall not be subject to this
Section until 30 days after the Board establishes that the
central communications system is functional.
(b) (1) The odds of winning each video game shall be posted
on or near each video gaming terminal. The manner in which the
odds are calculated and how they are posted shall be determined
by the Board by rule.
(2) No video gaming terminal licensed under this Act may be
played except during the legal hours of operation allowed for
the consumption of alcoholic beverages at the licensed
establishment, licensed fraternal establishment, or licensed
veterans establishment. A licensed establishment, licensed
fraternal establishment, or licensed veterans establishment
that violates this subsection is subject to termination of its
license by the Board.
(Source: P.A. 101-31, eff. 6-28-19.)
Section 10. The Criminal Code of 2012 is amended by
changing Sections 28-1, 28-2, and 28-5 as follows:
(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
Sec. 28-1. Gambling.
(a) A person commits gambling when he or she:

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

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

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the laws of Illinois or any other state;
(11) knowingly transmits information as to wagers,
betting odds, or changes in betting odds by telephone,
telegraph, radio, semaphore or similar means; or knowingly
installs or maintains equipment for the transmission or
receipt of such information; except that nothing in this
subdivision (11) prohibits transmission or receipt of such
information for use in news reporting of sporting events or
contests; or
(12) knowingly establishes, maintains, or operates an
Internet site that permits a person to play a game of
chance or skill for money or other thing of value by means
of the Internet or to make a wager upon the result of any
game, contest, political nomination, appointment, or
election by means of the Internet. This item (12) does not
apply to activities referenced in items (6), (6.1), (8),
and (8.1), and (15) of subsection (b) of this Section; or .
(13) knowingly establishes, maintains, or operates an
Internet site that permits a person to play or offers a
person entry by means of the Internet into any contest,
competition, sweepstakes, scheme, plan, or other selection
process that involves or is dependent upon an element of
chance for which the person may receive a gift, award, or
other item or service of value of that offer that is
incidental to or results from (i) the purchase of an item
or service of value; or (ii) the purchase of a gratuitous

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receipt of a coupon, voucher, certificate, or other similar
credit that can be redeemed for or applied towards an item
or service of value from the site.
(b) Participants in any of the following activities shall
not be convicted of gambling:
(1) Agreements to compensate for loss caused by the
happening of chance including without limitation contracts
of indemnity or guaranty and life or health or accident
insurance.
(2) Offers of prizes, award or compensation to the
actual contestants in any bona fide contest for the
determination of skill, speed, strength or endurance or to
the owners of animals or vehicles entered in such contest.
(3) Pari-mutuel betting as authorized by the law of
this State.
(4) Manufacture of gambling devices, including the
acquisition of essential parts therefor and the assembly
thereof, for transportation in interstate or foreign
commerce to any place outside this State when such
transportation is not prohibited by any applicable Federal
law; or the manufacture, distribution, or possession of
video gaming terminals, as defined in the Video Gaming Act,
by manufacturers, distributors, and terminal operators
licensed to do so under the Video Gaming Act.
(5) The game commonly known as "bingo", when conducted
in accordance with the Bingo License and Tax Act.

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(6) Lotteries when conducted by the State of Illinois
in accordance with the Illinois Lottery Law. This exemption
includes any activity conducted by the Department of
Revenue to sell lottery tickets pursuant to the provisions
of the Illinois Lottery Law and its rules.
(6.1) The purchase of lottery tickets through the
Internet for a lottery conducted by the State of Illinois
under the program established in Section 7.12 of the
Illinois Lottery Law.
(7) Possession of an antique slot machine that is
neither used nor intended to be used in the operation or
promotion of any unlawful gambling activity or enterprise.
For the purpose of this subparagraph (b)(7), an antique
slot machine is one manufactured 25 years ago or earlier.
(8) Raffles and poker runs when conducted in accordance
with the Raffles and Poker Runs Act.
(8.1) The purchase of raffle chances for a raffle
conducted in accordance with the Raffles and Poker Runs
Act.
(9) Charitable games when conducted in accordance with
the Charitable Games Act.
(10) Pull tabs and jar games when conducted under the
Illinois Pull Tabs and Jar Games Act.
(11) Gambling games when authorized by the Illinois
Gambling Act.
(12) Video gaming terminal games at a licensed

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establishment, licensed truck stop establishment, licensed
large truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment when
conducted in accordance with the Video Gaming Act.
(13) Games of skill or chance where money or other
things of value can be won but no payment or purchase is
required to participate, except where participation in
such game of skill or chance is accomplished using a
gambling device prohibited by item (iii) of subsection (a)
of Section 28-2.
(14) Savings promotion raffles authorized under
Section 5g of the Illinois Banking Act, Section 7008 of the
Savings Bank Act, Section 42.7 of the Illinois Credit Union
Act, Section 5136B of the National Bank Act (12 U.S.C.
25a), or Section 4 of the Home Owners' Loan Act (12 U.S.C.
1463).
(15) Sports wagering when conducted in accordance with
the Sports Wagering Act.
(c) Sentence.
(1) Gambling is a Class A misdemeanor. A second or
subsequent conviction under paragraphs (3) through (13) of
subsection (a) subsections (a)(3) through (a)(12), is a
Class 4 felony.
(2) Notwithstanding paragraph (1) of this subsection
(c), a gambling offense involving a device described in
item (iii) of subsection (a) of Section 28-2 is a Class 4

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felony.
(d) Circumstantial evidence.
In prosecutions under this Section circumstantial evidence
shall have the same validity and weight as in any criminal
prosecution.
(Source: P.A. 101-31, Article 25, Section 25-915, eff. 6-28-19;
101-31, Article 35, Section 35-80, eff. 6-28-19; 101-109, eff.
7-19-19; revised 8-6-19.)
(720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
Sec. 28-2. Definitions.
(a) A "gambling device" is: (i) any clock, tape machine,
slot machine or other machines or device for the reception of
money or other thing of value on chance or skill or upon the
action of which money or other thing of value is staked,
hazarded, bet, won, or lost; (ii) or any mechanism, furniture,
fixture, equipment, or other device designed primarily for use
in a gambling place; or (iii) any vending or other electronic
machine or device, including, but not limited to, a machine or
device that awards credits and contains a circuit, meter, or
switch capable of removing and recording the removal of credits
that offers a person entry into any contest, competition,
sweepstakes, scheme, plan, or other selection process that
involves or is dependent upon an element of chance for which
the person may receive a gift, award, or other item or service
of value if that offer is incidental to or results from: (A)

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the purchase of an item or service of value; or (B) the
purchase or gratuitous receipt of a coupon, voucher,
certificate, or other similar credit that can be redeemed for
or applied towards an item or service of value from such
machine or device or elsewhere. It is the intent of item (iii)
of this subsection to prohibit any mechanism that seeks to
avoid being considered a gambling device through the use of any
subterfuge or pretense whatsoever. A "gambling device" does not
include:
(1) A coin-in-the-slot operated mechanical device
played for amusement which rewards the player with the
right to replay such mechanical device, which device is so
constructed or devised as to make such result of the
operation thereof depend in part upon the skill of the
player and which returns to the player thereof no money,
property, or right to receive money or property.
(2) Except as otherwise provided in subsection (a), a
vending machine Vending machines by which full and adequate
return is made for the money invested and in which there is
no element of chance or hazard.
(3) A crane game. For the purposes of this paragraph
(3), a "crane game" is an amusement device involving skill,
if it rewards the player exclusively with merchandise
contained within the amusement device proper and limited to
toys, novelties, and prizes other than currency, each
having a wholesale value which is not more than $25.

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(4) A redemption machine. For the purposes of this
paragraph (4), a "redemption machine" is a single-player or
multi-player amusement device involving a game, the object
of which is throwing, rolling, bowling, shooting, placing,
or propelling a ball or other object that is either
physical or computer generated on a display or with lights
into, upon, or against a hole or other target that is
either physical or computer generated on a display or with
lights, or stopping, by physical, mechanical, or
electronic means, a moving object that is either physical
or computer generated on a display or with lights into,
upon, or against a hole or other target that is either
physical or computer generated on a display or with lights,
provided that all of the following conditions are met:
(A) The outcome of the game is predominantly
determined by the skill of the player.
(B) The award of the prize is based solely upon the
player's achieving the object of the game or otherwise
upon the player's score.
(C) Only merchandise prizes are awarded.
(D) The wholesale value of prizes awarded in lieu
of tickets or tokens for single play of the device does
not exceed $25.
(E) The redemption value of tickets, tokens, and
other representations of value, which may be
accumulated by players to redeem prizes of greater

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value, for a single play of the device does not exceed
$25.
(5) Video gaming terminals at a licensed
establishment, licensed truck stop establishment, licensed
large truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment licensed
in accordance with the Video Gaming Act.
(a-5) "Internet" means an interactive computer service or
system or an information service, system, or access software
provider that provides or enables computer access by multiple
users to a computer server, and includes, but is not limited
to, an information service, system, or access software provider
that provides access to a network system commonly known as the
Internet, or any comparable system or service and also
includes, but is not limited to, a World Wide Web page,
newsgroup, message board, mailing list, or chat area on any
interactive computer service or system or other online service.
(a-6) "Access" has the meaning ascribed to the term in
Section 17-55.
(a-7) "Computer" has the meaning ascribed to the term in
Section 17-0.5.
(b) A "lottery" is any scheme or procedure whereby one or
more prizes are distributed by chance among persons who have
paid or promised consideration for a chance to win such prizes,
whether such scheme or procedure is called a lottery, raffle,
gift, sale, or some other name, excluding savings promotion

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raffles authorized under Section 5g of the Illinois Banking
Act, Section 7008 of the Savings Bank Act, Section 42.7 of the
Illinois Credit Union Act, Section 5136B of the National Bank
Act (12 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act
(12 U.S.C. 1463).
(c) A "policy game" is any scheme or procedure whereby a
person promises or guarantees by any instrument, bill,
certificate, writing, token, or other device that any
particular number, character, ticket, or certificate shall in
the event of any contingency in the nature of a lottery entitle
the purchaser or holder to receive money, property, or evidence
of debt.
(Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20;
revised 8-6-19.)
(720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
Sec. 28-5. Seizure of gambling devices and gambling funds.
(a) Every device designed for gambling which is incapable
of lawful use or every device used unlawfully for gambling
shall be considered a "gambling device", and shall be subject
to seizure, confiscation and destruction by the Department of
State Police or by any municipal, or other local authority,
within whose jurisdiction the same may be found. As used in
this Section, a "gambling device" includes any slot machine,
and includes any machine or device constructed for the
reception of money or other thing of value and so constructed

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as to return, or to cause someone to return, on chance to the
player thereof money, property or a right to receive money or
property, and a gambling device under item (iii) of subsection
(a) of Section 28-2. With the exception of any device designed
for gambling which is incapable of lawful use, no gambling
device shall be forfeited or destroyed unless an individual
with a property interest in said device knows of the unlawful
use of the device.
(b) Every gambling device shall be seized and forfeited to
the county wherein such seizure occurs. Any money or other
thing of value integrally related to acts of gambling shall be
seized and forfeited to the county wherein such seizure occurs.
(c) If, within 60 days after any seizure pursuant to
subparagraph (b) of this Section, a person having any property
interest in the seized property is charged with an offense, the
court which renders judgment upon such charge shall, within 30
days after such judgment, conduct a forfeiture hearing to
determine whether such property was a gambling device at the
time of seizure. Such hearing shall be commenced by a written
petition by the State, including material allegations of fact,
the name and address of every person determined by the State to
have any property interest in the seized property, a
representation that written notice of the date, time and place
of such hearing has been mailed to every such person by
certified mail at least 10 days before such date, and a request
for forfeiture. Every such person may appear as a party and

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present evidence at such hearing. The quantum of proof required
shall be a preponderance of the evidence, and the burden of
proof shall be on the State. If the court determines that the
seized property was a gambling device at the time of seizure,
an order of forfeiture and disposition of the seized property
shall be entered: a gambling device shall be received by the
State's Attorney, who shall effect its destruction, except that
valuable parts thereof may be liquidated and the resultant
money shall be deposited in the general fund of the county
wherein such seizure occurred; money and other things of value
shall be received by the State's Attorney and, upon
liquidation, shall be deposited in the general fund of the
county wherein such seizure occurred. However, in the event
that a defendant raises the defense that the seized slot
machine is an antique slot machine described in subparagraph
(b) (7) of Section 28-1 of this Code and therefore he is exempt
from the charge of a gambling activity participant, the seized
antique slot machine shall not be destroyed or otherwise
altered until a final determination is made by the Court as to
whether it is such an antique slot machine. Upon a final
determination by the Court of this question in favor of the
defendant, such slot machine shall be immediately returned to
the defendant. Such order of forfeiture and disposition shall,
for the purposes of appeal, be a final order and judgment in a
civil proceeding.
(d) If a seizure pursuant to subparagraph (b) of this

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Section is not followed by a charge pursuant to subparagraph
(c) of this Section, or if the prosecution of such charge is
permanently terminated or indefinitely discontinued without
any judgment of conviction or acquittal (1) the State's
Attorney shall commence an in rem proceeding for the forfeiture
and destruction of a gambling device, or for the forfeiture and
deposit in the general fund of the county of any seized money
or other things of value, or both, in the circuit court and (2)
any person having any property interest in such seized gambling
device, money or other thing of value may commence separate
civil proceedings in the manner provided by law.
(e) Any gambling device displayed for sale to a riverboat
gambling operation, casino gambling operation, or organization
gaming facility or used to train occupational licensees of a
riverboat gambling operation, casino gambling operation, or
organization gaming facility as authorized under the Illinois
Gambling Act is exempt from seizure under this Section.
(f) Any gambling equipment, devices, and supplies provided
by a licensed supplier in accordance with the Illinois Gambling
Act which are removed from a riverboat, casino, or organization
gaming facility for repair are exempt from seizure under this
Section.
(g) The following video gaming terminals are exempt from
seizure under this Section:
(1) Video gaming terminals for sale to a licensed
distributor or operator under the Video Gaming Act.

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(2) Video gaming terminals used to train licensed
technicians or licensed terminal handlers.
(3) Video gaming terminals that are removed from a
licensed establishment, licensed truck stop establishment,
licensed large truck stop establishment, licensed
fraternal establishment, or licensed veterans
establishment for repair.
(h) Property seized or forfeited under this Section is
subject to reporting under the Seizure and Forfeiture Reporting
Act.
(i) Any sports lottery terminals provided by a central
system provider that are removed from a lottery retailer for
repair under the Sports Wagering Act are exempt from seizure
under this Section.
(Source: P.A. 100-512, eff. 7-1-18; 101-31, Article 25, Section
25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff.
6-28-19; revised 7-12-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.