HB 2724

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Full Text of HB2724
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	HB2724 - 104th General Assembly
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			Senate Amendment 001
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		HB2724 Engrossed		LRB104 12064 LNS 22159 b
1    AN ACT concerning gaming.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Family
5Amusement Wagering Prohibition Act.
6    Section 5. Definitions. As used in this Act:
7    "Advertise" means to engage in promotional activities,
8including, but not limited to, newspaper, radio, Internet and
9electronic media, and television advertising, the distribution
10of fliers and circulars, billboard advertising, and the
11display of window and interior signs.
12    "Amusement device" means a game or machine which a person
13activates by inserting or using currency or a coin, card,
14coupon, slug, token, or similar device, and the person playing
15or operating the game or machine impacts the outcome of the
16game. "Amusement device" includes games of skill, games of
17chance, and games of a combination of skill and chance.
18"Amusement device" does not include a device certified by the
19Illinois Gaming Board to be operated by an Illinois Gaming
20Board licensee.
21    "Crane game" means an amusement device involving skill, if
22it rewards the player exclusively with merchandise contained
23within the amusement device proper and limited to toys,
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1novelties, and prizes other than currency, each having a
2wholesale value which is not more than $25.
3    "Facilitate" means the aiding, abetting, assisting,
4inciting, or inducing the wagering on the outcome of any game
5or contest on any amusement devices by any person.
6    "Family amusement establishment" means a place of business
7with amusement devices on the premises.
8    "Merchandise" means noncash prizes maintained on the
9premises by the family amusement establishment, including toys
10and novelties. "Merchandise" does not include any prize or
11other item, if the exchange or conversion to cash or a cash
12equivalent is facilitated or permitted by the family amusement
13establishment.
14    "Redemption machine" means a single-player or multi-player
15amusement device involving a game, the object of which is
16throwing, rolling, bowling, shooting, placing, or propelling a
17ball or other object that is either physical or computer
18generated on a display or with lights into, upon, or against a
19hole or other target that is either physical or computer
20generated on a display or with lights, or stopping, by
21physical, mechanical, or electronic means, a moving object
22that is either physical or computer generated on a display or
23with lights into, upon, or against a hole or other target that
24is either physical or computer generated on a display or with
25lights, if all of the following conditions are met:
26        (1) The outcome of the game is predominantly
		HB2724 Engrossed	- 3 -	LRB104 12064 LNS 22159 b
1    determined by the skill of the player.
2        (2) 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        (3) Only merchandise prizes are awarded.
6        (4) The wholesale value of prizes awarded in lieu of
7    tickets or tokens for single play of the device does not
8    exceed $25.
9        (5) The redemption value of tickets, tokens, and other
10    representations of value, which may be accumulated by
11    players to redeem prizes of greater value, for a single
12    play of the device does not exceed $25.
13    "Wager" means a sum of money or thing of value risked on an
14uncertain outcome.
15    Section 10. Wagering facilitation prohibited. No owner or
16operator of a family amusement establishment shall facilitate
17wagering on amusement devices. Facilitating wagering on
18amusement devices includes, but is not limited to, taking any
19action that knowingly allows any entity to facilitate wagering
20on amusement devices on the family amusement establishment's
21premises.
22    Section 15. Wagering advertising prohibited. No owner or
23operator of a family amusement establishment shall engage in
24advertising that promotes wagering on amusement devices.
		HB2724 Engrossed	- 4 -	LRB104 12064 LNS 22159 b
1    Section 20. Exemptions. Nothing in this Act shall prohibit
2a family amusement establishment from offering:
3        (1) a coin-in-the-slot operated mechanical device
4    played for amusement which rewards the player with the
5    right to replay such mechanical device, which device is so
6    constructed or devised as to make such result of the
7    operation thereof depend in part upon the skill of the
8    player and which returns to the player thereof no money,
9    property, or right to receive money or property;
10        (2) a vending machine by which full and adequate
11    return is made for the money invested and in which there is
12    no element of chance or hazard;
13        (3) a crane game;
14        (4) a redemption machine; or
15        (5) a bona fide game or contest where the participants
16    pay a fixed entry fee to enter and engage in a game or
17    contest at a scheduled date and time that predominantly
18    involves skill, speed, accuracy, strength, or endurance of
19    the persons entering and participating in the game or
20    contest and one or more of the participants may win a
21    prize, award, or compensation to be paid from the entry
22    fees collected to the actual contestants in the game or
23    contest.
24    Section 25. The Criminal Code of 2012 is amended by
		HB2724 Engrossed	- 5 -	LRB104 12064 LNS 22159 b
1changing Sections 28-1 and 28-1.1 as follows:
2    (720 ILCS 5/28-1)  (from Ch. 38, par. 28-1)
3    Sec. 28-1. Gambling.
4    (a) A person commits gambling when he or she:
5        (1) knowingly plays a game of chance or skill for
6    money or other thing of value, unless excepted in
7    subsection (b) of this Section;
8        (2) knowingly makes a wager upon the result of any
9    game, contest, or any political nomination, appointment,
10    or election;
11        (3) knowingly operates, keeps, owns, uses, purchases,
12    exhibits, rents, sells, bargains for the sale or lease of,
13    manufactures, or distributes any gambling device;
14        (4) contracts to have or give himself or herself or
15    another the option to buy or sell, or contracts to buy or
16    sell, at a future time, any grain or other commodity
17    whatsoever, or any stock or security of any company, where
18    it is at the time of making such contract intended by both
19    parties thereto that the contract to buy or sell, or the
20    option, whenever exercised, or the contract resulting
21    therefrom, shall be settled, not by the receipt or
22    delivery of such property, but by the payment only of
23    differences in prices thereof; however, the issuance,
24    purchase, sale, exercise, endorsement, or guarantee, by or
25    through a person registered with the Secretary of State
		HB2724 Engrossed	- 6 -	LRB104 12064 LNS 22159 b
1    pursuant to Section 8 of the Illinois Securities Law of
2    1953, or by or through a person exempt from such
3    registration under said Section 8, of a put, call, or
4    other option to buy or sell securities which have been
5    registered with the Secretary of State or which are exempt
6    from such registration under Section 3 of the Illinois
7    Securities Law of 1953 is not gambling within the meaning
8    of this paragraph (4);
9        (5) knowingly owns or possesses any book, instrument,
10    or apparatus by means of which bets or wagers have been, or
11    are, recorded or registered, or knowingly possesses any
12    money which he has received in the course of a bet or
13    wager;
14        (6) knowingly sells pools upon the result of any game
15    or contest of skill or chance, political nomination,
16    appointment, or election;
17        (7) knowingly sets up or promotes any lottery or
18    sells, offers to sell, or transfers any ticket or share
19    for any lottery;
20        (8) knowingly sets up or promotes any policy game or
21    sells, offers to sell, or knowingly possesses or transfers
22    any policy ticket, slip, record, document, or other
23    similar device;
24        (9) knowingly drafts, prints, or publishes any lottery
25    ticket or share, or any policy ticket, slip, record,
26    document, or similar device, except for such activity
		HB2724 Engrossed	- 7 -	LRB104 12064 LNS 22159 b
1    related to lotteries, bingo games, and raffles authorized
2    by and conducted in accordance with the laws of Illinois
3    or any other state or foreign government;
4        (10) knowingly advertises any lottery or policy game,
5    except for such activity related to lotteries, bingo
6    games, and raffles authorized by and conducted in
7    accordance with the laws of Illinois or any other state;
8        (11) knowingly transmits information as to wagers,
9    betting odds, or changes in betting odds by telephone,
10    telegraph, radio, semaphore, or similar means; or
11    knowingly installs or maintains equipment for the
12    transmission or receipt of such information; except that
13    nothing in this subdivision (11) prohibits transmission or
14    receipt of such information for use in news reporting of
15    sporting events or contests; [or]
16        (12) knowingly establishes, maintains, or operates an
17    Internet site that permits a person to play a game of
18    chance or skill for money or other thing of value by means
19    of the Internet or to make a wager upon the result of any
20    game, contest, political nomination, appointment, or
21    election by means of the Internet. This item (12) does not
22    apply to activities referenced in items (6), (6.1), (8),
23    (8.1), and (15) of subsection (b) of this Section; or [.]
24        (13) knowingly facilitates wagering on amusement 
25    devices or knowingly engages in advertising that promotes 
26    wagering on amusement devices in violation of the Family 
		HB2724 Engrossed	- 8 -	LRB104 12064 LNS 22159 b
1    Amusement Wagering Prohibition Act.
2    (b) Participants in any of the following activities shall
3not be convicted of gambling:
4        (1) Agreements to compensate for loss caused by the
5    happening of chance including without limitation contracts
6    of indemnity or guaranty and life or health or accident
7    insurance.
8        (2) Unless prohibited by the Family Amusement Wagering 
9    Prohibition Act, offers [Offers] of prizes, award, or
10    compensation to the actual contestants in any bona fide
11    contest for the determination of skill, speed, strength,
12    or endurance or to the owners of animals or vehicles
13    entered in such contest.
14        (3) Pari-mutuel betting as authorized by the law of
15    this State.
16        (4) Manufacture of gambling devices, including the
17    acquisition of essential parts therefor and the assembly
18    thereof, for transportation in interstate or foreign
19    commerce to any place outside this State when such
20    transportation is not prohibited by any applicable Federal
21    law; or the manufacture, distribution, or possession of
22    video gaming terminals, as defined in the Video Gaming
23    Act, by manufacturers, distributors, and terminal
24    operators licensed to do so under the Video Gaming Act.
25        (5) The game commonly known as "bingo", when conducted
26    in accordance with the Bingo License and Tax Act.
		HB2724 Engrossed	- 9 -	LRB104 12064 LNS 22159 b
1        (6) Lotteries when conducted by the State of Illinois
2    in accordance with the Illinois Lottery Law. This
3    exemption includes any activity conducted by the
4    Department of Revenue to sell lottery tickets pursuant to
5    the provisions of the Illinois Lottery Law and its rules.
6        (6.1) The purchase of lottery tickets through the
7    Internet for a lottery conducted by the State of Illinois
8    under the program established in Section 7.12 of the
9    Illinois Lottery Law.
10        (7) Possession of an antique slot machine that is
11    neither used nor intended to be used in the operation or
12    promotion of any unlawful gambling activity or enterprise.
13    For the purpose of this subparagraph (b)(7), an antique
14    slot machine is one manufactured 25 years ago or earlier.
15        (8) Raffles and poker runs when conducted in
16    accordance with the Raffles and Poker Runs Act.
17        (8.1) The purchase of raffle chances for a raffle
18    conducted in accordance with the Raffles and Poker Runs
19    Act.
20        (9) Charitable games when conducted in accordance with
21    the Charitable Games Act.
22        (10) Pull tabs and jar games when conducted under the
23    Illinois Pull Tabs and Jar Games Act.
24        (11) Gambling games when authorized by the Illinois
25    Gambling Act.
26        (12) Video gaming terminal games at a licensed
		HB2724 Engrossed	- 10 -	LRB104 12064 LNS 22159 b
1    establishment, licensed truck stop establishment, licensed
2    large truck stop establishment, licensed fraternal
3    establishment, or licensed veterans establishment when
4    conducted in accordance with the Video Gaming Act.
5        (13) Games of skill or chance where money or other
6    things of value can be won but no payment or purchase is
7    required to participate.
8        (14) Savings promotion raffles authorized under
9    Section 5g of the Illinois Banking Act, Section 7008 of
10    the Savings Bank Act, Section 42.7 of the Illinois Credit
11    Union Act, Section 5136B of the National Bank Act (12
12    U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12
13    U.S.C. 1463).
14        (15) Sports wagering when conducted in accordance with
15    the Sports Wagering Act.
16    (c) Sentence.
17    Gambling is a Class A misdemeanor. A second or subsequent
18conviction under subsections (a)(3) through (a)(12), is a
19Class 4 felony.
20    (d) Circumstantial evidence.
21    In prosecutions under this Section circumstantial evidence
22shall have the same validity and weight as in any criminal
23prosecution.
24(Source: P.A. 101-31, Article 25, Section 25-915, eff.
256-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
26101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)
		HB2724 Engrossed	- 11 -	LRB104 12064 LNS 22159 b
1    (720 ILCS 5/28-1.1)  (from Ch. 38, par. 28-1.1)
2    Sec. 28-1.1. Syndicated gambling.
3    (a) Declaration of Purpose. Recognizing the close
4relationship between professional gambling and other organized
5crime, it is declared to be the policy of the legislature to
6restrain persons from engaging in the business of gambling for
7profit in this State. This Section shall be liberally
8construed and administered with a view to carrying out this
9policy.
10    (b) A person commits syndicated gambling when he or she
11operates a "policy game" or engages in the business of
12bookmaking.
13    (c) A person "operates a policy game" when he or she
14knowingly uses any premises or property for the purpose of
15receiving or knowingly does receive from what is commonly
16called "policy":
17        (1) money from a person other than the bettor or
18    player whose bets or plays are represented by the money;
19    or
20        (2) written "policy game" records, made or used over
21    any period of time, from a person other than the bettor or
22    player whose bets or plays are represented by the written
23    record.
24    (d) A person engages in bookmaking when he or she
25knowingly receives or accepts more than 5 [five] bets or wagers
		HB2724 Engrossed	- 12 -	LRB104 12064 LNS 22159 b
1upon the result of any trials or contests of skill, speed, or
2power of endurance or upon any lot, chance, casualty, unknown,
3or contingent event whatsoever, which bets or wagers shall be
4of such size that the total of the amounts of money paid or
5promised to be paid to the bookmaker on account thereof shall
6exceed $2,000. Bookmaking is the receiving or accepting of
7bets or wagers regardless of the form or manner in which the
8bookmaker records them.
9    (e) Participants in any of the following activities shall
10not be convicted of syndicated gambling:
11        (1) Agreements to compensate for loss caused by the
12    happening of chance, including, without limitation,
13    contracts of indemnity or guaranty and life or health or
14    accident insurance;
15        (2) Offers of prizes, award, or compensation to the
16    actual contestants in any bona fide contest for the
17    determination of skill, speed, strength, or endurance or
18    to the owners of animals or vehicles entered in the
19    contest, except as prohibited under the Family Amusement 
20    Wagering Prohibition Act;
21        (3) Pari-mutuel betting as authorized by law of this
22    State;
23        (4) Manufacture of gambling devices, including the
24    acquisition of essential parts therefor and the assembly
25    thereof, for transportation in interstate or foreign
26    commerce to any place outside this State when the
		HB2724 Engrossed	- 13 -	LRB104 12064 LNS 22159 b
1    transportation is not prohibited by any applicable Federal
2    law;
3        (5) Raffles and poker runs when conducted in
4    accordance with the Raffles and Poker Runs Act;
5        (6) Gambling games conducted on riverboats, in
6    casinos, or at organization gaming facilities when
7    authorized by the Illinois Gambling Act;
8        (7) Video gaming terminal games at a licensed
9    establishment, licensed truck stop establishment, licensed
10    large truck stop establishment, licensed fraternal
11    establishment, or licensed veterans establishment when
12    conducted in accordance with the Video Gaming Act; and
13        (8) Savings promotion raffles authorized under Section
14    5g of the Illinois Banking Act, Section 7008 of the
15    Savings Bank Act, Section 42.7 of the Illinois Credit
16    Union Act, Section 5136B of the National Bank Act (12
17    U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12
18    U.S.C. 1463).
19    (f) Sentence. Syndicated gambling is a Class 3 felony.
20(Source: P.A. 101-31, eff. 6-28-19.)
21    Section 99. Effective date. This Act takes effect upon
22becoming law.