IL
Illinois House Bill HB5832

Illinois 2023-2024 Regular Session

Illinois House Bill HB5832 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5832 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: New Act720 ILCS 5/28-1 from Ch. 38, par. 28-1 Creates the Family Amusement Wagering Prohibition Act. Prohibits a family amusement establishment from facilitating wagering on amusement games. Prohibits a family amusement establishment from engaging in advertising that promotes wagering on amusement games. Provides that nothing in the Act shall prohibit a family amusement establishment from offering: (1) an amusement game that entitles or enables a single player to receive a coupon or a point that may only be redeemed onsite for merchandise and the coupon or point has no value other than for redemption onsite for merchandise; or (2) an amusement game that allows a single player to manipulate a claw or similar device within an enclosure that entitles or enables a person to receive merchandise directly from the amusement game. Defines terms. Amends the Criminal Code of 2012. Provides that a person commits gambling, and is guilty of a Class A misdemeanor, when he or she knowingly facilitates wagering on amusement games or knowingly engages in advertising that promotes wagering on amusement games in violation of the Family Amusement Wagering Prohibition Act. LRB103 40514 LNS 72998 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5832 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: New Act720 ILCS 5/28-1 from Ch. 38, par. 28-1 New Act 720 ILCS 5/28-1 from Ch. 38, par. 28-1 Creates the Family Amusement Wagering Prohibition Act. Prohibits a family amusement establishment from facilitating wagering on amusement games. Prohibits a family amusement establishment from engaging in advertising that promotes wagering on amusement games. Provides that nothing in the Act shall prohibit a family amusement establishment from offering: (1) an amusement game that entitles or enables a single player to receive a coupon or a point that may only be redeemed onsite for merchandise and the coupon or point has no value other than for redemption onsite for merchandise; or (2) an amusement game that allows a single player to manipulate a claw or similar device within an enclosure that entitles or enables a person to receive merchandise directly from the amusement game. Defines terms. Amends the Criminal Code of 2012. Provides that a person commits gambling, and is guilty of a Class A misdemeanor, when he or she knowingly facilitates wagering on amusement games or knowingly engages in advertising that promotes wagering on amusement games in violation of the Family Amusement Wagering Prohibition Act. LRB103 40514 LNS 72998 b LRB103 40514 LNS 72998 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5832 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
33 New Act720 ILCS 5/28-1 from Ch. 38, par. 28-1 New Act 720 ILCS 5/28-1 from Ch. 38, par. 28-1
44 New Act
55 720 ILCS 5/28-1 from Ch. 38, par. 28-1
66 Creates the Family Amusement Wagering Prohibition Act. Prohibits a family amusement establishment from facilitating wagering on amusement games. Prohibits a family amusement establishment from engaging in advertising that promotes wagering on amusement games. Provides that nothing in the Act shall prohibit a family amusement establishment from offering: (1) an amusement game that entitles or enables a single player to receive a coupon or a point that may only be redeemed onsite for merchandise and the coupon or point has no value other than for redemption onsite for merchandise; or (2) an amusement game that allows a single player to manipulate a claw or similar device within an enclosure that entitles or enables a person to receive merchandise directly from the amusement game. Defines terms. Amends the Criminal Code of 2012. Provides that a person commits gambling, and is guilty of a Class A misdemeanor, when he or she knowingly facilitates wagering on amusement games or knowingly engages in advertising that promotes wagering on amusement games in violation of the Family Amusement Wagering Prohibition Act.
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1212 1 AN ACT concerning gaming.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 1. Short title. This Act may be cited as the Family
1616 5 Amusement Wagering Prohibition Act.
1717 6 Section 5. Definitions. As used in this Act:
1818 7 "Advertise" means to engage in promotional activities,
1919 8 including, but not limited to, newspaper, radio, Internet and
2020 9 electronic media, and television advertising, the distribution
2121 10 of fliers and circulars, billboard advertising, and the
2222 11 display of window and interior signs.
2323 12 "Amusement game" means a game or machine which a person
2424 13 activates by inserting or using currency or a coin, card,
2525 14 coupon, slug, token, or similar device, and the person playing
2626 15 or operating the game or machine impacts the outcome of the
2727 16 game. "Amusement game" includes games of skill, games of
2828 17 chance, and games of a combination of skill and chance.
2929 18 "Amusement game" does not include video gaming terminals
3030 19 operating in compliance with the Video Gaming Act.
3131 20 "Family amusement establishment" means a place of business
3232 21 with amusement games on the premises.
3333 22 "Merchandise" means noncash prizes maintained on the
3434 23 premises by the family amusement establishment, including toys
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5832 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
3939 New Act720 ILCS 5/28-1 from Ch. 38, par. 28-1 New Act 720 ILCS 5/28-1 from Ch. 38, par. 28-1
4040 New Act
4141 720 ILCS 5/28-1 from Ch. 38, par. 28-1
4242 Creates the Family Amusement Wagering Prohibition Act. Prohibits a family amusement establishment from facilitating wagering on amusement games. Prohibits a family amusement establishment from engaging in advertising that promotes wagering on amusement games. Provides that nothing in the Act shall prohibit a family amusement establishment from offering: (1) an amusement game that entitles or enables a single player to receive a coupon or a point that may only be redeemed onsite for merchandise and the coupon or point has no value other than for redemption onsite for merchandise; or (2) an amusement game that allows a single player to manipulate a claw or similar device within an enclosure that entitles or enables a person to receive merchandise directly from the amusement game. Defines terms. Amends the Criminal Code of 2012. Provides that a person commits gambling, and is guilty of a Class A misdemeanor, when he or she knowingly facilitates wagering on amusement games or knowingly engages in advertising that promotes wagering on amusement games in violation of the Family Amusement Wagering Prohibition Act.
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7171 1 and novelties. "Merchandise" does not include any prize or
7272 2 other item, if the exchange or conversion to cash or a cash
7373 3 equivalent is facilitated or permitted by the family amusement
7474 4 establishment.
7575 5 "Wager" means a sum of money or thing of value risked on an
7676 6 uncertain outcome.
7777 7 Section 10. Wagering facilitation prohibited. No family
7878 8 amusement establishment shall facilitate wagering on amusement
7979 9 games. Facilitating wagering on amusement games includes, but
8080 10 is not limited to, taking any action that knowingly allows any
8181 11 entity to facilitate gambling on amusement games on the family
8282 12 amusement establishment's premises.
8383 13 Section 15. Wagering advertising prohibited. No family
8484 14 amusement establishment shall engage in advertising that
8585 15 promotes wagering on amusement games.
8686 16 Section 20. Merchandise prizes. Nothing in this Act shall
8787 17 prohibit a family amusement establishment from offering:
8888 18 (1) an amusement game that, upon activation and game
8989 19 play, entitles or enables a single player to receive a
9090 20 coupon or a point that may only be redeemed onsite for
9191 21 merchandise and the coupon or point has no value other
9292 22 than for redemption onsite for merchandise; or
9393 23 (2) an amusement game that allows a single player to
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104104 1 manipulate a claw or similar device within an enclosure
105105 2 that entitles or enables a person to receive merchandise
106106 3 directly from the amusement game.
107107 4 Section 25. The Criminal Code of 2012 is amended by
108108 5 changing Section 28-1 as follows:
109109 6 (720 ILCS 5/28-1) (from Ch. 38, par. 28-1)
110110 7 Sec. 28-1. Gambling.
111111 8 (a) A person commits gambling when he or she:
112112 9 (1) knowingly plays a game of chance or skill for
113113 10 money or other thing of value, unless excepted in
114114 11 subsection (b) of this Section;
115115 12 (2) knowingly makes a wager upon the result of any
116116 13 game, contest, or any political nomination, appointment or
117117 14 election;
118118 15 (3) knowingly operates, keeps, owns, uses, purchases,
119119 16 exhibits, rents, sells, bargains for the sale or lease of,
120120 17 manufactures or distributes any gambling device;
121121 18 (4) contracts to have or give himself or herself or
122122 19 another the option to buy or sell, or contracts to buy or
123123 20 sell, at a future time, any grain or other commodity
124124 21 whatsoever, or any stock or security of any company, where
125125 22 it is at the time of making such contract intended by both
126126 23 parties thereto that the contract to buy or sell, or the
127127 24 option, whenever exercised, or the contract resulting
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138138 1 therefrom, shall be settled, not by the receipt or
139139 2 delivery of such property, but by the payment only of
140140 3 differences in prices thereof; however, the issuance,
141141 4 purchase, sale, exercise, endorsement or guarantee, by or
142142 5 through a person registered with the Secretary of State
143143 6 pursuant to Section 8 of the Illinois Securities Law of
144144 7 1953, or by or through a person exempt from such
145145 8 registration under said Section 8, of a put, call, or
146146 9 other option to buy or sell securities which have been
147147 10 registered with the Secretary of State or which are exempt
148148 11 from such registration under Section 3 of the Illinois
149149 12 Securities Law of 1953 is not gambling within the meaning
150150 13 of this paragraph (4);
151151 14 (5) knowingly owns or possesses any book, instrument
152152 15 or apparatus by means of which bets or wagers have been, or
153153 16 are, recorded or registered, or knowingly possesses any
154154 17 money which he has received in the course of a bet or
155155 18 wager;
156156 19 (6) knowingly sells pools upon the result of any game
157157 20 or contest of skill or chance, political nomination,
158158 21 appointment or election;
159159 22 (7) knowingly sets up or promotes any lottery or
160160 23 sells, offers to sell or transfers any ticket or share for
161161 24 any lottery;
162162 25 (8) knowingly sets up or promotes any policy game or
163163 26 sells, offers to sell or knowingly possesses or transfers
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174174 1 any policy ticket, slip, record, document or other similar
175175 2 device;
176176 3 (9) knowingly drafts, prints or publishes any lottery
177177 4 ticket or share, or any policy ticket, slip, record,
178178 5 document or similar device, except for such activity
179179 6 related to lotteries, bingo games and raffles authorized
180180 7 by and conducted in accordance with the laws of Illinois
181181 8 or any other state or foreign government;
182182 9 (10) knowingly advertises any lottery or policy game,
183183 10 except for such activity related to lotteries, bingo games
184184 11 and raffles authorized by and conducted in accordance with
185185 12 the laws of Illinois or any other state;
186186 13 (11) knowingly transmits information as to wagers,
187187 14 betting odds, or changes in betting odds by telephone,
188188 15 telegraph, radio, semaphore or similar means; or knowingly
189189 16 installs or maintains equipment for the transmission or
190190 17 receipt of such information; except that nothing in this
191191 18 subdivision (11) prohibits transmission or receipt of such
192192 19 information for use in news reporting of sporting events
193193 20 or contests; or
194194 21 (12) knowingly establishes, maintains, or operates an
195195 22 Internet site that permits a person to play a game of
196196 23 chance or skill for money or other thing of value by means
197197 24 of the Internet or to make a wager upon the result of any
198198 25 game, contest, political nomination, appointment, or
199199 26 election by means of the Internet. This item (12) does not
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210210 1 apply to activities referenced in items (6), (6.1), (8),
211211 2 (8.1), and (15) of subsection (b) of this Section; or .
212212 3 (13) knowingly facilitates wagering on amusement games
213213 4 or knowingly engages in advertising that promotes wagering
214214 5 on amusement games in violation of the Family Amusement
215215 6 Wagering Prohibition Act.
216216 7 (b) Participants in any of the following activities shall
217217 8 not be convicted of gambling:
218218 9 (1) Agreements to compensate for loss caused by the
219219 10 happening of chance including without limitation contracts
220220 11 of indemnity or guaranty and life or health or accident
221221 12 insurance.
222222 13 (2) Offers of prizes, award or compensation to the
223223 14 actual contestants in any bona fide contest for the
224224 15 determination of skill, speed, strength or endurance or to
225225 16 the owners of animals or vehicles entered in such contest.
226226 17 (3) Pari-mutuel betting as authorized by the law of
227227 18 this State.
228228 19 (4) Manufacture of gambling devices, including the
229229 20 acquisition of essential parts therefor and the assembly
230230 21 thereof, for transportation in interstate or foreign
231231 22 commerce to any place outside this State when such
232232 23 transportation is not prohibited by any applicable Federal
233233 24 law; or the manufacture, distribution, or possession of
234234 25 video gaming terminals, as defined in the Video Gaming
235235 26 Act, by manufacturers, distributors, and terminal
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246246 1 operators licensed to do so under the Video Gaming Act.
247247 2 (5) The game commonly known as "bingo", when conducted
248248 3 in accordance with the Bingo License and Tax Act.
249249 4 (6) Lotteries when conducted by the State of Illinois
250250 5 in accordance with the Illinois Lottery Law. This
251251 6 exemption includes any activity conducted by the
252252 7 Department of Revenue to sell lottery tickets pursuant to
253253 8 the provisions of the Illinois Lottery Law and its rules.
254254 9 (6.1) The purchase of lottery tickets through the
255255 10 Internet for a lottery conducted by the State of Illinois
256256 11 under the program established in Section 7.12 of the
257257 12 Illinois Lottery Law.
258258 13 (7) Possession of an antique slot machine that is
259259 14 neither used nor intended to be used in the operation or
260260 15 promotion of any unlawful gambling activity or enterprise.
261261 16 For the purpose of this subparagraph (b)(7), an antique
262262 17 slot machine is one manufactured 25 years ago or earlier.
263263 18 (8) Raffles and poker runs when conducted in
264264 19 accordance with the Raffles and Poker Runs Act.
265265 20 (8.1) The purchase of raffle chances for a raffle
266266 21 conducted in accordance with the Raffles and Poker Runs
267267 22 Act.
268268 23 (9) Charitable games when conducted in accordance with
269269 24 the Charitable Games Act.
270270 25 (10) Pull tabs and jar games when conducted under the
271271 26 Illinois Pull Tabs and Jar Games Act.
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282282 1 (11) Gambling games when authorized by the Illinois
283283 2 Gambling Act.
284284 3 (12) Video gaming terminal games at a licensed
285285 4 establishment, licensed truck stop establishment, licensed
286286 5 large truck stop establishment, licensed fraternal
287287 6 establishment, or licensed veterans establishment when
288288 7 conducted in accordance with the Video Gaming Act.
289289 8 (13) Games of skill or chance where money or other
290290 9 things of value can be won but no payment or purchase is
291291 10 required to participate.
292292 11 (14) Savings promotion raffles authorized under
293293 12 Section 5g of the Illinois Banking Act, Section 7008 of
294294 13 the Savings Bank Act, Section 42.7 of the Illinois Credit
295295 14 Union Act, Section 5136B of the National Bank Act (12
296296 15 U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12
297297 16 U.S.C. 1463).
298298 17 (15) Sports wagering when conducted in accordance with
299299 18 the Sports Wagering Act.
300300 19 (c) Sentence.
301301 20 Gambling is a Class A misdemeanor. A second or subsequent
302302 21 conviction under subsections (a)(3) through (a)(12), is a
303303 22 Class 4 felony.
304304 23 (d) Circumstantial evidence.
305305 24 In prosecutions under this Section circumstantial evidence
306306 25 shall have the same validity and weight as in any criminal
307307 26 prosecution.
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