Bill Text: IL HB5814 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Sports Wagering Act. Repeals provisions concerning an exchange wager transaction tax. Repeals the following provisions concerning fantasy contests: (1) provisions providing that fantasy contests do not constitute gambling; (2) provisions concerning licensure of fantasy contest operators; and (3) provisions imposing a privilege tax on the privilege of holding a license to operate fantasy contests under the Act. Amends the Criminal Code of 2012. Repeals provisions providing that participants in certain fantasy contests shall not be convicted of gambling. Effective immediately.
Sponsorship: Partisan Bill (Republican 3)
Status: (Introduced - Dead) 2026-09-17 - Added Co-Sponsor Rep. Steven Reick [HB5814 Detail]
Download: Illinois-2025-HB5814-Introduced.html
| ||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | AN ACT concerning revenue. | |||||||||||||||||||||||||||||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||||||||||||||||||||||||||||||
| 4 | Section 5. The Sports Wagering Act is amended by changing | |||||||||||||||||||||||||||||||||||||||||||||||
| 5 | Sections 25-10, 25-25, 25-90, and 25-100 as follows: | |||||||||||||||||||||||||||||||||||||||||||||||
| 6 | (230 ILCS 45/25-10) | |||||||||||||||||||||||||||||||||||||||||||||||
| 7 | Sec. 25-10. Definitions. As used in this Act: | |||||||||||||||||||||||||||||||||||||||||||||||
| 8 | "Adjusted gross sports wagering receipts" means a master | |||||||||||||||||||||||||||||||||||||||||||||||
| 9 | sports wagering licensee's gross sports wagering receipts, | |||||||||||||||||||||||||||||||||||||||||||||||
| 10 | less winnings paid to wagerers in such games. | |||||||||||||||||||||||||||||||||||||||||||||||
| 11 | "Athlete" means any current or former professional athlete | |||||||||||||||||||||||||||||||||||||||||||||||
| 12 | or collegiate athlete. | |||||||||||||||||||||||||||||||||||||||||||||||
| 13 | "Board" means the Illinois Gaming Board. | |||||||||||||||||||||||||||||||||||||||||||||||
| 14 | "Covered persons" includes athletes; umpires, referees, | |||||||||||||||||||||||||||||||||||||||||||||||
| 15 | and officials; personnel associated with clubs, teams, | |||||||||||||||||||||||||||||||||||||||||||||||
| 16 | leagues, and athletic associations; medical professionals | |||||||||||||||||||||||||||||||||||||||||||||||
| 17 | (including athletic trainers) who provide services to athletes | |||||||||||||||||||||||||||||||||||||||||||||||
| 18 | and players; and the family members and associates of these | |||||||||||||||||||||||||||||||||||||||||||||||
| 19 | persons where required to serve the purposes of this Act. | |||||||||||||||||||||||||||||||||||||||||||||||
| 20 | "Exchange wager" includes an agreement, contract, | |||||||||||||||||||||||||||||||||||||||||||||||
| 21 | transaction, or swap that is offered, traded, or executed on a | |||||||||||||||||||||||||||||||||||||||||||||||
| 22 | prediction market or exchange tied to a sporting contest or | |||||||||||||||||||||||||||||||||||||||||||||||
| 23 | sporting event. | |||||||||||||||||||||||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | "Department" means the Department of the Lottery. | ||||||
| 2 | "Gaming facility" means a facility at which gambling | ||||||
| 3 | operations are conducted under the Illinois Gambling Act, | ||||||
| 4 | pari-mutuel wagering is conducted under the Illinois Horse | ||||||
| 5 | Racing Act of 1975, or sports wagering is conducted under this | ||||||
| 6 | Act. | ||||||
| 7 | "Official league data" means statistics, results, | ||||||
| 8 | outcomes, and other data related to a sports event obtained | ||||||
| 9 | pursuant to an agreement with the relevant sports governing | ||||||
| 10 | body, or an entity expressly authorized by the sports | ||||||
| 11 | governing body to provide such information to licensees, that | ||||||
| 12 | authorizes the use of such data for determining the outcome of | ||||||
| 13 | tier 2 sports wagers on such sports events. | ||||||
| 14 | "Organization licensee" has the meaning given to that term | ||||||
| 15 | in the Illinois Horse Racing Act of 1975. | ||||||
| 16 | "Owners licensee" means the holder of an owners license | ||||||
| 17 | under the Illinois Gambling Act. | ||||||
| 18 | "Person" means an individual, partnership, committee, | ||||||
| 19 | association, corporation, or any other organization or group | ||||||
| 20 | of persons. | ||||||
| 21 | "Personal biometric data" means an athlete's information | ||||||
| 22 | derived from DNA, heart rate, blood pressure, perspiration | ||||||
| 23 | rate, internal or external body temperature, hormone levels, | ||||||
| 24 | glucose levels, hydration levels, vitamin levels, bone | ||||||
| 25 | density, muscle density, and sleep patterns. | ||||||
| 26 | "Prohibited conduct" includes any statement, action, and | ||||||
| |||||||
| |||||||
| 1 | other communication intended to influence, manipulate, or | ||||||
| 2 | control a betting outcome of a sporting contest or of any | ||||||
| 3 | individual occurrence or performance in a sporting contest in | ||||||
| 4 | exchange for financial gain or to avoid financial or physical | ||||||
| 5 | harm. "Prohibited conduct" includes statements, actions, and | ||||||
| 6 | communications made to a covered person by a third party, such | ||||||
| 7 | as a family member or through social media. "Prohibited | ||||||
| 8 | conduct" does not include statements, actions, or | ||||||
| 9 | communications made or sanctioned by a team or sports | ||||||
| 10 | governing body. | ||||||
| 11 | "Qualified applicant" means an applicant for a license | ||||||
| 12 | under this Act whose application meets the mandatory minimum | ||||||
| 13 | qualification criteria as required by the Board. | ||||||
| 14 | "Sporting contest" means a sports event or game on which | ||||||
| 15 | the State allows sports wagering to occur under this Act. | ||||||
| 16 | "Sports event" means a professional sport or athletic | ||||||
| 17 | event, a collegiate sport or athletic event, a motor race | ||||||
| 18 | event, or any other event or competition of relative skill | ||||||
| 19 | authorized by the Board under this Act. | ||||||
| 20 | "Sports facility" means a facility that hosts sports | ||||||
| 21 | events and holds a seating capacity greater than 17,000 | ||||||
| 22 | persons, except in a municipality with a population of more | ||||||
| 23 | than 1,000,000, a seating capacity greater than 10,000 | ||||||
| 24 | persons. | ||||||
| 25 | "Sports governing body" means the organization that | ||||||
| 26 | prescribes final rules and enforces codes of conduct with | ||||||
| |||||||
| |||||||
| 1 | respect to a sports event and participants therein. | ||||||
| 2 | "Sports wagering" means accepting wagers on sports events | ||||||
| 3 | or portions of sports events, or on the individual performance | ||||||
| 4 | statistics of athletes in a sports event or combination of | ||||||
| 5 | sports events, by any system or method of wagering, including, | ||||||
| 6 | but not limited to, in person or over the Internet through | ||||||
| 7 | websites and on mobile devices. "Sports wagering" includes, | ||||||
| 8 | but is not limited to, single-game bets, teaser bets, parlays, | ||||||
| 9 | over-under, moneyline, pools, exchange wagering, in-game | ||||||
| 10 | wagering, in-play bets, proposition bets, and straight bets. | ||||||
| 11 | "Sports wagering" does not include fantasy contests as that | ||||||
| 12 | term is defined in Section 25-120.1. | ||||||
| 13 | "Sports wagering account" means a financial record | ||||||
| 14 | established by a master sports wagering licensee for an | ||||||
| 15 | individual patron in which the patron may deposit and withdraw | ||||||
| 16 | funds for sports wagering and other authorized purchases and | ||||||
| 17 | to which the master sports wagering licensee may credit | ||||||
| 18 | winnings or other amounts due to that patron or authorized by | ||||||
| 19 | that patron. | ||||||
| 20 | "Tier 1 sports wager" means a sports wager that is | ||||||
| 21 | determined solely by the final score or final outcome of the | ||||||
| 22 | sports event and is placed before the sports event has begun. | ||||||
| 23 | "Tier 2 sports wager" means a sports wager that is not a | ||||||
| 24 | tier 1 sports wager. | ||||||
| 25 | "Wager" means a sum of money or thing of value risked on an | ||||||
| 26 | uncertain occurrence. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 104-468, Article 130, Section 130-5, eff. | ||||||
| 2 | 6-16-26; 104-468, Article 140, Section 140-10, eff. 6-16-26; | ||||||
| 3 | revised 7-13-26.) | ||||||
| 4 | (230 ILCS 45/25-25) | ||||||
| 5 | Sec. 25-25. Sports wagering authorized. | ||||||
| 6 | (a) Notwithstanding any provision of law to the contrary, | ||||||
| 7 | the operation of sports wagering is only lawful when conducted | ||||||
| 8 | in accordance with the provisions of this Act and the rules of | ||||||
| 9 | the Illinois Gaming Board and the Department of the Lottery. | ||||||
| 10 | (b) A person placing a wager under this Act shall be at | ||||||
| 11 | least 21 years of age. | ||||||
| 12 | (c) A licensee under this Act may not accept a wager on a | ||||||
| 13 | minor league sports event. | ||||||
| 14 | (d) Except as otherwise provided in this Section, a | ||||||
| 15 | licensee under this Act may not accept a wager for a sports | ||||||
| 16 | event involving an Illinois collegiate team. | ||||||
| 17 | (d-5) Beginning on the effective date of this amendatory | ||||||
| 18 | Act of the 102nd General Assembly until July 1, 2024, a | ||||||
| 19 | licensee under this Act may accept a wager for a sports event | ||||||
| 20 | involving an Illinois collegiate team if: | ||||||
| 21 | (1) the wager is a tier 1 wager; | ||||||
| 22 | (2) the wager is not related to an individual | ||||||
| 23 | athlete's performance; and | ||||||
| 24 | (3) the wager is made in person instead of over the | ||||||
| 25 | Internet or through a mobile application. | ||||||
| |||||||
| |||||||
| 1 | (e) A licensee under this Act may only accept a wager from | ||||||
| 2 | a person physically located in the State. | ||||||
| 3 | (f) Master sports wagering licensees may use any data | ||||||
| 4 | source for determining the results of all tier 1 sports | ||||||
| 5 | wagers. | ||||||
| 6 | (g) A sports governing body headquartered in the United | ||||||
| 7 | States may notify the Board that it desires to supply official | ||||||
| 8 | league data to master sports wagering licensees for | ||||||
| 9 | determining the results of tier 2 sports wagers. Such | ||||||
| 10 | notification shall be made in the form and manner as the Board | ||||||
| 11 | may require. If a sports governing body does not notify the | ||||||
| 12 | Board of its desire to supply official league data, a master | ||||||
| 13 | sports wagering licensee may use any data source for | ||||||
| 14 | determining the results of any and all tier 2 sports wagers on | ||||||
| 15 | sports contests for that sports governing body. | ||||||
| 16 | Within 30 days of a sports governing body notifying the | ||||||
| 17 | Board, master sports wagering licensees shall use only | ||||||
| 18 | official league data to determine the results of tier 2 sports | ||||||
| 19 | wagers on sports events sanctioned by that sports governing | ||||||
| 20 | body, unless: (1) the sports governing body or designee cannot | ||||||
| 21 | provide a feed of official league data to determine the | ||||||
| 22 | results of a particular type of tier 2 sports wager, in which | ||||||
| 23 | case master sports wagering licensees may use any data source | ||||||
| 24 | for determining the results of the applicable tier 2 sports | ||||||
| 25 | wager until such time as such data feed becomes available on | ||||||
| 26 | commercially reasonable terms; or (2) a master sports wagering | ||||||
| |||||||
| |||||||
| 1 | licensee can demonstrate to the Board that the sports | ||||||
| 2 | governing body or its designee cannot provide a feed of | ||||||
| 3 | official league data to the master sports wagering licensee on | ||||||
| 4 | commercially reasonable terms. During the pendency of the | ||||||
| 5 | Board's determination, such master sports wagering licensee | ||||||
| 6 | may use any data source for determining the results of any and | ||||||
| 7 | all tier 2 sports wagers. | ||||||
| 8 | (h) A licensee under this Act may not accept wagers on a | ||||||
| 9 | kindergarten through 12th grade sports event. | ||||||
| 10 | (i) (Blank). A licensee may offer pool sports wagering to | ||||||
| 11 | State patrons where State patrons compete against patrons | ||||||
| 12 | located outside of the State. In such cases, the pool must be | ||||||
| 13 | expressly permitted in all jurisdictions in which it is | ||||||
| 14 | offered and must comply with all laws, rules, and regulations | ||||||
| 15 | in all jurisdictions in which it is offered. The adjusted | ||||||
| 16 | gross sports wagering receipts of an interstate pool shall be | ||||||
| 17 | determined by the total value of all wagers placed in the State | ||||||
| 18 | less the proportional pro rata value of all winnings paid to | ||||||
| 19 | patrons. The pro rata value of all winnings shall be | ||||||
| 20 | determined by the ratio of the total value of all wagers placed | ||||||
| 21 | in the State divided by the total value of all wagers placed in | ||||||
| 22 | the pool, to the nearest .01%. | ||||||
| 23 | (Source: P.A. 103-4, eff. 5-31-23; 104-468, eff. 6-16-26.) | ||||||
| 24 | (230 ILCS 45/25-90) | ||||||
| 25 | Sec. 25-90. Tax; Sports Wagering Fund. | ||||||
| |||||||
| |||||||
| 1 | (a) For the privilege of holding a license to operate | ||||||
| 2 | sports wagering under this Act until June 30, 2024, this State | ||||||
| 3 | shall impose and collect 15% of a master sports wagering | ||||||
| 4 | licensee's adjusted gross sports wagering receipts from sports | ||||||
| 5 | wagering. The accrual method of accounting shall be used for | ||||||
| 6 | purposes of calculating the amount of the tax owed by the | ||||||
| 7 | licensee. | ||||||
| 8 | The taxes levied and collected pursuant to this subsection | ||||||
| 9 | (a) are due and payable to the Board no later than the last day | ||||||
| 10 | of the month following the calendar month in which the | ||||||
| 11 | adjusted gross sports wagering receipts were received and the | ||||||
| 12 | tax obligation was accrued. | ||||||
| 13 | (a-5) In addition to the tax imposed under subsection (a), | ||||||
| 14 | (d), (d-5), or (d-7) of this Section, for the privilege of | ||||||
| 15 | holding a license to operate sports wagering under this Act, | ||||||
| 16 | the State shall impose and collect 2% of the adjusted gross | ||||||
| 17 | receipts from sports wagers that are placed within a home rule | ||||||
| 18 | county with a population of over 3,000,000 inhabitants, which | ||||||
| 19 | shall be paid, subject to appropriation from the General | ||||||
| 20 | Assembly, from the Sports Wagering Fund to that home rule | ||||||
| 21 | county for the purpose of enhancing the county's criminal | ||||||
| 22 | justice system. | ||||||
| 23 | (b) The Sports Wagering Fund is hereby created as a | ||||||
| 24 | special fund in the State treasury. Except as otherwise | ||||||
| 25 | provided in this Act, all moneys collected under this Act by | ||||||
| 26 | the Board shall be deposited into the Sports Wagering Fund. | ||||||
| |||||||
| |||||||
| 1 | Through August 25, 2024, on the 25th of each month, any moneys | ||||||
| 2 | remaining in the Sports Wagering Fund in excess of the | ||||||
| 3 | anticipated monthly expenditures from the Fund through the | ||||||
| 4 | next month, as certified by the Board to the State | ||||||
| 5 | Comptroller, shall be transferred by the State Comptroller and | ||||||
| 6 | the State Treasurer to the Capital Projects Fund. Beginning | ||||||
| 7 | September 25, 2024, on the 25th of each month, of the moneys | ||||||
| 8 | remaining in the Sports Wagering Fund in excess of the | ||||||
| 9 | anticipated monthly expenditures from the Fund through the | ||||||
| 10 | next month, as certified by the Board to the State | ||||||
| 11 | Comptroller, the State Comptroller shall direct and the State | ||||||
| 12 | Treasurer shall transfer 58% to the General Revenue Fund and | ||||||
| 13 | 42% to the Capital Projects Fund. | ||||||
| 14 | (c) Beginning with July 2021, and on a monthly basis | ||||||
| 15 | thereafter, the Board shall certify to the State Comptroller | ||||||
| 16 | the amount of license fees collected in the month for initial | ||||||
| 17 | licenses issued under this Act, except for occupational | ||||||
| 18 | licenses. As soon after certification as practicable, the | ||||||
| 19 | State Comptroller shall direct and the State Treasurer shall | ||||||
| 20 | transfer the certified amount from the Sports Wagering Fund to | ||||||
| 21 | the Rebuild Illinois Projects Fund. | ||||||
| 22 | (d) Beginning on July 1, 2024, and for each 12-month | ||||||
| 23 | period thereafter, for the privilege of holding a license to | ||||||
| 24 | operate sports wagering under this Act, this State shall | ||||||
| 25 | impose a privilege tax on the master sports licensee's | ||||||
| 26 | adjusted gross sports wagering receipts from sports wagering | ||||||
| |||||||
| |||||||
| 1 | over the Internet or through a mobile application based on the | ||||||
| 2 | following rates: | ||||||
| 3 | 20% of annual adjusted gross sports wagering receipts | ||||||
| 4 | up to and including $30,000,000. | ||||||
| 5 | 25% of annual adjusted gross sports wagering receipts | ||||||
| 6 | in excess of $30,000,000 but not exceeding $50,000,000. | ||||||
| 7 | 30% of annual adjusted gross sports wagering receipts | ||||||
| 8 | in excess of $50,000,000 but not exceeding $100,000,000. | ||||||
| 9 | 35% of annual adjusted gross sports wagering receipts | ||||||
| 10 | in excess of $100,000,000 but not exceeding $200,000,000. | ||||||
| 11 | 40% of annual adjusted gross sports wagering receipts | ||||||
| 12 | in excess of $200,000,000. | ||||||
| 13 | (d-5) Beginning on July 1, 2024, and for each 12-month | ||||||
| 14 | period thereafter, for the privilege of holding a license to | ||||||
| 15 | operate sports wagering under this Act, this State shall | ||||||
| 16 | impose a privilege tax on the master sports licensee's | ||||||
| 17 | adjusted gross sports wagering receipts from sports wagering | ||||||
| 18 | from other than over the Internet or through a mobile | ||||||
| 19 | application based on the following rates: | ||||||
| 20 | 20% of annual adjusted gross sports wagering receipts | ||||||
| 21 | up to and including $30,000,000. | ||||||
| 22 | 25% of annual adjusted gross sports wagering receipts | ||||||
| 23 | in excess of $30,000,000 but not exceeding $50,000,000. | ||||||
| 24 | 30% of annual adjusted gross sports wagering receipts | ||||||
| 25 | in excess of $50,000,000 but not exceeding $100,000,000. | ||||||
| 26 | 35% of annual adjusted gross sports wagering receipts | ||||||
| |||||||
| |||||||
| 1 | in excess of $100,000,000 but not exceeding $200,000,000. | ||||||
| 2 | 40% of annual adjusted gross sports wagering receipts | ||||||
| 3 | in excess of $200,000,000. | ||||||
| 4 | (d-7) Beginning on July 1, 2025, and each month | ||||||
| 5 | thereafter, for the privilege of holding a license to operate | ||||||
| 6 | sports wagering under this Act, this State shall impose a | ||||||
| 7 | wager tax on each master sports licensee for each individual | ||||||
| 8 | wager placed with the master sports licensee for sports | ||||||
| 9 | wagering over the Internet or through a mobile application. | ||||||
| 10 | The tax shall be based on the following schedule and shall be | ||||||
| 11 | in addition to any other taxes or fees imposed under this Act: | ||||||
| 12 | The tax shall be $0.25 per wager for the first 20,000,000 | ||||||
| 13 | annual combined Tier 1 and Tier 2 wagers. | ||||||
| 14 | The tax shall be $0.50 per wager for each wager in excess | ||||||
| 15 | of 20,000,000 annual combined Tier 1 and Tier 2 wagers. | ||||||
| 16 | The tax levied under this subsection shall be deposited | ||||||
| 17 | monthly into the Sports Wagering Fund. The Board shall certify | ||||||
| 18 | all amounts deposited into the Sports Wagering Fund under this | ||||||
| 19 | subsection to the State Comptroller. The State Comptroller | ||||||
| 20 | shall direct and the State Treasurer shall transfer that | ||||||
| 21 | certified amount from the Sports Wagering Fund to the General | ||||||
| 22 | Revenue Fund. | ||||||
| 23 | As used in this subsection, "annual combined Tier 1 and | ||||||
| 24 | Tier 2 wagers" means the total number of individual wagers | ||||||
| 25 | placed with the licensee, regardless of outcome or payout in a | ||||||
| 26 | given fiscal year. | ||||||
| |||||||
| |||||||
| 1 | (d-10) The accrual method of accounting shall be used for | ||||||
| 2 | purposes of calculating the amount of the tax owed by the | ||||||
| 3 | licensee. | ||||||
| 4 | (d-15) The taxes levied and collected pursuant to | ||||||
| 5 | subsections (d) (d-5), and (d-7) are due and payable to the | ||||||
| 6 | Board no later than the last day of the month following the | ||||||
| 7 | calendar month in which the adjusted gross sports wagering | ||||||
| 8 | receipts were received and the tax obligation was accrued. | ||||||
| 9 | (d-20) (Blank). In addition to all other taxes and | ||||||
| 10 | payments owed under this Act, any wagers offered under this | ||||||
| 11 | Act shall be subject to incur a transaction tax equal to the | ||||||
| 12 | 1.75% of each exchange wager. After the first five million | ||||||
| 13 | exchange wagers conducted by a licensee during a fiscal year, | ||||||
| 14 | the transaction tax imposed under this subsection shall | ||||||
| 15 | increase to 3.5% of each exchange wager. | ||||||
| 16 | The tax levied under this subsection shall be deposited | ||||||
| 17 | monthly into the Sports Wagering Fund. The Board shall certify | ||||||
| 18 | all amounts deposited into the Sports Wagering Fund under this | ||||||
| 19 | subsection to the State Comptroller. The State Comptroller | ||||||
| 20 | shall direct and the State Treasurer shall transfer that | ||||||
| 21 | certified amount from the Sports Wagering Fund to the General | ||||||
| 22 | Revenue Fund. | ||||||
| 23 | (e) Annually, a master sports wagering licensee shall | ||||||
| 24 | transmit to the Board an audit of the financial transactions | ||||||
| 25 | and condition of the licensee's total operations. | ||||||
| 26 | Additionally, within 90 days after the end of each quarter of | ||||||
| |||||||
| |||||||
| 1 | each fiscal year, the master sports wagering licensee shall | ||||||
| 2 | transmit to the Board a compliance report on engagement | ||||||
| 3 | procedures determined by the Board. All audits and compliance | ||||||
| 4 | engagements shall be conducted by certified public accountants | ||||||
| 5 | selected by the Board. Each certified public accountant must | ||||||
| 6 | be registered in the State of Illinois under the Illinois | ||||||
| 7 | Public Accounting Act. The compensation for each certified | ||||||
| 8 | public accountant shall be paid directly by the master sports | ||||||
| 9 | wagering licensee to the certified public accountant. | ||||||
| 10 | (Source: P.A. 103-592, eff. 6-7-24; 104-6, eff. 6-16-25; | ||||||
| 11 | 104-468, eff. 6-16-26.) | ||||||
| 12 | (230 ILCS 45/25-100) | ||||||
| 13 | Sec. 25-100. Voluntary self-exclusion program for sports | ||||||
| 14 | wagering and fantasy contests. Any resident, or non-resident | ||||||
| 15 | if allowed to participate in sports wagering or fantasy | ||||||
| 16 | contests, may voluntarily prohibit himself or herself from | ||||||
| 17 | establishing a sports wagering account or fantasy contest | ||||||
| 18 | account with a licensee under this Act. The Board and | ||||||
| 19 | Department shall incorporate the voluntary self-exclusion | ||||||
| 20 | program for sports wagering and fantasy contests into any | ||||||
| 21 | existing self-exclusion program that it operates on the | ||||||
| 22 | effective date of this Act. | ||||||
| 23 | (Source: P.A. 104-468, eff. 6-16-26.) | ||||||
| 24 | (230 ILCS 45/25-120 rep.) | ||||||
| |||||||
| |||||||
| 1 | (230 ILCS 45/25-120.1 rep.) | ||||||
| 2 | (230 ILCS 45/25-120.2 rep.) | ||||||
| 3 | (230 ILCS 45/25-120.3 rep.) | ||||||
| 4 | (230 ILCS 45/25-120.4 rep.) | ||||||
| 5 | (230 ILCS 45/25-120.5 rep.) | ||||||
| 6 | (230 ILCS 45/25-120.6 rep.) | ||||||
| 7 | (230 ILCS 45/25-120.7 rep.) | ||||||
| 8 | (230 ILCS 45/25-120.8 rep.) | ||||||
| 9 | Section 10. The Sports Wagering Act is amended by | ||||||
| 10 | repealing Sections 25-120, 25-120.1, 25-120.2, 25-120.3, | ||||||
| 11 | 25-120.4, 25-120.5, 25-120.6, 25-120.7, and 25-120.8. | ||||||
| 12 | Section 15. The Criminal Code of 2012 is amended by | ||||||
| 13 | changing Sections 28-1 and 28-8 as follows: | ||||||
| 14 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1) | ||||||
| 15 | Sec. 28-1. Gambling. | ||||||
| 16 | (a) A person commits gambling when he or she: | ||||||
| 17 | (1) knowingly plays a game of chance or skill for | ||||||
| 18 | money or other thing of value, unless excepted in | ||||||
| 19 | subsection (b) of this Section; | ||||||
| 20 | (2) knowingly makes a wager upon the result of any | ||||||
| 21 | game, contest, or any political nomination, appointment or | ||||||
| 22 | election; | ||||||
| 23 | (3) knowingly operates, keeps, owns, uses, purchases, | ||||||
| 24 | exhibits, rents, sells, bargains for the sale or lease of, | ||||||
| |||||||
| |||||||
| 1 | manufactures or distributes any gambling device; | ||||||
| 2 | (4) contracts to have or give himself or herself or | ||||||
| 3 | another the option to buy or sell, or contracts to buy or | ||||||
| 4 | sell, at a future time, any grain or other commodity | ||||||
| 5 | whatsoever, or any stock or security of any company, where | ||||||
| 6 | it is at the time of making such contract intended by both | ||||||
| 7 | parties thereto that the contract to buy or sell, or the | ||||||
| 8 | option, whenever exercised, or the contract resulting | ||||||
| 9 | therefrom, shall be settled, not by the receipt or | ||||||
| 10 | delivery of such property, but by the payment only of | ||||||
| 11 | differences in prices thereof; however, the issuance, | ||||||
| 12 | purchase, sale, exercise, endorsement or guarantee, by or | ||||||
| 13 | through a person registered with the Secretary of State | ||||||
| 14 | pursuant to Section 8 of the Illinois Securities Law of | ||||||
| 15 | 1953, or by or through a person exempt from such | ||||||
| 16 | registration under said Section 8, of a put, call, or | ||||||
| 17 | other option to buy or sell securities which have been | ||||||
| 18 | registered with the Secretary of State or which are exempt | ||||||
| 19 | from such registration under Section 3 of the Illinois | ||||||
| 20 | Securities Law of 1953 is not gambling within the meaning | ||||||
| 21 | of this paragraph (4); | ||||||
| 22 | (5) knowingly owns or possesses any book, instrument | ||||||
| 23 | or apparatus by means of which bets or wagers have been, or | ||||||
| 24 | are, recorded or registered, or knowingly possesses any | ||||||
| 25 | money which he has received in the course of a bet or | ||||||
| 26 | wager; | ||||||
| |||||||
| |||||||
| 1 | (6) knowingly sells pools upon the result of any game | ||||||
| 2 | or contest of skill or chance, political nomination, | ||||||
| 3 | appointment or election; | ||||||
| 4 | (7) knowingly sets up or promotes any lottery or | ||||||
| 5 | sells, offers to sell or transfers any ticket or share for | ||||||
| 6 | any lottery; | ||||||
| 7 | (8) knowingly sets up or promotes any policy game or | ||||||
| 8 | sells, offers to sell or knowingly possesses or transfers | ||||||
| 9 | any policy ticket, slip, record, document or other similar | ||||||
| 10 | device; | ||||||
| 11 | (9) knowingly drafts, prints or publishes any lottery | ||||||
| 12 | ticket or share, or any policy ticket, slip, record, | ||||||
| 13 | document or similar device, except for such activity | ||||||
| 14 | related to lotteries, bingo games and raffles authorized | ||||||
| 15 | by and conducted in accordance with the laws of Illinois | ||||||
| 16 | or any other state or foreign government; | ||||||
| 17 | (10) knowingly advertises any lottery or policy game, | ||||||
| 18 | except for such activity related to lotteries, bingo games | ||||||
| 19 | and raffles authorized by and conducted in accordance with | ||||||
| 20 | the laws of Illinois or any other state; | ||||||
| 21 | (11) knowingly transmits information as to wagers, | ||||||
| 22 | betting odds, or changes in betting odds by telephone, | ||||||
| 23 | telegraph, radio, semaphore or similar means; or knowingly | ||||||
| 24 | installs or maintains equipment for the transmission or | ||||||
| 25 | receipt of such information; except that nothing in this | ||||||
| 26 | subdivision (11) prohibits transmission or receipt of such | ||||||
| |||||||
| |||||||
| 1 | information for use in news reporting of sporting events | ||||||
| 2 | or contests; or | ||||||
| 3 | (12) knowingly establishes, maintains, or operates an | ||||||
| 4 | Internet site that permits a person to play a game of | ||||||
| 5 | chance or skill for money or other thing of value by means | ||||||
| 6 | of the Internet or to make a wager upon the result of any | ||||||
| 7 | game, contest, political nomination, appointment, or | ||||||
| 8 | election by means of the Internet. This item (12) does not | ||||||
| 9 | apply to activities referenced in items (6), (6.1), (8), | ||||||
| 10 | (8.1), and (15) of subsection (b) of this Section. | ||||||
| 11 | (b) Participants in any of the following activities shall | ||||||
| 12 | not be convicted of gambling: | ||||||
| 13 | (1) Agreements to compensate for loss caused by the | ||||||
| 14 | happening of chance including without limitation contracts | ||||||
| 15 | of indemnity or guaranty and life or health or accident | ||||||
| 16 | insurance. | ||||||
| 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 to | ||||||
| 20 | the owners of animals or vehicles entered in such contest. | ||||||
| 21 | (3) Pari-mutuel betting as authorized by the law of | ||||||
| 22 | this State. | ||||||
| 23 | (4) Manufacture of gambling devices, including the | ||||||
| 24 | acquisition of essential parts therefor and the assembly | ||||||
| 25 | thereof, for transportation in interstate or foreign | ||||||
| 26 | commerce to any place outside this State when such | ||||||
| |||||||
| |||||||
| 1 | transportation is not prohibited by any applicable Federal | ||||||
| 2 | law; or the manufacture, distribution, or possession of | ||||||
| 3 | video gaming terminals, as defined in the Video Gaming | ||||||
| 4 | Act, by manufacturers, distributors, and terminal | ||||||
| 5 | operators licensed to do so under the Video Gaming Act. | ||||||
| 6 | (5) The game commonly known as "bingo", when conducted | ||||||
| 7 | in accordance with the Bingo License and Tax Act. | ||||||
| 8 | (6) Lotteries when conducted by the State of Illinois | ||||||
| 9 | in accordance with the Illinois Lottery Law. This | ||||||
| 10 | exemption includes any activity conducted by the | ||||||
| 11 | Department of Revenue to sell lottery tickets pursuant to | ||||||
| 12 | the provisions of the Illinois Lottery Law and its rules. | ||||||
| 13 | (6.1) The purchase of lottery tickets through the | ||||||
| 14 | Internet for a lottery conducted by the State of Illinois | ||||||
| 15 | under the program established in Section 7.12 of the | ||||||
| 16 | Illinois Lottery Law. | ||||||
| 17 | (7) Possession of an antique slot machine that is | ||||||
| 18 | neither used nor intended to be used in the operation or | ||||||
| 19 | promotion of any unlawful gambling activity or enterprise. | ||||||
| 20 | For the purpose of this subparagraph (b)(7), an antique | ||||||
| 21 | slot machine is one manufactured 25 years ago or earlier. | ||||||
| 22 | (8) Raffles and poker runs when conducted in | ||||||
| 23 | accordance with the Raffles and Poker Runs Act. | ||||||
| 24 | (8.1) The purchase of raffle chances for a raffle | ||||||
| 25 | conducted in accordance with the Raffles and Poker Runs | ||||||
| 26 | Act. | ||||||
| |||||||
| |||||||
| 1 | (9) Charitable games when conducted in accordance with | ||||||
| 2 | the Charitable Games Act. | ||||||
| 3 | (10) Pull tabs and jar games when conducted under the | ||||||
| 4 | Illinois Pull Tabs and Jar Games Act. | ||||||
| 5 | (11) Gambling games when authorized by the Illinois | ||||||
| 6 | Gambling Act. | ||||||
| 7 | (12) Video gaming terminal games at a licensed | ||||||
| 8 | establishment, licensed truck stop establishment, licensed | ||||||
| 9 | large truck stop establishment, licensed fraternal | ||||||
| 10 | establishment, or licensed veterans establishment when | ||||||
| 11 | conducted in accordance with the Video Gaming Act. | ||||||
| 12 | (13) Games of skill or chance where money or other | ||||||
| 13 | things of value can be won but no payment or purchase is | ||||||
| 14 | required to participate. | ||||||
| 15 | (14) Savings promotion raffles authorized under | ||||||
| 16 | Section 5g of the Illinois Banking Act, Section 7008 of | ||||||
| 17 | the Savings Bank Act, Section 42.7 of the Illinois Credit | ||||||
| 18 | Union Act, Section 5136B of the National Bank Act (12 | ||||||
| 19 | U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 | ||||||
| 20 | U.S.C. 1463). | ||||||
| 21 | (15) Sports wagering when conducted in accordance with | ||||||
| 22 | the Sports Wagering Act. | ||||||
| 23 | (16) (Blank). Fantasy contests conducted in accordance | ||||||
| 24 | with Sections 25-120 through 25-120.8 of the Sports | ||||||
| 25 | Wagering Act. | ||||||
| 26 | (c) Sentence. | ||||||
| |||||||
| |||||||
| 1 | Gambling is a Class A misdemeanor. A second or subsequent | ||||||
| 2 | conviction under subsections (a)(3) through (a)(12), is a | ||||||
| 3 | Class 4 felony. | ||||||
| 4 | (d) Circumstantial evidence. | ||||||
| 5 | In prosecutions under this Section circumstantial evidence | ||||||
| 6 | shall have the same validity and weight as in any criminal | ||||||
| 7 | prosecution. | ||||||
| 8 | (Source: P.A. 104-468, eff. 6-16-26.) | ||||||
| 9 | (720 ILCS 5/28-8) (from Ch. 38, par. 28-8) | ||||||
| 10 | Sec. 28-8. Gambling losses recoverable. | ||||||
| 11 | (a) Any person who by gambling shall lose to any other | ||||||
| 12 | person, any sum of money or thing of value, amounting to the | ||||||
| 13 | sum of $50 or more and shall pay or deliver the same or any | ||||||
| 14 | part thereof, may sue for and recover the money or other thing | ||||||
| 15 | of value, so lost and paid or delivered, in a civil action | ||||||
| 16 | against the winner thereof, with costs, in the circuit court. | ||||||
| 17 | No person who accepts from another person for transmission, | ||||||
| 18 | and transmits, either in his own name or in the name of such | ||||||
| 19 | other person, any order for any transaction to be made upon, or | ||||||
| 20 | who executes any order given to him by another person, or who | ||||||
| 21 | executes any transaction for his own account on, any regular | ||||||
| 22 | board of trade or commercial, commodity or stock exchange, | ||||||
| 23 | shall, under any circumstances, be deemed a "winner" of any | ||||||
| 24 | moneys lost by such other person in or through any such | ||||||
| 25 | transactions. | ||||||
| |||||||
| |||||||
| 1 | (b) If within 6 months, such person who under the terms of | ||||||
| 2 | Subsection 28-8(a) is entitled to initiate action to recover | ||||||
| 3 | his losses does not in fact pursue his remedy, any person may | ||||||
| 4 | initiate a civil action against the winner. The court or the | ||||||
| 5 | jury, as the case may be, shall determine the amount of the | ||||||
| 6 | loss. After such determination, the court shall enter a | ||||||
| 7 | judgment of triple the amount so determined. | ||||||
| 8 | (c) Gambling losses as a result of gambling conducted on a | ||||||
| 9 | video gaming terminal licensed under the Video Gaming Act are | ||||||
| 10 | not recoverable under this Section. | ||||||
| 11 | (d) (Blank). Losses as a result of participation in | ||||||
| 12 | single-player fantasy contests against a fantasy contest | ||||||
| 13 | operator prior to the effective date of this amendatory Act of | ||||||
| 14 | the 104th General Assembly are not recoverable under this | ||||||
| 15 | Section. | ||||||
| 16 | (e) (Blank). Losses as a result of participation in | ||||||
| 17 | fantasy contests conducted under Sections 25-120 through | ||||||
| 18 | 25-120.8 of the Sports Wagering Act are not recoverable under | ||||||
| 19 | this Section. | ||||||
| 20 | (Source: P.A. 104-468, eff. 6-16-26.) | ||||||
| 21 | Section 99. Effective date. This Act takes effect upon | ||||||
| 22 | becoming law. | ||||||
