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Illinois House Bill HB5791

Illinois 2023-2024 Regular Session

Illinois House Bill HB5791 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5791 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: See Index Amends the Video Gaming Act. Provides that an applicant or licensee under the Act is not in violation of the Act or specified rules and shall not be subject to disciplinary action for operating a gaming device if operation of the gaming device is in compliance with and not considered gambling under the Criminal Code of 2012. Provides for the creation of a Gaming Disparity Task Force to conduct a disparity and availability study. Provides that the Task Force shall compile, collect, or otherwise gather data necessary for the determination of the impact on minorities within the video gaming industry. Allows the Task Force to impose fees for the Task Force's operation collected by the Illinois Gaming Board on terminal operations that general more than $5,000,000, including for specified payments to a minority business enterprise-owed terminal operator. 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 is connected directly or indirectly to the Internet, either by cellular modem, hard wire, or wireless connection, or to a set of interconnected networked devices in order to participate in the game or contest or to receive or retrieve any data related to the device unless the connected device is a redemption vault and does not operate with a self-contained fill system that permits the operation of the device solely determined on a fee basis or the amount of revenue generated, but does not include a system based on time, number of spins or spin equivalent, or other nonrevenue based system, and automatically ceases to operate upon the completion of a pre-determined cycle. 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 law. Provides that a gambling offense involving such a gambling device is a Class 4 felony. Effective immediately. LRB103 39952 CES 71411 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5791 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: See Index See Index Amends the Video Gaming Act. Provides that an applicant or licensee under the Act is not in violation of the Act or specified rules and shall not be subject to disciplinary action for operating a gaming device if operation of the gaming device is in compliance with and not considered gambling under the Criminal Code of 2012. Provides for the creation of a Gaming Disparity Task Force to conduct a disparity and availability study. Provides that the Task Force shall compile, collect, or otherwise gather data necessary for the determination of the impact on minorities within the video gaming industry. Allows the Task Force to impose fees for the Task Force's operation collected by the Illinois Gaming Board on terminal operations that general more than $5,000,000, including for specified payments to a minority business enterprise-owed terminal operator. 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 is connected directly or indirectly to the Internet, either by cellular modem, hard wire, or wireless connection, or to a set of interconnected networked devices in order to participate in the game or contest or to receive or retrieve any data related to the device unless the connected device is a redemption vault and does not operate with a self-contained fill system that permits the operation of the device solely determined on a fee basis or the amount of revenue generated, but does not include a system based on time, number of spins or spin equivalent, or other nonrevenue based system, and automatically ceases to operate upon the completion of a pre-determined cycle. 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 law. Provides that a gambling offense involving such a gambling device is a Class 4 felony. Effective immediately. LRB103 39952 CES 71411 b LRB103 39952 CES 71411 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5791 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
33 See Index See Index
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55 Amends the Video Gaming Act. Provides that an applicant or licensee under the Act is not in violation of the Act or specified rules and shall not be subject to disciplinary action for operating a gaming device if operation of the gaming device is in compliance with and not considered gambling under the Criminal Code of 2012. Provides for the creation of a Gaming Disparity Task Force to conduct a disparity and availability study. Provides that the Task Force shall compile, collect, or otherwise gather data necessary for the determination of the impact on minorities within the video gaming industry. Allows the Task Force to impose fees for the Task Force's operation collected by the Illinois Gaming Board on terminal operations that general more than $5,000,000, including for specified payments to a minority business enterprise-owed terminal operator. 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 is connected directly or indirectly to the Internet, either by cellular modem, hard wire, or wireless connection, or to a set of interconnected networked devices in order to participate in the game or contest or to receive or retrieve any data related to the device unless the connected device is a redemption vault and does not operate with a self-contained fill system that permits the operation of the device solely determined on a fee basis or the amount of revenue generated, but does not include a system based on time, number of spins or spin equivalent, or other nonrevenue based system, and automatically ceases to operate upon the completion of a pre-determined cycle. 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 law. Provides that a gambling offense involving such a gambling device is a Class 4 felony. Effective immediately.
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1111 1 AN ACT concerning gaming.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Video Gaming Act is amended by changing
1515 5 Section 35 and by adding Section 76 as follows:
1616 6 (230 ILCS 40/35)
1717 7 Sec. 35. Display of license; confiscation; violation as
1818 8 felony.
1919 9 (a) Each video gaming terminal shall be licensed by the
2020 10 Board before placement or operation on the premises of a
2121 11 licensed establishment, licensed truck stop establishment,
2222 12 licensed large truck stop establishment, licensed fraternal
2323 13 establishment, or licensed veterans establishment. The license
2424 14 of each video gaming terminal shall be maintained at the
2525 15 location where the video gaming terminal is operated. Failure
2626 16 to do so is a petty offense with a fine not to exceed $100. Any
2727 17 licensed establishment, licensed truck stop establishment,
2828 18 licensed large truck stop establishment, licensed fraternal
2929 19 establishment, or licensed veterans establishment used for the
3030 20 conduct of gambling games in violation of this Act shall be
3131 21 considered a gambling place in violation of Section 28-3 of
3232 22 the Criminal Code of 2012. Every gambling device found in a
3333 23 licensed establishment, licensed truck stop establishment,
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5791 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
3838 See Index See Index
3939 See Index
4040 Amends the Video Gaming Act. Provides that an applicant or licensee under the Act is not in violation of the Act or specified rules and shall not be subject to disciplinary action for operating a gaming device if operation of the gaming device is in compliance with and not considered gambling under the Criminal Code of 2012. Provides for the creation of a Gaming Disparity Task Force to conduct a disparity and availability study. Provides that the Task Force shall compile, collect, or otherwise gather data necessary for the determination of the impact on minorities within the video gaming industry. Allows the Task Force to impose fees for the Task Force's operation collected by the Illinois Gaming Board on terminal operations that general more than $5,000,000, including for specified payments to a minority business enterprise-owed terminal operator. 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 is connected directly or indirectly to the Internet, either by cellular modem, hard wire, or wireless connection, or to a set of interconnected networked devices in order to participate in the game or contest or to receive or retrieve any data related to the device unless the connected device is a redemption vault and does not operate with a self-contained fill system that permits the operation of the device solely determined on a fee basis or the amount of revenue generated, but does not include a system based on time, number of spins or spin equivalent, or other nonrevenue based system, and automatically ceases to operate upon the completion of a pre-determined cycle. 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 law. Provides that a gambling offense involving such a gambling device is a Class 4 felony. Effective immediately.
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6868 1 licensed large truck stop establishment, licensed fraternal
6969 2 establishment, or licensed veterans establishment operating
7070 3 gambling games in violation of this Act shall be subject to
7171 4 seizure, confiscation, and destruction as provided in Section
7272 5 28-5 of the Criminal Code of 2012. Any license issued under the
7373 6 Liquor Control Act of 1934 to any owner or operator of a
7474 7 licensed establishment, licensed truck stop establishment,
7575 8 licensed large truck stop establishment, licensed fraternal
7676 9 establishment, or licensed veterans establishment that
7777 10 operates or permits the operation of a video gaming terminal
7878 11 within its establishment in violation of this Act shall be
7979 12 immediately revoked. No person may own, operate, have in his
8080 13 or her possession or custody or under his or her control, or
8181 14 permit to be kept in any place under his or her possession or
8282 15 control, any device that awards credits and contains a
8383 16 circuit, meter, or switch capable of removing and recording
8484 17 the removal of credits when the award of credits is dependent
8585 18 upon chance.
8686 19 Nothing in this Section shall be deemed to prohibit the
8787 20 use of a game device only if the game device is used in an
8888 21 activity that is not gambling under subsection (b) of Section
8989 22 28-1 of the Criminal Code of 2012. An applicant or licensee
9090 23 under this Act is not in violation of this Act or any of the
9191 24 Illinois Gaming Board rules specific to Illinois Gaming Board
9292 25 Rule 1800.420 and shall not be subject to disciplinary action,
9393 26 delay of any Board consideration, or denial of any license for
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104104 1 operating a gaming device if operation of the gaming device is
105105 2 in compliance with, and not considered gambling under,
106106 3 subsection (b) of Section 28-1 or item (iii) of subsection (a)
107107 4 28-2 of the Criminal Code of 2012.
108108 5 A violation of this Section is a Class 4 felony. All
109109 6 devices that are owned, operated, or possessed in violation of
110110 7 this Section are hereby declared to be public nuisances and
111111 8 shall be subject to seizure, confiscation, and destruction as
112112 9 provided in Section 28-5 of the Criminal Code of 2012.
113113 10 The provisions of this Section do not apply to devices or
114114 11 electronic video game terminals licensed pursuant to this Act.
115115 12 A video gaming terminal operated for amusement only and
116116 13 bearing a valid amusement tax sticker shall not be subject to
117117 14 this Section until 30 days after the Board establishes that
118118 15 the central communications system is functional.
119119 16 (b) (1) The odds of winning each video game shall be posted
120120 17 on or near each video gaming terminal. The manner in which the
121121 18 odds are calculated and how they are posted shall be
122122 19 determined by the Board by rule.
123123 20 (2) No video gaming terminal licensed under this Act may
124124 21 be played except during the legal hours of operation allowed
125125 22 for the consumption of alcoholic beverages at the licensed
126126 23 establishment, licensed fraternal establishment, or licensed
127127 24 veterans establishment. A licensed establishment, licensed
128128 25 fraternal establishment, or licensed veterans establishment
129129 26 that violates this subsection is subject to termination of its
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140140 1 license by the Board.
141141 2 (Source: P.A. 101-31, eff. 6-28-19.)
142142 3 (230 ILCS 40/76 new)
143143 4 Sec. 76. Gaming Disparity Task Force.
144144 5 (a) The Gaming Disparity Task Force is created. The
145145 6 Governor shall appoint 5 members, including the Chair. The
146146 7 Chair shall set the agenda and staff the Task Force and take
147147 8 all other actions necessary to complete the mission of
148148 9 identifying disparities in the video gambling industry.
149149 10 (b) The Task Force may:
150150 11 (1) maintain a staff;
151151 12 (2) make recommendations for policy, statute, and rule
152152 13 changes;
153153 14 (3) collect data both in Illinois and outside Illinois
154154 15 regarding the regulation of gaming and quasi-gaming,
155155 16 including requiring terminal operators to submit detailed
156156 17 information regarding ownership, revenues, and moneys
157157 18 spent on goods and services and any other information
158158 19 deemed necessary to identify disparities in gaming and
159159 20 lack of minority business enterprise participation;
160160 21 (4) compile or assist in the compilation of any
161161 22 reports required by this Act;
162162 23 (5) ensure the coordination of efforts between various
163163 24 State agencies involved in regulating and taxing gaming or
164164 25 quasi-gaming in Illinois; and
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175175 1 (6) encourage, promote, suggest, and report best
176176 2 practices for ensuring diversity in the gaming and
177177 3 quasi-gaming industry in Illinois.
178178 4 (c) Any funding required for the Task Force, its staff, or
179179 5 its activities shall be drawn from a fee determined by the Task
180180 6 Force and collected by the Illinois Gaming Board to be paid by
181181 7 terminal operators that generate at least $5,000,000 of net
182182 8 terminal income in any given month.
183183 9 (d) The Task Force shall commission and publish an annual
184184 10 disparity and availability study that: (1) evaluates whether
185185 11 there exists discrimination in the State's gaming industry;
186186 12 and (2) if so, evaluates the impact of such discrimination on
187187 13 the State and includes recommendations to the Illinois Gaming
188188 14 Board for reducing or eliminating any identified barriers to
189189 15 entry in the video gaming market.
190190 16 The Task Force may compile, collect, or otherwise gather
191191 17 data necessary for the administration of this Section and to
192192 18 carry out the Task Force's duty relating to the recommendation
193193 19 of policy changes.
194194 20 (e) The Task Force shall hold public meetings and issue
195195 21 subpoenas, if necessary, for testimony.
196196 22 (f) The Task Force shall submit a copy of the annual study
197197 23 to the General Assembly no later than February 1 of each year
198198 24 in the manner provided for reports to the General Assembly
199199 25 under Section 3.1 of the General Assembly Organization Act.
200200 26 (g) From any fees collected under subsection (c), the Task
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211211 1 Force shall set aside payment to a minority business
212212 2 enterprise-owned terminal operator as provided in this
213213 3 subsection. The Task Force shall direct the Illinois Gaming
214214 4 Board to approve a minority business enterprise to receive the
215215 5 payment as a licensee or person of significant control.
216216 6 Payment to the minority business enterprise shall commence
217217 7 upon the filing of forms with the Illinois Gaming Board as
218218 8 designated by the Board. The Task Force shall calculate the
219219 9 percentage of the fees collected under subsection (c) that
220220 10 shall be set aside to pay to the minority business
221221 11 enterprise-owned terminal operation by calculating the
222222 12 percentage of Illinois' population of the minority group or
223223 13 minority groups of which the minority person or persons who
224224 14 own the terminal operation are part. As used in this
225225 15 subsection, "minority person" has the meaning given to that
226226 16 term in Section 8.12 of the Business Corporation Act of 1983.
227227 17 (h) The Task Force shall establish a process for the
228228 18 sunset of devices exempted under paragraph (13) of subsection
229229 19 (b) of Section 28-1 of the Criminal Code of 2012 and Section 35
230230 20 of the Video Gaming Act. The Task Force shall consider such
231231 21 factors deemed reasonably necessary to rectify disparities in
232232 22 gaming when developing the sunset process. The Task Force
233233 23 shall include, at a minimum, in the process: the authorization
234234 24 of video gambling in any municipality with a population more
235235 25 than 2,000,000 people; the opportunity for all statutorily
236236 26 eligible establishments in any municipality with a population
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247247 1 more than 2,000,000 people to apply for a video gaming
248248 2 license; consideration and determination by the Illinois
249249 3 Gaming Board of all statutorily eligible establishments in any
250250 4 municipality with a population more than 2,000,000 people that
251251 5 applied for a video gaming license and any denied applicant
252252 6 had an opportunity to exhaust all administrative and judicial
253253 7 remedies; all eligible and licensed minority establishments in
254254 8 any municipality with a population more than 2,000,000 people
255255 9 has been authorized to commence gambling by the Illinois
256256 10 Gaming Board; and following an independent auditor, selected
257257 11 by the Task Force pursuant to the request-for-proposal
258258 12 process, issues a report documenting that there is a majority
259259 13 of licensed establishments operated by a minority business
260260 14 enterprise terminal operator in any municipality with a
261261 15 population more than 2,000,000 people.
262262 16 Section 10. The Criminal Code of 2012 is amended by
263263 17 changing Sections 28-1 and 28-2 as follows:
264264 18 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
265265 19 Sec. 28-1. Gambling.
266266 20 (a) A person commits gambling when he or she:
267267 21 (1) knowingly plays a game of chance or skill for
268268 22 money or other thing of value, unless excepted in
269269 23 subsection (b) of this Section;
270270 24 (2) knowingly makes a wager upon the result of any
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281281 1 game, contest, or any political nomination, appointment or
282282 2 election;
283283 3 (3) knowingly operates, keeps, owns, uses, purchases,
284284 4 exhibits, rents, sells, bargains for the sale or lease of,
285285 5 manufactures or distributes any gambling device;
286286 6 (4) contracts to have or give himself or herself or
287287 7 another the option to buy or sell, or contracts to buy or
288288 8 sell, at a future time, any grain or other commodity
289289 9 whatsoever, or any stock or security of any company, where
290290 10 it is at the time of making such contract intended by both
291291 11 parties thereto that the contract to buy or sell, or the
292292 12 option, whenever exercised, or the contract resulting
293293 13 therefrom, shall be settled, not by the receipt or
294294 14 delivery of such property, but by the payment only of
295295 15 differences in prices thereof; however, the issuance,
296296 16 purchase, sale, exercise, endorsement or guarantee, by or
297297 17 through a person registered with the Secretary of State
298298 18 pursuant to Section 8 of the Illinois Securities Law of
299299 19 1953, or by or through a person exempt from such
300300 20 registration under said Section 8, of a put, call, or
301301 21 other option to buy or sell securities which have been
302302 22 registered with the Secretary of State or which are exempt
303303 23 from such registration under Section 3 of the Illinois
304304 24 Securities Law of 1953 is not gambling within the meaning
305305 25 of this paragraph (4);
306306 26 (5) knowingly owns or possesses any book, instrument
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317317 1 or apparatus by means of which bets or wagers have been, or
318318 2 are, recorded or registered, or knowingly possesses any
319319 3 money which he has received in the course of a bet or
320320 4 wager;
321321 5 (6) knowingly sells pools upon the result of any game
322322 6 or contest of skill or chance, political nomination,
323323 7 appointment or election;
324324 8 (7) knowingly sets up or promotes any lottery or
325325 9 sells, offers to sell or transfers any ticket or share for
326326 10 any lottery;
327327 11 (8) knowingly sets up or promotes any policy game or
328328 12 sells, offers to sell or knowingly possesses or transfers
329329 13 any policy ticket, slip, record, document or other similar
330330 14 device;
331331 15 (9) knowingly drafts, prints or publishes any lottery
332332 16 ticket or share, or any policy ticket, slip, record,
333333 17 document or similar device, except for such activity
334334 18 related to lotteries, bingo games and raffles authorized
335335 19 by and conducted in accordance with the laws of Illinois
336336 20 or any other state or foreign government;
337337 21 (10) knowingly advertises any lottery or policy game,
338338 22 except for such activity related to lotteries, bingo games
339339 23 and raffles authorized by and conducted in accordance with
340340 24 the laws of Illinois or any other state;
341341 25 (11) knowingly transmits information as to wagers,
342342 26 betting odds, or changes in betting odds by telephone,
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353353 1 telegraph, radio, semaphore or similar means; or knowingly
354354 2 installs or maintains equipment for the transmission or
355355 3 receipt of such information; except that nothing in this
356356 4 subdivision (11) prohibits transmission or receipt of such
357357 5 information for use in news reporting of sporting events
358358 6 or contests; or
359359 7 (12) knowingly establishes, maintains, or operates an
360360 8 Internet site that permits a person to play a game of
361361 9 chance or skill for money or other thing of value by means
362362 10 of the Internet or to make a wager upon the result of any
363363 11 game, contest, political nomination, appointment, or
364364 12 election by means of the Internet. This item (12) does not
365365 13 apply to activities referenced in items (6), (6.1), (8),
366366 14 (8.1), and (15) of subsection (b) of this Section.
367367 15 (b) Participants in any of the following activities shall
368368 16 not be convicted of gambling:
369369 17 (1) Agreements to compensate for loss caused by the
370370 18 happening of chance including without limitation contracts
371371 19 of indemnity or guaranty and life or health or accident
372372 20 insurance.
373373 21 (2) Offers of prizes, award or compensation to the
374374 22 actual contestants in any bona fide contest for the
375375 23 determination of skill, speed, strength or endurance or to
376376 24 the owners of animals or vehicles entered in such contest.
377377 25 (3) Pari-mutuel betting as authorized by the law of
378378 26 this State.
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389389 1 (4) Manufacture of gambling devices, including the
390390 2 acquisition of essential parts therefor and the assembly
391391 3 thereof, for transportation in interstate or foreign
392392 4 commerce to any place outside this State when such
393393 5 transportation is not prohibited by any applicable Federal
394394 6 law; or the manufacture, distribution, or possession of
395395 7 video gaming terminals, as defined in the Video Gaming
396396 8 Act, by manufacturers, distributors, and terminal
397397 9 operators licensed to do so under the Video Gaming Act.
398398 10 (5) The game commonly known as "bingo", when conducted
399399 11 in accordance with the Bingo License and Tax Act.
400400 12 (6) Lotteries when conducted by the State of Illinois
401401 13 in accordance with the Illinois Lottery Law. This
402402 14 exemption includes any activity conducted by the
403403 15 Department of Revenue to sell lottery tickets pursuant to
404404 16 the provisions of the Illinois Lottery Law and its rules.
405405 17 (6.1) The purchase of lottery tickets through the
406406 18 Internet for a lottery conducted by the State of Illinois
407407 19 under the program established in Section 7.12 of the
408408 20 Illinois Lottery Law.
409409 21 (7) Possession of an antique slot machine that is
410410 22 neither used nor intended to be used in the operation or
411411 23 promotion of any unlawful gambling activity or enterprise.
412412 24 For the purpose of this subparagraph (b)(7), an antique
413413 25 slot machine is one manufactured 25 years ago or earlier.
414414 26 (8) Raffles and poker runs when conducted in
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425425 1 accordance with the Raffles and Poker Runs Act.
426426 2 (8.1) The purchase of raffle chances for a raffle
427427 3 conducted in accordance with the Raffles and Poker Runs
428428 4 Act.
429429 5 (9) Charitable games when conducted in accordance with
430430 6 the Charitable Games Act.
431431 7 (10) Pull tabs and jar games when conducted under the
432432 8 Illinois Pull Tabs and Jar Games Act.
433433 9 (11) Gambling games when authorized by the Illinois
434434 10 Gambling Act.
435435 11 (12) Video gaming terminal games at a licensed
436436 12 establishment, licensed truck stop establishment, licensed
437437 13 large truck stop establishment, licensed fraternal
438438 14 establishment, or licensed veterans establishment when
439439 15 conducted in accordance with the Video Gaming Act.
440440 16 (13) Games of skill or chance where money or other
441441 17 things of value can be won but no payment or purchase is
442442 18 required to participate, except where participation in
443443 19 such game of skill or chance is accomplished using a
444444 20 gambling device prohibited by item (a)(iii) of Section
445445 21 28-2.
446446 22 (14) Savings promotion raffles authorized under
447447 23 Section 5g of the Illinois Banking Act, Section 7008 of
448448 24 the Savings Bank Act, Section 42.7 of the Illinois Credit
449449 25 Union Act, Section 5136B of the National Bank Act (12
450450 26 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12
451451
452452
453453
454454
455455
456456 HB5791 - 12 - LRB103 39952 CES 71411 b
457457
458458
459459 HB5791- 13 -LRB103 39952 CES 71411 b HB5791 - 13 - LRB103 39952 CES 71411 b
460460 HB5791 - 13 - LRB103 39952 CES 71411 b
461461 1 U.S.C. 1463).
462462 2 (15) Sports wagering when conducted in accordance with
463463 3 the Sports Wagering Act.
464464 4 (c) Sentence.
465465 5 (1) Gambling is a Class A misdemeanor. A second or
466466 6 subsequent conviction under subsections (a)(3) through
467467 7 (a)(12), is a Class 4 felony.
468468 8 (2) Notwithstanding subsection (c)(1), or anything
469469 9 else contained in this Section to the contrary, a gambling
470470 10 offense involving a device described in item (a)(iii)
471471 11 Section 28-2 is a Class 4 felony.
472472 12 (d) Circumstantial evidence.
473473 13 In prosecutions under this Section circumstantial evidence
474474 14 shall have the same validity and weight as in any criminal
475475 15 prosecution.
476476 16 (Source: P.A. 101-31, Article 25, Section 25-915, eff.
477477 17 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
478478 18 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)
479479 19 (720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
480480 20 Sec. 28-2. Definitions.
481481 21 (a) A "gambling device" is (i) any clock, tape machine,
482482 22 slot machine or other machines or device for the reception of
483483 23 money or other thing of value on chance or skill or upon the
484484 24 action of which money or other thing of value is staked,
485485 25 hazarded, bet, won, or lost; (ii) or any mechanism, furniture,
486486
487487
488488
489489
490490
491491 HB5791 - 13 - LRB103 39952 CES 71411 b
492492
493493
494494 HB5791- 14 -LRB103 39952 CES 71411 b HB5791 - 14 - LRB103 39952 CES 71411 b
495495 HB5791 - 14 - LRB103 39952 CES 71411 b
496496 1 fixture, equipment, or other device designed primarily for use
497497 2 in a gambling place; or (iii) any vending or other electronic
498498 3 machine or device, including, without limitation a machine or
499499 4 device that awards credits and contains a circuit, meter, or
500500 5 switch capable of removing and recording the removal of
501501 6 credits or that is connected directly or indirectly to the
502502 7 Internet, either by cellular modem, hard wire, or wireless
503503 8 connection, or to a set of interconnected networked devices in
504504 9 order to participate in the game or contest or to receive or
505505 10 retrieve any data related to the device unless the connected
506506 11 device is a redemption vault; or does not operate with a
507507 12 self-contained fill system that permits the operation of the
508508 13 device solely determined on a fee basis or the amount of
509509 14 revenue generated but does not include a system based on time,
510510 15 number of spins or spin equivalent or other nonrevenue based
511511 16 system, and automatically ceases to operate upon the
512512 17 completion of a pre-determined cycle. A "gambling device" does
513513 18 not include:
514514 19 (1) A coin-in-the-slot operated mechanical device
515515 20 played for amusement which rewards the player with the
516516 21 right to replay such mechanical device, which device is so
517517 22 constructed or devised as to make such result of the
518518 23 operation thereof depend in part upon the skill of the
519519 24 player and which returns to the player thereof no money,
520520 25 property, or right to receive money or property.
521521 26 (2) Except as otherwise provided in this subsection
522522
523523
524524
525525
526526
527527 HB5791 - 14 - LRB103 39952 CES 71411 b
528528
529529
530530 HB5791- 15 -LRB103 39952 CES 71411 b HB5791 - 15 - LRB103 39952 CES 71411 b
531531 HB5791 - 15 - LRB103 39952 CES 71411 b
532532 1 (a), a vending machine Vending machines by which full and
533533 2 adequate return is made for the money invested and in
534534 3 which there is no element of chance or hazard.
535535 4 (3) A crane game. For the purposes of this paragraph
536536 5 (3), a "crane game" is an amusement device involving
537537 6 skill, if it rewards the player exclusively with
538538 7 merchandise contained within the amusement device proper
539539 8 and limited to toys, novelties, and prizes other than
540540 9 currency, each having a wholesale value which is not more
541541 10 than $25.
542542 11 (4) A redemption machine. For the purposes of this
543543 12 paragraph (4), a "redemption machine" is a single-player
544544 13 or multi-player amusement device involving a game, the
545545 14 object of which is throwing, rolling, bowling, shooting,
546546 15 placing, or propelling a ball or other object that is
547547 16 either physical or computer generated on a display or with
548548 17 lights into, upon, or against a hole or other target that
549549 18 is either physical or computer generated on a display or
550550 19 with lights, or stopping, by physical, mechanical, or
551551 20 electronic means, a moving object that is either physical
552552 21 or computer generated on a display or with lights into,
553553 22 upon, or against a hole or other target that is either
554554 23 physical or computer generated on a display or with
555555 24 lights, provided that all of the following conditions are
556556 25 met:
557557 26 (A) The outcome of the game is predominantly
558558
559559
560560
561561
562562
563563 HB5791 - 15 - LRB103 39952 CES 71411 b
564564
565565
566566 HB5791- 16 -LRB103 39952 CES 71411 b HB5791 - 16 - LRB103 39952 CES 71411 b
567567 HB5791 - 16 - LRB103 39952 CES 71411 b
568568 1 determined by the skill of the player.
569569 2 (B) The award of the prize is based solely upon the
570570 3 player's achieving the object of the game or otherwise
571571 4 upon the player's score.
572572 5 (C) Only merchandise prizes are awarded.
573573 6 (D) The wholesale value of prizes awarded in lieu
574574 7 of tickets or tokens for single play of the device does
575575 8 not exceed $25.
576576 9 (E) The redemption value of tickets, tokens, and
577577 10 other representations of value, which may be
578578 11 accumulated by players to redeem prizes of greater
579579 12 value, for a single play of the device does not exceed
580580 13 $25.
581581 14 (5) Video gaming terminals at a licensed
582582 15 establishment, licensed truck stop establishment, licensed
583583 16 large truck stop establishment, licensed fraternal
584584 17 establishment, or licensed veterans establishment licensed
585585 18 in accordance with the Video Gaming Act.
586586 19 (a-5) "Internet" means an interactive computer service or
587587 20 system or an information service, system, or access software
588588 21 provider that provides or enables computer access by multiple
589589 22 users to a computer server, and includes, but is not limited
590590 23 to, an information service, system, or access software
591591 24 provider that provides access to a network system commonly
592592 25 known as the Internet, or any comparable system or service and
593593 26 also includes, but is not limited to, a World Wide Web page,
594594
595595
596596
597597
598598
599599 HB5791 - 16 - LRB103 39952 CES 71411 b
600600
601601
602602 HB5791- 17 -LRB103 39952 CES 71411 b HB5791 - 17 - LRB103 39952 CES 71411 b
603603 HB5791 - 17 - LRB103 39952 CES 71411 b
604604 1 newsgroup, message board, mailing list, or chat area on any
605605 2 interactive computer service or system or other online
606606 3 service.
607607 4 (a-6) "Access" has the meaning ascribed to the term in
608608 5 Section 17-55.
609609 6 (a-7) "Computer" has the meaning ascribed to the term in
610610 7 Section 17-0.5.
611611 8 (b) A "lottery" is any scheme or procedure whereby one or
612612 9 more prizes are distributed by chance among persons who have
613613 10 paid or promised consideration for a chance to win such
614614 11 prizes, whether such scheme or procedure is called a lottery,
615615 12 raffle, gift, sale, or some other name, excluding savings
616616 13 promotion raffles authorized under Section 5g of the Illinois
617617 14 Banking Act, Section 7008 of the Savings Bank Act, Section
618618 15 42.7 of the Illinois Credit Union Act, Section 5136B of the
619619 16 National Bank Act (12 U.S.C. 25a), or Section 4 of the Home
620620 17 Owners' Loan Act (12 U.S.C. 1463).
621621 18 (c) A "policy game" is any scheme or procedure whereby a
622622 19 person promises or guarantees by any instrument, bill,
623623 20 certificate, writing, token, or other device that any
624624 21 particular number, character, ticket, or certificate shall in
625625 22 the event of any contingency in the nature of a lottery entitle
626626 23 the purchaser or holder to receive money, property, or
627627 24 evidence of debt.
628628 25 (Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20;
629629 26 102-558, eff. 8-20-21.)
630630
631631
632632
633633
634634
635635 HB5791 - 17 - LRB103 39952 CES 71411 b
636636
637637
638638 HB5791- 18 -LRB103 39952 CES 71411 b HB5791 - 18 - LRB103 39952 CES 71411 b
639639 HB5791 - 18 - LRB103 39952 CES 71411 b
640640 1 Section 99. Effective date. This Act takes effect upon
641641 2 becoming law.
642642 HB5791- 19 -LRB103 39952 CES 71411 b 1 INDEX 2 Statutes amended in order of appearance HB5791- 19 -LRB103 39952 CES 71411 b HB5791 - 19 - LRB103 39952 CES 71411 b 1 INDEX 2 Statutes amended in order of appearance
643643 HB5791- 19 -LRB103 39952 CES 71411 b HB5791 - 19 - LRB103 39952 CES 71411 b
644644 HB5791 - 19 - LRB103 39952 CES 71411 b
645645 1 INDEX
646646 2 Statutes amended in order of appearance
647647
648648
649649
650650
651651
652652 HB5791 - 18 - LRB103 39952 CES 71411 b
653653
654654
655655
656656 HB5791- 19 -LRB103 39952 CES 71411 b HB5791 - 19 - LRB103 39952 CES 71411 b
657657 HB5791 - 19 - LRB103 39952 CES 71411 b
658658 1 INDEX
659659 2 Statutes amended in order of appearance
660660
661661
662662
663663
664664
665665 HB5791 - 19 - LRB103 39952 CES 71411 b