Bill Text: IL HB1603 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Criminal Code of 2012. Changes the definition of "gambling device" to include any vending or other electronic machine or device, including, without limitation, 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) 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. Provides that participants in a game of skill or chance where money or other things of value can be won but no payment or purchase is required to participate shall not be convicted of gambling except where participation in such game of skill or chance is accomplished using a gambling device prohibited by these changes to the definition. Provides that a gambling offense involving such a gambling device is a Class 4 felony. Amends the Video Gaming Act. Removes a provision allowing for the use of a game device without a license if the game device is used in an activity that is not gambling under the Criminal Code of 2012. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB1603 Detail]

Download: Illinois-2023-HB1603-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1603 Introduced , by Rep. Robert "Bob" Rita 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
Amends the Criminal Code of 2012. Changes the definition of "gambling device" to include any vending or other electronic machine or device, including, without limitation, 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) 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. Provides that participants in a game of skill or chance where money or other things of value can be won but no payment or purchase is required to participate shall not be convicted of gambling except where participation in such game of skill or chance is accomplished using a gambling device prohibited by these changes to the definition. Provides that a gambling offense involving such a gambling device is a Class 4 felony. Amends the Video Gaming Act. Removes a provision allowing for the use of a game device without a license if the game device is used in an activity that is not gambling under the Criminal Code of 2012. Effective immediately.
LRB103 25050 AMQ 51385 b
A BILL FOR
HB1603 LRB103 25050 AMQ 51385 b
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,

HB1603 - 2 - LRB103 25050 AMQ 51385 b
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

HB1603 - 3 - LRB103 25050 AMQ 51385 b
provided in Section 28-5 of the Criminal Code of 2012.
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 and 28-2 as follows:
(720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
Sec. 28-1. Gambling.

HB1603 - 4 - LRB103 25050 AMQ 51385 b
(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
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

HB1603 - 5 - LRB103 25050 AMQ 51385 b
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 or she 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,

HB1603 - 6 - LRB103 25050 AMQ 51385 b
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
apply to activities referenced in items (6), (6.1), (8),
(8.1), and (15) of subsection (b) of this Section.
(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

HB1603 - 7 - LRB103 25050 AMQ 51385 b
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.
(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.

HB1603 - 8 - LRB103 25050 AMQ 51385 b
(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
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 Section 28-2(a)(iii).

HB1603 - 9 - LRB103 25050 AMQ 51385 b
(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 subsections (a)(3) through
(a)(12), is a Class 4 felony.
(2) Notwithstanding subsection (c)(1), or anything
else contained in this Section to the contrary, a gambling
offense involving a device described in Section
28-2(a)(iii) 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.
(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; 102-558, eff. 8-20-21.)
(720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
Sec. 28-2. Definitions.

HB1603 - 10 - LRB103 25050 AMQ 51385 b
(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, without limitation, 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) 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. 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

HB1603 - 11 - LRB103 25050 AMQ 51385 b
player and which returns to the player thereof no money,
property, or right to receive money or property.
(2) Except as otherwise provided in this 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.
(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

HB1603 - 12 - LRB103 25050 AMQ 51385 b
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
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

HB1603 - 13 - LRB103 25050 AMQ 51385 b
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 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

HB1603 - 14 - LRB103 25050 AMQ 51385 b
evidence of debt.
(d) It is the intent of Section 28-2(a)(iii) to prohibit
any mechanism that seeks to avoid being considered a gambling
device through the use of any subterfuge or pretense
whatsoever.
(Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20;
102-558, eff. 8-20-21.)
Section 99. Effective date. This Act takes effect upon
becoming law.