Bill Text: IL HB1892 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning gambling.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1892 Detail]

Download: Illinois-2011-HB1892-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1892 Introduced , by Rep. Daniel Biss SYNOPSIS AS INTRODUCED:
720 ILCS 5/28-1 from Ch. 38, par. 28-1
Amends the Criminal Code of 1961. Makes a technical change in a Section concerning gambling.
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A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 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:
(1) Plays a game of chance or skill for money or other
thing of value, unless excepted in subsection (b) of this
Section; or
(2) Makes a wager upon the the result of any game,
contest, or any political nomination, appointment or
election; or
(3) Operates, keeps, owns, uses, purchases, exhibits,
rents, sells, bargains for the sale or lease of,
manufactures or distributes any gambling device; or
(4) Contracts to have or give himself 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,

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whenever exercised, or the contract resulting therefrom,
shall be settled, not by the receipt or delivery of such
property, but by the payment only of differences in prices
thereof; however, the issuance, purchase, sale, exercise,
endorsement or guarantee, by or through a person registered
with the Secretary of State pursuant to Section 8 of the
Illinois Securities Law of 1953, or by or through a person
exempt from such registration under said Section 8, of a
put, call, or other option to buy or sell securities which
have been registered with the Secretary of State or which
are exempt from such registration under Section 3 of the
Illinois Securities Law of 1953 is not gambling within the
meaning of this paragraph (4); or
(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; or
(6) Sells pools upon the result of any game or contest
of skill or chance, political nomination, appointment or
election; or
(7) Sets up or promotes any lottery or sells, offers to
sell or transfers any ticket or share for any lottery; or
(8) 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

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device; or
(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; or
(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; or
(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) and (6.1) of

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

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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 when conducted in accordance with the
Raffles 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 conducted on riverboats when
authorized by the Riverboat Gambling Act.
(12) Video gaming terminal games at a licensed
establishment, licensed 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

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things of value can be won but no payment or purchase is
required to participate.
(c) Sentence.
Gambling under subsection (a)(1) or (a)(2) of this Section
is a Class A misdemeanor. Gambling under any of subsections
(a)(3) through (a)(11) of this Section is a Class A
misdemeanor. A second or subsequent conviction under any of
subsections (a)(3) through (a)(11), is a Class 4 felony.
Gambling under subsection (a)(12) of this Section is a Class A
misdemeanor. A second or subsequent conviction under
subsection (a)(12) is a Class 4 felony.
(d) Circumstantial evidence.
In prosecutions under subsection (a)(1) through (a)(12) of
this Section circumstantial evidence shall have the same
validity and weight as in any criminal prosecution.
(Source: P.A. 96-34, eff. 7-13-09; 96-37, eff. 7-13-09;
96-1203, eff. 7-22-10.)