Bill Text: IL SB3312 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Charitable Games Act. Provides that the Department of Revenue shall issue a charitable games license only for the conduct of a poker run to a non-profit organization that the Department determines is organized for the sole purpose of providing financial assistance to an identified individual or group of individuals suffering extreme financial hardship as a result of an illness, disability, accident, or disaster. Further provides that any organization applying for a license to conduct a poker run shall list the name and address of each predetermined location and that any premises that is listed as a predetermined location of a poker run shall not be required to obtain a providers' license for such poker run so long as the provider does not charge any fee or seek any other compensation for the use of the premises. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 11-5)
Status: (Passed) 2014-06-10 - Public Act . . . . . . . . . 98-0644 [SB3312 Detail]
Download: Illinois-2013-SB3312-Amended.html
Bill Title: Amends the Charitable Games Act. Provides that the Department of Revenue shall issue a charitable games license only for the conduct of a poker run to a non-profit organization that the Department determines is organized for the sole purpose of providing financial assistance to an identified individual or group of individuals suffering extreme financial hardship as a result of an illness, disability, accident, or disaster. Further provides that any organization applying for a license to conduct a poker run shall list the name and address of each predetermined location and that any premises that is listed as a predetermined location of a poker run shall not be required to obtain a providers' license for such poker run so long as the provider does not charge any fee or seek any other compensation for the use of the premises. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 11-5)
Status: (Passed) 2014-06-10 - Public Act . . . . . . . . . 98-0644 [SB3312 Detail]
Download: Illinois-2013-SB3312-Amended.html
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1 | AMENDMENT TO SENATE BILL 3312
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2 | AMENDMENT NO. ______. Amend Senate Bill 3312 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Raffles Act is amended by changing Sections | ||||||
5 | 1 and 2 as follows:
| ||||||
6 | (230 ILCS 15/1) (from Ch. 85, par. 2301)
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7 | Sec. 1. Definitions. ) For the purposes of this Act the | ||||||
8 | terms defined
in this Section have the meanings given them.
| ||||||
9 | "Net Proceeds" means the gross receipts from the conduct of | ||||||
10 | raffles, less
reasonable sums expended for prizes, local | ||||||
11 | license fees and other reasonable
operating expenses incurred | ||||||
12 | as a result of operating a raffle.
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13 | "Key location" means the location where the poker run | ||||||
14 | concludes and the prize or prizes are awarded. | ||||||
15 | "Poker run" means a raffle event organized by an | ||||||
16 | organization licensed under this Act in which participants |
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| |||||||
1 | travel to multiple predetermined locations, including a key | ||||||
2 | location, drawing a playing card or equivalent item at each | ||||||
3 | location, in order to assemble a facsimile of a poker hand or | ||||||
4 | other numeric score. "Poker run" includes dice runs, marble | ||||||
5 | runs, or other events where the objective is to build the best | ||||||
6 | hand or highest score by obtaining an item at each location. | ||||||
7 | "Raffle" means a form of lottery, as defined in Section | ||||||
8 | 28-2(b) of the
Criminal Code of 2012, conducted by an | ||||||
9 | organization licensed under this Act, in which:
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10 | (1) the player pays or agrees to pay something of value | ||||||
11 | for a chance,
represented and differentiated by a number or | ||||||
12 | by a combination of numbers
or by some other medium, one or | ||||||
13 | more of which chances is to be designated
the winning | ||||||
14 | chance;
| ||||||
15 | (2) the winning chance is to be determined through a | ||||||
16 | drawing or by some
other method based on an element of | ||||||
17 | chance by an act or set of acts on the
part of persons | ||||||
18 | conducting or connected with the lottery, except that the
| ||||||
19 | winning chance shall not be determined by the outcome of a | ||||||
20 | publicly exhibited
sporting contest.
| ||||||
21 | "Raffle" includes a poker run. | ||||||
22 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
23 | (230 ILCS 15/2) (from Ch. 85, par. 2302)
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24 | Sec. 2. Licensing. | ||||||
25 | (a) The governing body of any county or municipality
within |
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1 | this State may establish a system for the licensing of | ||||||
2 | organizations
to operate raffles. The governing bodies of a | ||||||
3 | county and one or more
municipalities may, pursuant to a | ||||||
4 | written contract, jointly establish a
system for the licensing | ||||||
5 | of organizations to operate raffles within any
area of | ||||||
6 | contiguous territory not contained within the corporate limits | ||||||
7 | of a
municipality which is not a party to such contract. The | ||||||
8 | governing bodies
of two or more adjacent counties or two or | ||||||
9 | more adjacent municipalities
located within a county may, | ||||||
10 | pursuant to a written contract, jointly
establish a system for | ||||||
11 | the licensing of organizations to operate raffles
within the | ||||||
12 | corporate limits of such counties or municipalities. The
| ||||||
13 | licensing authority may establish special categories of | ||||||
14 | licenses and
promulgate rules relating to the various | ||||||
15 | categories. The licensing system
shall provide for limitations | ||||||
16 | upon (1) the aggregate retail value of all
prizes or | ||||||
17 | merchandise awarded by a licensee in a single raffle, (2) the
| ||||||
18 | maximum retail value of each prize awarded by a licensee in a | ||||||
19 | single raffle,
(3) the maximum price which may be charged for | ||||||
20 | each raffle chance issued
or sold and (4) the maximum number of | ||||||
21 | days during which chances may be issued
or sold. The licensing | ||||||
22 | system may include a fee for each license in an
amount to be | ||||||
23 | determined by the local governing body. Licenses issued | ||||||
24 | pursuant
to this Act shall be valid for one raffle or for a | ||||||
25 | specified number of
raffles to be conducted during a specified | ||||||
26 | period not to exceed one year
and may be suspended or revoked
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1 | for any violation of this Act. A local governing body shall act | ||||||
2 | on a license
application within 30 days from the date of | ||||||
3 | application. Nothing in this
Act shall be construed to prohibit | ||||||
4 | a county or municipality from adopting
rules or ordinances for | ||||||
5 | the operation of raffles that are more restrictive
than | ||||||
6 | provided for in this Act. The governing body of a municipality | ||||||
7 | may
authorize the sale of raffle chances only within the | ||||||
8 | borders of the
municipality. The governing body of the county | ||||||
9 | may authorize the sale of
raffle chances only in those areas | ||||||
10 | which are both within the borders of the
county and outside the | ||||||
11 | borders of any municipality.
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12 | (b) Licenses shall be issued only to bona fide religious, | ||||||
13 | charitable,
labor, business, fraternal, educational or | ||||||
14 | veterans' organizations that
operate without profit to their | ||||||
15 | members and which have been in existence
continuously for a | ||||||
16 | period of 5 years immediately before making application
for a | ||||||
17 | license and which have had during that entire 5 year period a | ||||||
18 | bona
fide membership engaged in carrying out their objects, or | ||||||
19 | to a non-profit
fundraising organization that the licensing | ||||||
20 | authority determines is
organized for the sole purpose of | ||||||
21 | providing financial assistance to an
identified individual or | ||||||
22 | group of individuals suffering extreme financial
hardship as | ||||||
23 | the result of an illness, disability, accident or disaster.
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24 | For purposes of this Act, the following definitions apply. | ||||||
25 | Non-profit:
An organization or institution organized and | ||||||
26 | conducted on a not-for-profit
basis with no personal profit |
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1 | inuring to any one as a result of the operation.
Charitable: An | ||||||
2 | organization or institution organized and operated to benefit
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3 | an indefinite number of the public. The service rendered to | ||||||
4 | those eligible
for benefits must also confer some benefit on | ||||||
5 | the public. Educational:
An organization or institution | ||||||
6 | organized and operated to provide systematic
instruction in | ||||||
7 | useful branches of learning by methods common to schools
and | ||||||
8 | institutions of learning which compare favorably in their scope | ||||||
9 | and
intensity with the course of study presented in | ||||||
10 | tax-supported schools.
Religious: Any church, congregation, | ||||||
11 | society, or organization founded for
the purpose of religious | ||||||
12 | worship. Fraternal: An organization of persons
having a common | ||||||
13 | interest, the primary interest of which is to both promote
the | ||||||
14 | welfare of its members and to provide assistance to the general | ||||||
15 | public
in such a way as to lessen the burdens of government by | ||||||
16 | caring for those
that otherwise would be cared for by the | ||||||
17 | government. Veterans: An organization
or association comprised | ||||||
18 | of members of which substantially all are individuals
who are | ||||||
19 | veterans or spouses, widows, or widowers of veterans, the | ||||||
20 | primary
purpose of which is to promote the welfare of its | ||||||
21 | members and to provide
assistance to the general public in such | ||||||
22 | a way as to confer a public benefit.
Labor: An organization | ||||||
23 | composed of workers organized with the objective
of betterment | ||||||
24 | of the conditions of those engaged in such pursuit and the
| ||||||
25 | development of a higher degree of efficiency in their | ||||||
26 | respective occupations.
Business: A voluntary organization |
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1 | composed of individuals and businesses
who have joined together | ||||||
2 | to advance the commercial, financial, industrial
and civic | ||||||
3 | interests of a community.
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4 | (c) Poker runs shall be licensed by the governing body with | ||||||
5 | jurisdiction over the key location. The license granted by the | ||||||
6 | key location shall cover the entire poker run, including | ||||||
7 | locations other than the key location. | ||||||
8 | (Source: P.A. 86-820.)
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9 | Section 10. The Charitable Games Act is amended by changing | ||||||
10 | Section 2 as follows:
| ||||||
11 | (230 ILCS 30/2) (from Ch. 120, par. 1122)
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12 | Sec. 2. Definitions. For purposes of this Act, the | ||||||
13 | following definitions
apply:
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14 | "Charitable games" means the 14 games of chance involving | ||||||
15 | cards, dice, wheels, random selection of numbers, and gambling | ||||||
16 | tickets which may be conducted at charitable games events | ||||||
17 | listed as follows: roulette, blackjack, poker, pull tabs, | ||||||
18 | craps, bang, beat the dealer, big six, gin rummy, five card | ||||||
19 | stud poker, chuck-a-luck, keno, hold-em poker, and merchandise | ||||||
20 | wheel. | ||||||
21 | "Charitable games event" or "event" means the type of | ||||||
22 | fundraising event authorized by the Act at which participants | ||||||
23 | pay to play charitable games for the chance of winning cash or | ||||||
24 | noncash prizes. "Charitable games event" or "event" includes a |
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1 | poker run. | ||||||
2 | "Charitable organization" means an organization or | ||||||
3 | institution organized and operated to benefit an indefinite | ||||||
4 | number of the public. | ||||||
5 | "Chips" means scrip, play money, poker or casino chips, or | ||||||
6 | any other representations of money, used to make wagers on the | ||||||
7 | outcome of any charitable game. | ||||||
8 | "Department" means the Department of Revenue.
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9 | "Educational organization" means an organization or | ||||||
10 | institution organized and operated to provide systematic | ||||||
11 | instruction in useful branches of learning by methods common to | ||||||
12 | schools and institutions of learning which compare favorably in | ||||||
13 | their scope and intensity with the course of study presented in | ||||||
14 | tax-supported schools. | ||||||
15 | "Fraternal organization" means an organization of persons | ||||||
16 | having a common interest that is organized and operated | ||||||
17 | exclusively to promote the welfare of its members and to | ||||||
18 | benefit the general public on a continuing and consistent | ||||||
19 | basis, including but not limited to ethnic organizations.
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20 | "Labor organization" means an organization composed of | ||||||
21 | labor unions or
workers organized with the objective of | ||||||
22 | betterment of the conditions of
those engaged in such pursuit | ||||||
23 | and the development of a higher degree of
efficiency in their | ||||||
24 | respective occupations.
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25 | "Licensed organization" means a qualified organization | ||||||
26 | that has obtained a license to conduct a charitable games event |
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1 | in conformance with the provisions of this Act. | ||||||
2 | "Non-profit organization" means an organization or | ||||||
3 | institution organized and conducted on a not-for-profit basis | ||||||
4 | with no personal profit inuring to anyone as a result of the | ||||||
5 | operation.
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6 | "Organization" means a : A corporation, agency, | ||||||
7 | partnership,
association, firm, business, or other entity | ||||||
8 | consisting of 2 or more persons joined by
a common interest or | ||||||
9 | purpose.
| ||||||
10 | "Person" means any natural individual, corporation, | ||||||
11 | partnership, limited
liability company, organization as | ||||||
12 | defined in this
Section, qualified organization, licensed | ||||||
13 | organization, licensee under this Act, or volunteer.
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14 | "Poker run" means an event organized by a sponsoring | ||||||
15 | organization in which participants travel to 5 or more | ||||||
16 | predetermined locations, drawing a playing card or equivalent | ||||||
17 | item at each location, in order to assemble a facsimile of a | ||||||
18 | poker hand or other numeric score. "Poker run" includes dice | ||||||
19 | runs, marble runs, or other events where the objective is to | ||||||
20 | build the best hand or highest score by obtaining an item at | ||||||
21 | each location. | ||||||
22 | "Premises" means a distinct parcel of land and the | ||||||
23 | buildings thereon. | ||||||
24 | "Provider" means the person or organization owning, | ||||||
25 | leasing, or controlling premises upon which any charitable | ||||||
26 | games event is to be conducted.
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1 | "Qualified organization" means:
| ||||||
2 | (a) a charitable, religious, fraternal, veterans, | ||||||
3 | labor, educational
organization, or other institution | ||||||
4 | organized and conducted on a not-for-profit
basis with no | ||||||
5 | personal profit inuring to anyone as a result of the
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6 | operation and which is exempt from federal income taxation | ||||||
7 | under Sections
501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8), | ||||||
8 | 501(c)(10) or 501(c)(19) of the
Internal Revenue Code;
| ||||||
9 | (b) a veterans organization as defined in Section 1.1
| ||||||
10 | of the
"Bingo License and Tax Act" organized
and conducted | ||||||
11 | on a not-for-profit basis with no personal profit inuring | ||||||
12 | to
anyone as a result of the operation; or
| ||||||
13 | (c) An auxiliary organization of a veterans | ||||||
14 | organization.
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15 | "Religious organization" means any church, congregation, | ||||||
16 | society, or organization founded for the purpose of religious | ||||||
17 | worship. | ||||||
18 | "Sponsoring organization" means a qualified organization | ||||||
19 | that has obtained a
license to conduct a charitable games event | ||||||
20 | in conformance with the provisions
of this Act.
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21 | "Supplier" means any person, firm, or corporation that | ||||||
22 | sells, leases, lends, distributes, or otherwise provides to any | ||||||
23 | organization licensed to conduct charitable games events in | ||||||
24 | Illinois any charitable games equipment.
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25 | "Veterans' organization" means an organization comprised | ||||||
26 | of members of which substantially all are individuals who are |
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1 | veterans or spouses, widows, or widowers of veterans, the | ||||||
2 | primary purpose of which is to promote the welfare of its | ||||||
3 | members and to provide assistance to the general public in such | ||||||
4 | a way as to confer a public benefit. | ||||||
5 | "Volunteer" means a person recruited by a licensed | ||||||
6 | organization who voluntarily performs services at a charitable | ||||||
7 | games event, including participation in the management or | ||||||
8 | operation of a game, as defined in Section 8.
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9 | (Source: P.A. 98-426, eff. 8-16-13.)
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10 | Section 15. The Criminal Code of 2012 is amended by | ||||||
11 | changing Sections 28-1 and 28-1.1 as follows:
| ||||||
12 | (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
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13 | Sec. 28-1. Gambling.
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14 | (a) A person commits gambling when he or she:
| ||||||
15 | (1) knowingly plays a game of chance or skill for money | ||||||
16 | or other thing of
value, unless excepted in subsection (b) | ||||||
17 | of this Section;
| ||||||
18 | (2) knowingly makes a wager upon the result of any | ||||||
19 | game, contest, or any
political nomination, appointment or | ||||||
20 | election;
| ||||||
21 | (3) knowingly operates, keeps, owns, uses, purchases, | ||||||
22 | exhibits, rents, sells,
bargains for the sale or lease of, | ||||||
23 | manufactures or distributes any
gambling device;
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24 | (4) contracts to have or give himself or herself or |
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1 | another the option to buy
or sell, or contracts to buy or | ||||||
2 | sell, at a future time, any grain or
other commodity | ||||||
3 | whatsoever, or any stock or security of any company,
where | ||||||
4 | it is at the time of making such contract intended by both | ||||||
5 | parties
thereto that the contract to buy or sell, or the | ||||||
6 | option, whenever
exercised, or the contract resulting | ||||||
7 | therefrom, shall be settled, not by
the receipt or delivery | ||||||
8 | of such property, but by the payment only of
differences in | ||||||
9 | prices thereof; however, the issuance, purchase, sale,
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10 | exercise, endorsement or guarantee, by or through a person | ||||||
11 | registered
with the Secretary of State pursuant to Section | ||||||
12 | 8 of the Illinois
Securities Law of 1953, or by or through | ||||||
13 | a person exempt from such
registration under said Section | ||||||
14 | 8, of a put, call, or other option to
buy or sell | ||||||
15 | securities which have been registered with the Secretary of
| ||||||
16 | State or which are exempt from such registration under | ||||||
17 | Section 3 of the
Illinois Securities Law of 1953 is not | ||||||
18 | gambling within the meaning of
this paragraph (4);
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19 | (5) knowingly owns or possesses any book, instrument or | ||||||
20 | apparatus by
means of which bets or wagers have been, or | ||||||
21 | are, recorded or registered,
or knowingly possesses any | ||||||
22 | money which he has received in the course of
a bet or | ||||||
23 | wager;
| ||||||
24 | (6) knowingly sells pools upon the result of any game | ||||||
25 | or contest of skill or
chance, political nomination, | ||||||
26 | appointment or election;
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1 | (7) knowingly sets up or promotes any lottery or sells, | ||||||
2 | offers to sell or
transfers any ticket or share for any | ||||||
3 | lottery;
| ||||||
4 | (8) knowingly sets up or promotes any policy game or | ||||||
5 | sells, offers to sell or
knowingly possesses or transfers | ||||||
6 | any policy ticket, slip, record,
document or other similar | ||||||
7 | device;
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8 | (9) knowingly drafts, prints or publishes any lottery | ||||||
9 | ticket or share,
or any policy ticket, slip, record, | ||||||
10 | document or similar device, except for
such activity | ||||||
11 | related to lotteries, bingo games and raffles authorized by
| ||||||
12 | and conducted in accordance with the laws of Illinois or | ||||||
13 | any other state or
foreign government;
| ||||||
14 | (10) knowingly advertises any lottery or policy game, | ||||||
15 | except for such
activity related to lotteries, bingo games | ||||||
16 | and raffles authorized by and
conducted in accordance with | ||||||
17 | the laws of Illinois or any other state;
| ||||||
18 | (11) knowingly transmits information as to wagers, | ||||||
19 | betting odds, or
changes in betting odds by telephone, | ||||||
20 | telegraph, radio, semaphore or
similar means; or knowingly | ||||||
21 | installs or maintains equipment for the
transmission or | ||||||
22 | receipt of such information; except that nothing in this
| ||||||
23 | subdivision (11) prohibits transmission or receipt of such | ||||||
24 | information
for use in news reporting of sporting events or | ||||||
25 | contests; or
| ||||||
26 | (12) knowingly establishes, maintains, or operates an |
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1 | Internet site that
permits a person to play a game of
| ||||||
2 | chance or skill for money or other thing of value by means | ||||||
3 | of the Internet or
to make a wager upon the
result of any | ||||||
4 | game, contest, political nomination, appointment, or
| ||||||
5 | election by means of the Internet. This item (12) does not | ||||||
6 | apply to activities referenced in items (6) and (6.1) of | ||||||
7 | subsection (b) of this Section.
| ||||||
8 | (b) Participants in any of the following activities shall | ||||||
9 | not be
convicted of gambling:
| ||||||
10 | (1) Agreements to compensate for loss caused by the | ||||||
11 | happening of
chance including without limitation contracts | ||||||
12 | of indemnity or guaranty
and life or health or accident | ||||||
13 | insurance.
| ||||||
14 | (2) Offers of prizes, award or compensation to the | ||||||
15 | actual
contestants in any bona fide contest for the | ||||||
16 | determination of skill,
speed, strength or endurance or to | ||||||
17 | the owners of animals or vehicles
entered in such contest.
| ||||||
18 | (3) Pari-mutuel betting as authorized by the law of | ||||||
19 | this State.
| ||||||
20 | (4) Manufacture of gambling devices, including the | ||||||
21 | acquisition of
essential parts therefor and the assembly | ||||||
22 | thereof, for transportation in
interstate or foreign | ||||||
23 | commerce to any place outside this State when such
| ||||||
24 | transportation is not prohibited by any applicable Federal | ||||||
25 | law; or the
manufacture, distribution, or possession of | ||||||
26 | video gaming terminals, as
defined in the Video Gaming Act, |
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| |||||||
1 | by manufacturers, distributors, and
terminal operators | ||||||
2 | licensed to do so under the Video Gaming Act.
| ||||||
3 | (5) The game commonly known as "bingo", when conducted | ||||||
4 | in accordance
with the Bingo License and Tax Act.
| ||||||
5 | (6) Lotteries when conducted by the State of Illinois | ||||||
6 | in accordance
with the Illinois Lottery Law. This exemption | ||||||
7 | includes any activity conducted by the Department of | ||||||
8 | Revenue to sell lottery tickets pursuant to the provisions | ||||||
9 | of the Illinois Lottery Law and its rules.
| ||||||
10 | (6.1) The purchase of lottery tickets through the | ||||||
11 | Internet for a lottery conducted by the State of Illinois | ||||||
12 | under the program established in Section 7.12 of the | ||||||
13 | Illinois Lottery Law.
| ||||||
14 | (7) Possession of an antique slot machine that is | ||||||
15 | neither used nor
intended to be used in the operation or | ||||||
16 | promotion of any unlawful
gambling activity or enterprise. | ||||||
17 | For the purpose of this subparagraph
(b)(7), an antique | ||||||
18 | slot machine is one manufactured 25 years ago or earlier.
| ||||||
19 | (8) Raffles , including poker runs, when conducted in | ||||||
20 | accordance with the Raffles Act.
| ||||||
21 | (9) Charitable games when conducted in accordance with | ||||||
22 | the Charitable
Games Act.
| ||||||
23 | (10) Pull tabs and jar games when conducted under the | ||||||
24 | Illinois Pull
Tabs and Jar Games Act.
| ||||||
25 | (11) Gambling games conducted on riverboats when
| ||||||
26 | authorized by the Riverboat Gambling Act.
|
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| |||||||
1 | (12) Video gaming terminal games at a licensed | ||||||
2 | establishment, licensed truck stop establishment,
licensed
| ||||||
3 | fraternal establishment, or licensed veterans | ||||||
4 | establishment when
conducted in accordance with the Video | ||||||
5 | Gaming Act. | ||||||
6 | (13) Games of skill or chance where money or other | ||||||
7 | things of value can be won but no payment or purchase is | ||||||
8 | required to participate. | ||||||
9 | (c) Sentence.
| ||||||
10 | Gambling is a
Class A misdemeanor. A second or
subsequent | ||||||
11 | conviction under subsections (a)(3) through (a)(12),
is a Class | ||||||
12 | 4 felony.
| ||||||
13 | (d) Circumstantial evidence.
| ||||||
14 | In prosecutions under
this
Section circumstantial evidence | ||||||
15 | shall have the same validity and weight as
in any criminal | ||||||
16 | prosecution.
| ||||||
17 | (Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09; | ||||||
18 | 96-1203, eff. 7-22-10; 97-1108, eff. 1-1-13.)
| ||||||
19 | (720 ILCS 5/28-1.1)
(from Ch. 38, par. 28-1.1)
| ||||||
20 | Sec. 28-1.1. Syndicated gambling.
| ||||||
21 | (a) Declaration of Purpose. Recognizing the close | ||||||
22 | relationship between
professional gambling and other organized | ||||||
23 | crime, it is declared to be the
policy of the legislature to | ||||||
24 | restrain persons from engaging in the business
of gambling for | ||||||
25 | profit in this State. This Section shall be liberally
construed |
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1 | and administered with a view to carrying out this policy.
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2 | (b) A person commits syndicated gambling when he or she | ||||||
3 | operates a "policy
game" or engages in the business of | ||||||
4 | bookmaking.
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5 | (c) A person "operates a policy game" when he or she | ||||||
6 | knowingly uses any
premises or property for the purpose of | ||||||
7 | receiving or knowingly does
receive from what is commonly | ||||||
8 | called "policy":
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9 | (1) money from a person other than the bettor or player | ||||||
10 | whose
bets or plays are represented by the money; or
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11 | (2) written "policy game" records, made or used over | ||||||
12 | any
period of time, from a person other than the bettor or | ||||||
13 | player whose bets
or plays are represented by the written | ||||||
14 | record.
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15 | (d) A person engages in bookmaking when he or she knowingly | ||||||
16 | receives or accepts more
than five bets or wagers upon the | ||||||
17 | result of any trials or contests of
skill, speed or power of | ||||||
18 | endurance or upon any lot, chance, casualty,
unknown or | ||||||
19 | contingent event whatsoever, which bets or wagers shall be of
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20 | such size that the total of the amounts of money paid or | ||||||
21 | promised to be
paid to the bookmaker on account thereof shall | ||||||
22 | exceed $2,000.
Bookmaking is the receiving or accepting of bets | ||||||
23 | or wagers
regardless of the form or manner in which the | ||||||
24 | bookmaker records them.
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25 | (e) Participants in any of the following activities shall | ||||||
26 | not be
convicted of syndicated gambling:
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1 | (1) Agreements to compensate for loss caused by the | ||||||
2 | happening
of chance including without limitation contracts | ||||||
3 | of indemnity or
guaranty and life or health or accident | ||||||
4 | insurance;
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5 | (2) Offers of prizes, award or compensation to the | ||||||
6 | actual
contestants in any bona fide contest for the | ||||||
7 | determination of skill,
speed, strength or endurance or to | ||||||
8 | the owners of animals or vehicles
entered in the contest;
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9 | (3) Pari-mutuel betting as authorized by law of this | ||||||
10 | State;
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11 | (4) Manufacture of gambling devices, including the | ||||||
12 | acquisition
of essential parts therefor and the assembly | ||||||
13 | thereof, for transportation
in interstate or foreign | ||||||
14 | commerce to any place outside this State when
the | ||||||
15 | transportation is not prohibited by any applicable Federal | ||||||
16 | law;
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17 | (5) Raffles , including poker runs, when conducted in | ||||||
18 | accordance with the Raffles Act;
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19 | (6) Gambling games conducted on riverboats when
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20 | authorized by the Riverboat Gambling Act; and
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21 | (7) Video gaming terminal games at a licensed | ||||||
22 | establishment, licensed truck stop establishment,
licensed
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23 | fraternal establishment, or licensed veterans | ||||||
24 | establishment
when conducted in accordance with the Video | ||||||
25 | Gaming Act.
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26 | (f) Sentence. Syndicated gambling is a Class 3 felony.
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1 | (Source: P.A. 96-34, eff. 7-13-09; 97-1108, eff. 1-1-13.)
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2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.".
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