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 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5791 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: See Index 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 LRB103 39952 CES 71411 b A BILL FOR HB5791LRB103 39952 CES 71411 b HB5791 LRB103 39952 CES 71411 b HB5791 LRB103 39952 CES 71411 b 1 AN ACT concerning gaming. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Video Gaming Act is amended by changing 5 Section 35 and by adding Section 76 as follows: 6 (230 ILCS 40/35) 7 Sec. 35. Display of license; confiscation; violation as 8 felony. 9 (a) Each video gaming terminal shall be licensed by the 10 Board before placement or operation on the premises of a 11 licensed establishment, licensed truck stop establishment, 12 licensed large truck stop establishment, licensed fraternal 13 establishment, or licensed veterans establishment. The license 14 of each video gaming terminal shall be maintained at the 15 location where the video gaming terminal is operated. Failure 16 to do so is a petty offense with a fine not to exceed $100. Any 17 licensed establishment, licensed truck stop establishment, 18 licensed large truck stop establishment, licensed fraternal 19 establishment, or licensed veterans establishment used for the 20 conduct of gambling games in violation of this Act shall be 21 considered a gambling place in violation of Section 28-3 of 22 the Criminal Code of 2012. Every gambling device found in a 23 licensed establishment, licensed truck stop establishment, 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5791 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: See Index 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 LRB103 39952 CES 71411 b A BILL FOR See Index LRB103 39952 CES 71411 b HB5791 LRB103 39952 CES 71411 b HB5791- 2 -LRB103 39952 CES 71411 b HB5791 - 2 - LRB103 39952 CES 71411 b HB5791 - 2 - LRB103 39952 CES 71411 b 1 licensed large truck stop establishment, licensed fraternal 2 establishment, or licensed veterans establishment operating 3 gambling games in violation of this Act shall be subject to 4 seizure, confiscation, and destruction as provided in Section 5 28-5 of the Criminal Code of 2012. Any license issued under the 6 Liquor Control Act of 1934 to any owner or operator of a 7 licensed establishment, licensed truck stop establishment, 8 licensed large truck stop establishment, licensed fraternal 9 establishment, or licensed veterans establishment that 10 operates or permits the operation of a video gaming terminal 11 within its establishment in violation of this Act shall be 12 immediately revoked. No person may own, operate, have in his 13 or her possession or custody or under his or her control, or 14 permit to be kept in any place under his or her possession or 15 control, any device that awards credits and contains a 16 circuit, meter, or switch capable of removing and recording 17 the removal of credits when the award of credits is dependent 18 upon chance. 19 Nothing in this Section shall be deemed to prohibit the 20 use of a game device only if the game device is used in an 21 activity that is not gambling under subsection (b) of Section 22 28-1 of the Criminal Code of 2012. An applicant or licensee 23 under this Act is not in violation of this Act or any of the 24 Illinois Gaming Board rules specific to Illinois Gaming Board 25 Rule 1800.420 and shall not be subject to disciplinary action, 26 delay of any Board consideration, or denial of any license for HB5791 - 2 - LRB103 39952 CES 71411 b HB5791- 3 -LRB103 39952 CES 71411 b HB5791 - 3 - LRB103 39952 CES 71411 b HB5791 - 3 - LRB103 39952 CES 71411 b 1 operating a gaming device if operation of the gaming device is 2 in compliance with, and not considered gambling under, 3 subsection (b) of Section 28-1 or item (iii) of subsection (a) 4 28-2 of the Criminal Code of 2012. 5 A violation of this Section is a Class 4 felony. All 6 devices that are owned, operated, or possessed in violation of 7 this Section are hereby declared to be public nuisances and 8 shall be subject to seizure, confiscation, and destruction as 9 provided in Section 28-5 of the Criminal Code of 2012. 10 The provisions of this Section do not apply to devices or 11 electronic video game terminals licensed pursuant to this Act. 12 A video gaming terminal operated for amusement only and 13 bearing a valid amusement tax sticker shall not be subject to 14 this Section until 30 days after the Board establishes that 15 the central communications system is functional. 16 (b) (1) The odds of winning each video game shall be posted 17 on or near each video gaming terminal. The manner in which the 18 odds are calculated and how they are posted shall be 19 determined by the Board by rule. 20 (2) No video gaming terminal licensed under this Act may 21 be played except during the legal hours of operation allowed 22 for the consumption of alcoholic beverages at the licensed 23 establishment, licensed fraternal establishment, or licensed 24 veterans establishment. A licensed establishment, licensed 25 fraternal establishment, or licensed veterans establishment 26 that violates this subsection is subject to termination of its HB5791 - 3 - LRB103 39952 CES 71411 b HB5791- 4 -LRB103 39952 CES 71411 b HB5791 - 4 - LRB103 39952 CES 71411 b HB5791 - 4 - LRB103 39952 CES 71411 b 1 license by the Board. 2 (Source: P.A. 101-31, eff. 6-28-19.) 3 (230 ILCS 40/76 new) 4 Sec. 76. Gaming Disparity Task Force. 5 (a) The Gaming Disparity Task Force is created. The 6 Governor shall appoint 5 members, including the Chair. The 7 Chair shall set the agenda and staff the Task Force and take 8 all other actions necessary to complete the mission of 9 identifying disparities in the video gambling industry. 10 (b) The Task Force may: 11 (1) maintain a staff; 12 (2) make recommendations for policy, statute, and rule 13 changes; 14 (3) collect data both in Illinois and outside Illinois 15 regarding the regulation of gaming and quasi-gaming, 16 including requiring terminal operators to submit detailed 17 information regarding ownership, revenues, and moneys 18 spent on goods and services and any other information 19 deemed necessary to identify disparities in gaming and 20 lack of minority business enterprise participation; 21 (4) compile or assist in the compilation of any 22 reports required by this Act; 23 (5) ensure the coordination of efforts between various 24 State agencies involved in regulating and taxing gaming or 25 quasi-gaming in Illinois; and HB5791 - 4 - LRB103 39952 CES 71411 b HB5791- 5 -LRB103 39952 CES 71411 b HB5791 - 5 - LRB103 39952 CES 71411 b HB5791 - 5 - LRB103 39952 CES 71411 b 1 (6) encourage, promote, suggest, and report best 2 practices for ensuring diversity in the gaming and 3 quasi-gaming industry in Illinois. 4 (c) Any funding required for the Task Force, its staff, or 5 its activities shall be drawn from a fee determined by the Task 6 Force and collected by the Illinois Gaming Board to be paid by 7 terminal operators that generate at least $5,000,000 of net 8 terminal income in any given month. 9 (d) The Task Force shall commission and publish an annual 10 disparity and availability study that: (1) evaluates whether 11 there exists discrimination in the State's gaming industry; 12 and (2) if so, evaluates the impact of such discrimination on 13 the State and includes recommendations to the Illinois Gaming 14 Board for reducing or eliminating any identified barriers to 15 entry in the video gaming market. 16 The Task Force may compile, collect, or otherwise gather 17 data necessary for the administration of this Section and to 18 carry out the Task Force's duty relating to the recommendation 19 of policy changes. 20 (e) The Task Force shall hold public meetings and issue 21 subpoenas, if necessary, for testimony. 22 (f) The Task Force shall submit a copy of the annual study 23 to the General Assembly no later than February 1 of each year 24 in the manner provided for reports to the General Assembly 25 under Section 3.1 of the General Assembly Organization Act. 26 (g) From any fees collected under subsection (c), the Task HB5791 - 5 - LRB103 39952 CES 71411 b HB5791- 6 -LRB103 39952 CES 71411 b HB5791 - 6 - LRB103 39952 CES 71411 b HB5791 - 6 - LRB103 39952 CES 71411 b 1 Force shall set aside payment to a minority business 2 enterprise-owned terminal operator as provided in this 3 subsection. The Task Force shall direct the Illinois Gaming 4 Board to approve a minority business enterprise to receive the 5 payment as a licensee or person of significant control. 6 Payment to the minority business enterprise shall commence 7 upon the filing of forms with the Illinois Gaming Board as 8 designated by the Board. The Task Force shall calculate the 9 percentage of the fees collected under subsection (c) that 10 shall be set aside to pay to the minority business 11 enterprise-owned terminal operation by calculating the 12 percentage of Illinois' population of the minority group or 13 minority groups of which the minority person or persons who 14 own the terminal operation are part. As used in this 15 subsection, "minority person" has the meaning given to that 16 term in Section 8.12 of the Business Corporation Act of 1983. 17 (h) The Task Force shall establish a process for the 18 sunset of devices exempted under paragraph (13) of subsection 19 (b) of Section 28-1 of the Criminal Code of 2012 and Section 35 20 of the Video Gaming Act. The Task Force shall consider such 21 factors deemed reasonably necessary to rectify disparities in 22 gaming when developing the sunset process. The Task Force 23 shall include, at a minimum, in the process: the authorization 24 of video gambling in any municipality with a population more 25 than 2,000,000 people; the opportunity for all statutorily 26 eligible establishments in any municipality with a population HB5791 - 6 - LRB103 39952 CES 71411 b HB5791- 7 -LRB103 39952 CES 71411 b HB5791 - 7 - LRB103 39952 CES 71411 b HB5791 - 7 - LRB103 39952 CES 71411 b 1 more than 2,000,000 people to apply for a video gaming 2 license; consideration and determination by the Illinois 3 Gaming Board of all statutorily eligible establishments in any 4 municipality with a population more than 2,000,000 people that 5 applied for a video gaming license and any denied applicant 6 had an opportunity to exhaust all administrative and judicial 7 remedies; all eligible and licensed minority establishments in 8 any municipality with a population more than 2,000,000 people 9 has been authorized to commence gambling by the Illinois 10 Gaming Board; and following an independent auditor, selected 11 by the Task Force pursuant to the request-for-proposal 12 process, issues a report documenting that there is a majority 13 of licensed establishments operated by a minority business 14 enterprise terminal operator in any municipality with a 15 population more than 2,000,000 people. 16 Section 10. The Criminal Code of 2012 is amended by 17 changing Sections 28-1 and 28-2 as follows: 18 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1) 19 Sec. 28-1. Gambling. 20 (a) A person commits gambling when he or she: 21 (1) knowingly plays a game of chance or skill for 22 money or other thing of value, unless excepted in 23 subsection (b) of this Section; 24 (2) knowingly makes a wager upon the result of any HB5791 - 7 - LRB103 39952 CES 71411 b HB5791- 8 -LRB103 39952 CES 71411 b HB5791 - 8 - LRB103 39952 CES 71411 b HB5791 - 8 - LRB103 39952 CES 71411 b 1 game, contest, or any political nomination, appointment or 2 election; 3 (3) knowingly operates, keeps, owns, uses, purchases, 4 exhibits, rents, sells, bargains for the sale or lease of, 5 manufactures or distributes any gambling device; 6 (4) contracts to have or give himself or herself or 7 another the option to buy or sell, or contracts to buy or 8 sell, at a future time, any grain or other commodity 9 whatsoever, or any stock or security of any company, where 10 it is at the time of making such contract intended by both 11 parties thereto that the contract to buy or sell, or the 12 option, whenever exercised, or the contract resulting 13 therefrom, shall be settled, not by the receipt or 14 delivery of such property, but by the payment only of 15 differences in prices thereof; however, the issuance, 16 purchase, sale, exercise, endorsement or guarantee, by or 17 through a person registered with the Secretary of State 18 pursuant to Section 8 of the Illinois Securities Law of 19 1953, or by or through a person exempt from such 20 registration under said Section 8, of a put, call, or 21 other option to buy or sell securities which have been 22 registered with the Secretary of State or which are exempt 23 from such registration under Section 3 of the Illinois 24 Securities Law of 1953 is not gambling within the meaning 25 of this paragraph (4); 26 (5) knowingly owns or possesses any book, instrument HB5791 - 8 - LRB103 39952 CES 71411 b HB5791- 9 -LRB103 39952 CES 71411 b HB5791 - 9 - LRB103 39952 CES 71411 b HB5791 - 9 - LRB103 39952 CES 71411 b 1 or apparatus by means of which bets or wagers have been, or 2 are, recorded or registered, or knowingly possesses any 3 money which he has received in the course of a bet or 4 wager; 5 (6) knowingly sells pools upon the result of any game 6 or contest of skill or chance, political nomination, 7 appointment or election; 8 (7) knowingly sets up or promotes any lottery or 9 sells, offers to sell or transfers any ticket or share for 10 any lottery; 11 (8) knowingly sets up or promotes any policy game or 12 sells, offers to sell or knowingly possesses or transfers 13 any policy ticket, slip, record, document or other similar 14 device; 15 (9) knowingly drafts, prints or publishes any lottery 16 ticket or share, or any policy ticket, slip, record, 17 document or similar device, except for such activity 18 related to lotteries, bingo games and raffles authorized 19 by and conducted in accordance with the laws of Illinois 20 or any other state or foreign government; 21 (10) knowingly advertises any lottery or policy game, 22 except for such activity related to lotteries, bingo games 23 and raffles authorized by and conducted in accordance with 24 the laws of Illinois or any other state; 25 (11) knowingly transmits information as to wagers, 26 betting odds, or changes in betting odds by telephone, HB5791 - 9 - LRB103 39952 CES 71411 b HB5791- 10 -LRB103 39952 CES 71411 b HB5791 - 10 - LRB103 39952 CES 71411 b HB5791 - 10 - LRB103 39952 CES 71411 b 1 telegraph, radio, semaphore or similar means; or knowingly 2 installs or maintains equipment for the transmission or 3 receipt of such information; except that nothing in this 4 subdivision (11) prohibits transmission or receipt of such 5 information for use in news reporting of sporting events 6 or contests; or 7 (12) knowingly establishes, maintains, or operates an 8 Internet site that permits a person to play a game of 9 chance or skill for money or other thing of value by means 10 of the Internet or to make a wager upon the result of any 11 game, contest, political nomination, appointment, or 12 election by means of the Internet. This item (12) does not 13 apply to activities referenced in items (6), (6.1), (8), 14 (8.1), and (15) of subsection (b) of this Section. 15 (b) Participants in any of the following activities shall 16 not be convicted of gambling: 17 (1) Agreements to compensate for loss caused by the 18 happening of chance including without limitation contracts 19 of indemnity or guaranty and life or health or accident 20 insurance. 21 (2) Offers of prizes, award or compensation to the 22 actual contestants in any bona fide contest for the 23 determination of skill, speed, strength or endurance or to 24 the owners of animals or vehicles entered in such contest. 25 (3) Pari-mutuel betting as authorized by the law of 26 this State. HB5791 - 10 - LRB103 39952 CES 71411 b HB5791- 11 -LRB103 39952 CES 71411 b HB5791 - 11 - LRB103 39952 CES 71411 b HB5791 - 11 - LRB103 39952 CES 71411 b 1 (4) Manufacture of gambling devices, including the 2 acquisition of essential parts therefor and the assembly 3 thereof, for transportation in interstate or foreign 4 commerce to any place outside this State when such 5 transportation is not prohibited by any applicable Federal 6 law; or the manufacture, distribution, or possession of 7 video gaming terminals, as defined in the Video Gaming 8 Act, by manufacturers, distributors, and terminal 9 operators licensed to do so under the Video Gaming Act. 10 (5) The game commonly known as "bingo", when conducted 11 in accordance with the Bingo License and Tax Act. 12 (6) Lotteries when conducted by the State of Illinois 13 in accordance with the Illinois Lottery Law. This 14 exemption includes any activity conducted by the 15 Department of Revenue to sell lottery tickets pursuant to 16 the provisions of the Illinois Lottery Law and its rules. 17 (6.1) The purchase of lottery tickets through the 18 Internet for a lottery conducted by the State of Illinois 19 under the program established in Section 7.12 of the 20 Illinois Lottery Law. 21 (7) Possession of an antique slot machine that is 22 neither used nor intended to be used in the operation or 23 promotion of any unlawful gambling activity or enterprise. 24 For the purpose of this subparagraph (b)(7), an antique 25 slot machine is one manufactured 25 years ago or earlier. 26 (8) Raffles and poker runs when conducted in HB5791 - 11 - LRB103 39952 CES 71411 b HB5791- 12 -LRB103 39952 CES 71411 b HB5791 - 12 - LRB103 39952 CES 71411 b HB5791 - 12 - LRB103 39952 CES 71411 b 1 accordance with the Raffles and Poker Runs Act. 2 (8.1) The purchase of raffle chances for a raffle 3 conducted in accordance with the Raffles and Poker Runs 4 Act. 5 (9) Charitable games when conducted in accordance with 6 the Charitable Games Act. 7 (10) Pull tabs and jar games when conducted under the 8 Illinois Pull Tabs and Jar Games Act. 9 (11) Gambling games when authorized by the Illinois 10 Gambling Act. 11 (12) Video gaming terminal games at a licensed 12 establishment, licensed truck stop establishment, licensed 13 large truck stop establishment, licensed fraternal 14 establishment, or licensed veterans establishment when 15 conducted in accordance with the Video Gaming Act. 16 (13) Games of skill or chance where money or other 17 things of value can be won but no payment or purchase is 18 required to participate, except where participation in 19 such game of skill or chance is accomplished using a 20 gambling device prohibited by item (a)(iii) of Section 21 28-2. 22 (14) Savings promotion raffles authorized under 23 Section 5g of the Illinois Banking Act, Section 7008 of 24 the Savings Bank Act, Section 42.7 of the Illinois Credit 25 Union Act, Section 5136B of the National Bank Act (12 26 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12 HB5791 - 12 - LRB103 39952 CES 71411 b HB5791- 13 -LRB103 39952 CES 71411 b HB5791 - 13 - LRB103 39952 CES 71411 b HB5791 - 13 - LRB103 39952 CES 71411 b 1 U.S.C. 1463). 2 (15) Sports wagering when conducted in accordance with 3 the Sports Wagering Act. 4 (c) Sentence. 5 (1) Gambling is a Class A misdemeanor. A second or 6 subsequent conviction under subsections (a)(3) through 7 (a)(12), is a Class 4 felony. 8 (2) Notwithstanding subsection (c)(1), or anything 9 else contained in this Section to the contrary, a gambling 10 offense involving a device described in item (a)(iii) 11 Section 28-2 is a Class 4 felony. 12 (d) Circumstantial evidence. 13 In prosecutions under this Section circumstantial evidence 14 shall have the same validity and weight as in any criminal 15 prosecution. 16 (Source: P.A. 101-31, Article 25, Section 25-915, eff. 17 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; 18 101-109, eff. 7-19-19; 102-558, eff. 8-20-21.) 19 (720 ILCS 5/28-2) (from Ch. 38, par. 28-2) 20 Sec. 28-2. Definitions. 21 (a) A "gambling device" is (i) any clock, tape machine, 22 slot machine or other machines or device for the reception of 23 money or other thing of value on chance or skill or upon the 24 action of which money or other thing of value is staked, 25 hazarded, bet, won, or lost; (ii) or any mechanism, furniture, HB5791 - 13 - LRB103 39952 CES 71411 b HB5791- 14 -LRB103 39952 CES 71411 b HB5791 - 14 - LRB103 39952 CES 71411 b HB5791 - 14 - LRB103 39952 CES 71411 b 1 fixture, equipment, or other device designed primarily for use 2 in a gambling place; or (iii) any vending or other electronic 3 machine or device, including, without limitation a machine or 4 device that awards credits and contains a circuit, meter, or 5 switch capable of removing and recording the removal of 6 credits or that is connected directly or indirectly to the 7 Internet, either by cellular modem, hard wire, or wireless 8 connection, or to a set of interconnected networked devices in 9 order to participate in the game or contest or to receive or 10 retrieve any data related to the device unless the connected 11 device is a redemption vault; or does not operate with a 12 self-contained fill system that permits the operation of the 13 device solely determined on a fee basis or the amount of 14 revenue generated but does not include a system based on time, 15 number of spins or spin equivalent or other nonrevenue based 16 system, and automatically ceases to operate upon the 17 completion of a pre-determined cycle. A "gambling device" does 18 not include: 19 (1) A coin-in-the-slot operated mechanical device 20 played for amusement which rewards the player with the 21 right to replay such mechanical device, which device is so 22 constructed or devised as to make such result of the 23 operation thereof depend in part upon the skill of the 24 player and which returns to the player thereof no money, 25 property, or right to receive money or property. 26 (2) Except as otherwise provided in this subsection HB5791 - 14 - LRB103 39952 CES 71411 b HB5791- 15 -LRB103 39952 CES 71411 b HB5791 - 15 - LRB103 39952 CES 71411 b HB5791 - 15 - LRB103 39952 CES 71411 b 1 (a), a vending machine Vending machines by which full and 2 adequate return is made for the money invested and in 3 which there is no element of chance or hazard. 4 (3) A crane game. For the purposes of this paragraph 5 (3), a "crane game" is an amusement device involving 6 skill, if it rewards the player exclusively with 7 merchandise contained within the amusement device proper 8 and limited to toys, novelties, and prizes other than 9 currency, each having a wholesale value which is not more 10 than $25. 11 (4) A redemption machine. For the purposes of this 12 paragraph (4), a "redemption machine" is a single-player 13 or multi-player amusement device involving a game, the 14 object of which is throwing, rolling, bowling, shooting, 15 placing, or propelling a ball or other object that is 16 either physical or computer generated on a display or with 17 lights into, upon, or against a hole or other target that 18 is either physical or computer generated on a display or 19 with lights, or stopping, by physical, mechanical, or 20 electronic means, a moving object that is either physical 21 or computer generated on a display or with lights into, 22 upon, or against a hole or other target that is either 23 physical or computer generated on a display or with 24 lights, provided that all of the following conditions are 25 met: 26 (A) The outcome of the game is predominantly HB5791 - 15 - LRB103 39952 CES 71411 b HB5791- 16 -LRB103 39952 CES 71411 b HB5791 - 16 - LRB103 39952 CES 71411 b HB5791 - 16 - LRB103 39952 CES 71411 b 1 determined by the skill of the player. 2 (B) The award of the prize is based solely upon the 3 player's achieving the object of the game or otherwise 4 upon the player's score. 5 (C) Only merchandise prizes are awarded. 6 (D) The wholesale value of prizes awarded in lieu 7 of tickets or tokens for single play of the device does 8 not exceed $25. 9 (E) The redemption value of tickets, tokens, and 10 other representations of value, which may be 11 accumulated by players to redeem prizes of greater 12 value, for a single play of the device does not exceed 13 $25. 14 (5) Video gaming terminals at a licensed 15 establishment, licensed truck stop establishment, licensed 16 large truck stop establishment, licensed fraternal 17 establishment, or licensed veterans establishment licensed 18 in accordance with the Video Gaming Act. 19 (a-5) "Internet" means an interactive computer service or 20 system or an information service, system, or access software 21 provider that provides or enables computer access by multiple 22 users to a computer server, and includes, but is not limited 23 to, an information service, system, or access software 24 provider that provides access to a network system commonly 25 known as the Internet, or any comparable system or service and 26 also includes, but is not limited to, a World Wide Web page, HB5791 - 16 - LRB103 39952 CES 71411 b HB5791- 17 -LRB103 39952 CES 71411 b HB5791 - 17 - LRB103 39952 CES 71411 b HB5791 - 17 - LRB103 39952 CES 71411 b 1 newsgroup, message board, mailing list, or chat area on any 2 interactive computer service or system or other online 3 service. 4 (a-6) "Access" has the meaning ascribed to the term in 5 Section 17-55. 6 (a-7) "Computer" has the meaning ascribed to the term in 7 Section 17-0.5. 8 (b) A "lottery" is any scheme or procedure whereby one or 9 more prizes are distributed by chance among persons who have 10 paid or promised consideration for a chance to win such 11 prizes, whether such scheme or procedure is called a lottery, 12 raffle, gift, sale, or some other name, excluding savings 13 promotion raffles authorized under Section 5g of the Illinois 14 Banking Act, Section 7008 of the Savings Bank Act, Section 15 42.7 of the Illinois Credit Union Act, Section 5136B of the 16 National Bank Act (12 U.S.C. 25a), or Section 4 of the Home 17 Owners' Loan Act (12 U.S.C. 1463). 18 (c) A "policy game" is any scheme or procedure whereby a 19 person promises or guarantees by any instrument, bill, 20 certificate, writing, token, or other device that any 21 particular number, character, ticket, or certificate shall in 22 the event of any contingency in the nature of a lottery entitle 23 the purchaser or holder to receive money, property, or 24 evidence of debt. 25 (Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20; 26 102-558, eff. 8-20-21.) HB5791 - 17 - LRB103 39952 CES 71411 b HB5791- 18 -LRB103 39952 CES 71411 b HB5791 - 18 - LRB103 39952 CES 71411 b HB5791 - 18 - LRB103 39952 CES 71411 b 1 Section 99. Effective date. This Act takes effect upon 2 becoming law. 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 HB5791- 19 -LRB103 39952 CES 71411 b HB5791 - 19 - LRB103 39952 CES 71411 b HB5791 - 19 - LRB103 39952 CES 71411 b 1 INDEX 2 Statutes amended in order of appearance HB5791 - 18 - LRB103 39952 CES 71411 b HB5791- 19 -LRB103 39952 CES 71411 b HB5791 - 19 - LRB103 39952 CES 71411 b HB5791 - 19 - LRB103 39952 CES 71411 b 1 INDEX 2 Statutes amended in order of appearance HB5791 - 19 - LRB103 39952 CES 71411 b