Bill Text: IL HB5832 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Family Amusement Wagering Prohibition Act. Prohibits a family amusement establishment from facilitating wagering on amusement games. Prohibits a family amusement establishment from engaging in advertising that promotes wagering on amusement games. Provides that nothing in the Act shall prohibit a family amusement establishment from offering: (1) an amusement game that entitles or enables a single player to receive a coupon or a point that may only be redeemed onsite for merchandise and the coupon or point has no value other than for redemption onsite for merchandise; or (2) an amusement game that allows a single player to manipulate a claw or similar device within an enclosure that entitles or enables a person to receive merchandise directly from the amusement game. Defines terms. Amends the Criminal Code of 2012. Provides that a person commits gambling, and is guilty of a Class A misdemeanor, when he or she knowingly facilitates wagering on amusement games or knowingly engages in advertising that promotes wagering on amusement games in violation of the Family Amusement Wagering Prohibition Act.

Spectrum: Partisan Bill (Democrat 37-1)

Status: (Introduced) 2024-05-13 - Added Co-Sponsor Rep. Norma Hernandez [HB5832 Detail]

Download: Illinois-2023-HB5832-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5832 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
New Act
720 ILCS 5/28-1 from Ch. 38, par. 28-1
Creates the Family Amusement Wagering Prohibition Act. Prohibits a family amusement establishment from facilitating wagering on amusement games. Prohibits a family amusement establishment from engaging in advertising that promotes wagering on amusement games. Provides that nothing in the Act shall prohibit a family amusement establishment from offering: (1) an amusement game that entitles or enables a single player to receive a coupon or a point that may only be redeemed onsite for merchandise and the coupon or point has no value other than for redemption onsite for merchandise; or (2) an amusement game that allows a single player to manipulate a claw or similar device within an enclosure that entitles or enables a person to receive merchandise directly from the amusement game. Defines terms. Amends the Criminal Code of 2012. Provides that a person commits gambling, and is guilty of a Class A misdemeanor, when he or she knowingly facilitates wagering on amusement games or knowingly engages in advertising that promotes wagering on amusement games in violation of the Family Amusement Wagering Prohibition Act.
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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 1. Short title. This Act may be cited as the Family
Amusement Wagering Prohibition Act.
Section 5. Definitions. As used in this Act:
"Advertise" means to engage in promotional activities,
including, but not limited to, newspaper, radio, Internet and
electronic media, and television advertising, the distribution
of fliers and circulars, billboard advertising, and the
display of window and interior signs.
"Amusement game" means a game or machine which a person
activates by inserting or using currency or a coin, card,
coupon, slug, token, or similar device, and the person playing
or operating the game or machine impacts the outcome of the
game. "Amusement game" includes games of skill, games of
chance, and games of a combination of skill and chance.
"Amusement game" does not include video gaming terminals
operating in compliance with the Video Gaming Act.
"Family amusement establishment" means a place of business
with amusement games on the premises.
"Merchandise" means noncash prizes maintained on the
premises by the family amusement establishment, including toys

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and novelties. "Merchandise" does not include any prize or
other item, if the exchange or conversion to cash or a cash
equivalent is facilitated or permitted by the family amusement
establishment.
"Wager" means a sum of money or thing of value risked on an
uncertain outcome.
Section 10. Wagering facilitation prohibited. No family
amusement establishment shall facilitate wagering on amusement
games. Facilitating wagering on amusement games includes, but
is not limited to, taking any action that knowingly allows any
entity to facilitate gambling on amusement games on the family
amusement establishment's premises.
Section 15. Wagering advertising prohibited. No family
amusement establishment shall engage in advertising that
promotes wagering on amusement games.
Section 20. Merchandise prizes. Nothing in this Act shall
prohibit a family amusement establishment from offering:
(1) an amusement game that, upon activation and game
play, entitles or enables a single player to receive a
coupon or a point that may only be redeemed onsite for
merchandise and the coupon or point has no value other
than for redemption onsite for merchandise; or
(2) an amusement game that allows a single player to

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manipulate a claw or similar device within an enclosure
that entitles or enables a person to receive merchandise
directly from the amusement game.
Section 25. The Criminal Code of 2012 is amended by
changing Section 28-1 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:
(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

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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 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

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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
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

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apply to activities referenced in items (6), (6.1), (8),
(8.1), and (15) of subsection (b) of this Section; or .
(13) knowingly facilitates wagering on amusement games
or knowingly engages in advertising that promotes wagering
on amusement games in violation of the Family Amusement
Wagering Prohibition Act.
(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

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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.
(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.

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(11) Gambling games when authorized by the Illinois
Gambling Act.
(12) Video gaming terminal games at a licensed
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.
(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.
Gambling is a Class A misdemeanor. A second or subsequent
conviction under subsections (a)(3) through (a)(12), is a
Class 4 felony.
(d) Circumstantial evidence.
In prosecutions under this Section circumstantial evidence
shall have the same validity and weight as in any criminal
prosecution.

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