House Bill 0793 has been introduced in the Illinois legislature. Similar in intent to a recently introduced Senate bill, this bill extends to the internet anti-gaming laws on the books in that state.
In an interesting twist, it specifically states that "contracts, debts, or obligations incurred by Internet gambling" are considered "null and void." While that may be seen to have a bit of a chilling effect, in essence, it's not much of a change since gambling debts currently aren't enforceable anyway.
Interactive Gaming News has gained a copy of the proposed bill and offers it in its entirety.
HOUSE BILL 0793
91st GENERAL ASSEMBLY
State of Illinois,
1999 and 2000
Introduced February 10, 1999
by Representatives O'Connor - Bost - Myers - Winters
- Bill Mitchell
SYNOPSIS AS INTRODUCED
720 ILCS 5/28-1 from Ch. 38, par. 28-1
720 ILCS 5/28-1.1 from Ch. 38, par. 28-1.1
720 ILCS 5/28-2 from Ch. 38, par. 28-2
720 ILCS 5/28-3 from Ch. 38, par. 28-3
720 ILCS 5/28-5 from Ch. 38, par. 28-5
720 ILCS 5/28-7 from Ch. 38, par. 28-7
Amends the Criminal Code of 1961. Prohibits Internet gambling. Establishes penalties. Provides that premises or a building knowingly used to conduct Internet gambling is a gambling place subject to forfeiture. Provides that Internet gambling contracts are void.
LRB9105283RCks
Correctional Budget and Impact Note Act may be applicable
AN ACT to amend the Criminal Code of 1961 by changing ),R 1, 28-1.1, 28-2, 28-3, 28-5, and 28-7.
Be it enacted by the People of the State of Illinois, represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing sections 28 1, 28-1.1, 28-2, 28-3, 28-5, and 28-7 as follows:
(720 ILCS5/28-1) (from ch.38, par. 28-1)
Sec. 28-1. Gambling.
(a)A person commits gambling when he:
(1) Plays a game of chance or skill for money or other thing of value,
unless excepted in subsection (b) of this Section; or
(2) Makes a wager upon the result of any game, contest, or any political
nomination, appointment or election; or
(3) operates, keeps, owns, uses, purchases, exhibits, rents, sells,
bargains for the sale or lease of, manufactures or distributes any gambling
device; or
(4) Contracts to have or give himself or another the option to buy or sell,
or contracts to buy or sell, at a future time, any grain or other commodity
whatsoever, or any stock or security of any company, where it is at the
time of making such contract intended by both parties there to that the
contract to buy or sell, or the option, when ever exercised, or the
contract resulting therefrom, shall be settled, not by the receipt or
delivery of such property, but by the payment only of differences in prices
thereof; however, the issuance, purchase, sale, exercise, endorsement or
guarantee, by or through a person registered with the Secretary of State
pursuant to Section 8 of the Illinois Securities Law of 1953, or by or
through a person exempt from such registration under said Section 8, of a
put, call, or other option to buy or sell securities which have been
registered with the Secretary of State or which are exempt from such
registration under Section 3 of the Illinois Securities Law of 1953 is not
gambling within the meaning of this paragraph (4); or
(5) Knowingly owns or possesses any book, instrument or apparatus by means
of which bets or wagers have been, or are, recorded or registered, or
knowingly possesses any money which he has received in the course of a bet
or wager; or
(6) Sells pools upon the result of any game or contest of skill or chance,
political nomination, appointment or election; or
(7) Sets up or promotes any lottery or sells, offers to sell or transfers
any ticket or share for any lottery; or
(8) Sets up or promotes any policy game or sells, offers to sell or
knowingly possesses or transfers any policy ticket, slip, record, document
or other similar device; or
(9)Knowingly drafts, prints or publishes any lottery ticket or share, or
any policy ticket, slip, record, document or similar device, except for
such activity related to lotteries, bingo games and raffles authorized by
and conducted in accordance with the laws of Illinois or any other state or
foreign government; or
(10) Knowingly advertises any lottery or policy game, except for such
activity related to lotteries, bingo games and raffles authorized by and
conducted in accordance with the laws of Illinois or any other state; or
(11) Knowingly transmits information as to wagers, betting odds, or changes
in betting odds by telephone, telegraph, radio, semaphore or similar means;
or knowingly installs or maintains equipment for the transmission or
receipt of such information; except that nothing in this subdivision (11)
prohibits transmission or receipt of such information for use in news
reporting of sporting events or contests; or
(12) Knowingly accesses the Internet to engage in an act prohibited by
any of subdivisions (1) through (11) of this subsection (a).
(b) Participants in any of the following activities shall not be convicted of gambling therefore:
(1) Agreements to compensate for loss caused by the happening of chance
including without limitation contracts of indemnity or guaranty and life or
health or accident insurance;
(2) Offers of prizes, award or compensation to the actual contestants in
any bona fide contest for the determination of skill, speed, strength or
endurance or to the owners of animals or vehicles entered in such contest;
(3) Pari-mutuel betting as authorized by the law of this State;
(4) Manufacture of gambling devices, including the acquisition of essential
parts therefor and the assembly thereof, for transportation in interstate
or foreign commerce to any place outside this State when such
transportation is not prohibited by any applicable Federal law;
(5) The game commonly known as "bingo", when conducted in accordance with
the Bingo License and Tax Act;
(6) Lotteries when conducted by the State of Illinois in accordance with
the Illinois Lottery Law;
(7) Possession of an antique slot machine that is neither used nor intended
to be used in the operation or promotion of any unlawful gambling activity
or enterprise. For the purpose of this subparagraph (b)(7), an antique
slot machine is one manufactured 25 years ago or earlier;
(8) Raffles when conducted in accordance with the Raffles Act;
(9) Charitable games when conducted in accordance with the Charitable Games
Act;
(10) Pull tabs and jar games when conducted under the Illinois Pull Tabs
and Jar Games Act; or
(11) Gambling games conducted on riverboats when authorized by the
Riverboat Gambling Act.
(c) Sentence.
Gambling under subsection (a)(1) or (a)(2) of this Section is a Class A misdemeanor. Gambling under any of subsections (a)(3) through (a)(11) of this Section is a Class A misdemeanor. A second or subsequent conviction under any of subsections (a)(3) through (a)(11), is a Class 4 felony. Gambling under subsection (a)(12) of this Section is a Class A misdemeanor if the access of the Internet is to engage in an act Prohibited by subsection (a)(1) or (a)(2) of this Section. Gambling under subsection (a)(12) is a Class A misdemeanor for a first offense if the access of the Internet is to engage in an act Prohibited by any of subsections (a)(3) through (a)(11) of this Section. A second or subsequent conviction under subsection (a)(12) of this Section is a Class 4 felony if the access of the Internet is to engage in an act Prohibited by any of subsections (a)(3) through (a)(11) of this Section.
(d) Circumstantial evidence. In prosecutions under subsection (a)(1) through (a)(12), of this Section circumstantial evidence shall have the same validity arid weight as in any criminal prosecutor. (source: P.A. 86-1029; 87-435.)
(720 ILCS 5/28-1.1) (from Ch. 38, par. 28-1.1)
Sec. 28-1.1. Syndicated gambling.
(a) Declaration of Purpose. Recognizing the close relationship between professional gambling and other organized crime, it is declared to be the policy of the legislature to restrain persons from engaging in the business of gambling for profit in this State. This Section shall be liberally construed and administered with a view to carrying out this policy.
(b) A person commits syndicated gambling when he operates a "policy game" or engages in the business of bookmaking.
(c) A person "operates a policy game" when he knowingly uses any premises or property for the purpose of receiving or knowingly does receive from what is commonly called "policy":
(1) money from a person other than the better or player whose bets or plays
are represented by such money; or
(2) written or computer accessible "policy game" records, made or
used over any period of time, from a person other than the better or player
whose bets or plays are represented by such written or computer
accessible record.
(d) A person engages in bookmaking when he receives or accepts more than five bets or wagers upon the result of any trials or contests of skill, speed or power of endurance or upon any lot, chance, casualty, unknown or contingent event whatsoever, which bets or wagers shall be of such size that the total of the amounts of money paid or promised to be paid to such bookmaker on account thereof shall exceed $2,000. Bookmaking is the receiving or accepting of such bets or wagers regardless of the form or manner in which the bookmaker records them.
(d-5) A person commits syndicated gambling when he or she accesses the Internet to operate a "policy game" or to engage in the business of bookmaking.
(e) Participants in any of the following activities shall not be convicted of syndicated gambling:
(1) Agreements to compensate for loss caused by the happening of chance
including without limitation contracts of indemnity or guaranty and life or
health or accident insurance; and
(2) offers of prizes, award or compensation to the actual contestants in
any bona fide contest for the determination of skill, speed, strength or
endurance or to the owners of animals or vehicles entered in such contest;
and
(3) Pari-mutuel betting as authorized by law of this State; and
(4) Manufacture of gambling devices, including the acquisition of essential
parts therefor and the assembly thereof, for transportation in interstate
or foreign commerce to any place outside this State when such
transportation is not prohibited by any applicable Federal law; and
(5) Raffles when conducted in accordance with the Raffles Act; and
(6) Gambling games conducted on riverboats when authorized by the Riverboat
Gambling Act.
(f) Sentence. Syndicated gambling is a Class 3 felony. (Source: P.A. 86-1029; 87-435.)
(720 ILCS 5/28-2) (from Ch. 38, par. 28-2)
Sec. 28-2. Definitions.
(a) A "gambling device" is any clock, tape machine, slot machine or other machines or device for the reception of money or other thing of value on chance or skill or upon the action of which money or other thing of value is staked, hazarded, bet, won or lost; or any mechanism, furniture, fixtures, equipment or other device designed primarily for use in a gambling place. A "gambling device" does not include:
(1) A coin-in-the-slot operated mechanical device played for amusement
which rewards the player with the right to replay such mechanical device,
which device is so constructed or devised as to make such result of the
operation thereof depend in part upon the skill of the player and which
returns to the player thereof no money, property or right to receive money
or property.
(2) Vending machines by which full and adequate return is made for the
money invested and in which there is no element of chance or hazard.
(3) A crane game. For the purposes of this paragraph (3), a "crane game"
is an amusement device involving skill, if it rewards the player
exclusively with merchandise contained within the amusement device proper
and limited to toys, novelties and prizes other than currency, each having
a wholesale value which is not more than 7 times the cost charged to play
the amusement device once or $5, whichever is less.
(4) A redemption machine. For the purposes of this paragraph (4), a
"redemption machine" is a single-player or multi-player amusement device
involving a game, the object of which is throwing, rolling, bowling,
shooting, placing, or propelling a ball or other object into, upon, or
against a hole or other target, provided that all of the following
conditions are met:
(A) The outcome of the game is predominantly determined by the
skill of the player.
(B) The award of the prize is based solely upon the player's
achieving the object of the game or otherwise upon the player's
score.
(C) Only merchandise prizes are awarded.
(D) The average wholesale value of prizes awarded in lieu of
tickets or tokens for single play of the device does not exceed
the lesser of $5 or 7 times the cost charged for a single play
of the device.
(E) The redemption value of tickets, tokens, and other
representations of value, which may be accumulated by players
to redeem prizes of greater value, does not exceed the amount
charged for a single play of the device.
(a-5) "Internet" means an interactive computer service or system or an information service, system, or access software provider provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software Provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.
(a-6) "Access" and "computer" have the meanings ascribed to them in Section 16D-2 of this Code.
(b) A "lottery" is any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prizes, whether such scheme or procedure is called a lottery, raffle, gift, sale or some other name.
(c) A "policy game" is any scheme or procedure whereby a person promises or guarantees by any instrument, bill, certificate, writing, token or other device that any particular number, character, ticket or certificate shall in the event of any contingency in the nature of a lottery entitle the purchaser or holder to receive money, property or evidence of debt. (Source: P.A. 87-855.)
('720 ILCS 5/28-3) (from Ch. 38, par. 28-3)
Sec. 28-3. Keeping a Gambling Place. A "gambling place" is any real estate, vehicle, boat or any other property whatsoever used for the purposes of gambling other than gambling conducted in the manner authorized by the Riverboat Gambling Act. A "gambling place" includes premises or a building knowingly used by the owner to conduct gambling games prohibited by section 28-1 by use of the Internet or to conduct syndicated gambling under Section 28-1.1 by use of the Internet. Any person who knowingly permits any premises or property owned or occupied by him or under his control to be used as a gambling place commits a Class A misdemeanor. Each subsequent offense is a Class 4 felony. When any premises is determined by the circuit court to be a gambling place:
(a) Such premises is a public nuisance and may be proceeded against as such, and
(b) All licenses, permits or certificates issued by the State of Illinois or any subdivision or public agency thereof authorizing the serving of food or liquor on such premises shall be void; and no license, permit or certificate so canceled shall be reissued for such premises for a period of 60 days thereafter; nor shall any person convicted of keeping a gambling place be reissued such license for one year from his conviction and, after a second conviction of keeping a gambling place, any such person shall not be reissued such license, and
(c) Such premises of any person who knowingly permits thereon a violation of any Section of this Article shall be held liable for, and may be sold to pay any unsatisfied judgment that may be recovered and any unsatisfied fine that may be levied under any Section of this Article.
(Source: P.A. 86-1029.)
(720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
Sec. 28-5. Seizure of gambling devices and gambling funds.
(a) Every device designed for gambling which is incapable of lawful use or every device used unlawfully for gambling including a computer or computer server used in an Internet gambling operation but does not include a computer used by a person to place a bet or wager if the person does not use the computer for the conduct of a gambling operation, shall be considered a "gambling device", and shall be subject to seizure, confiscation and destruction by the Department of State Police or by any municipal, or other local authority, within whose jurisdiction the same may be found. As used in this Section, a "gambling device" includes any slot machine, and includes any machine or device constructed for the reception of money or other thing of value and so constructed as to return, or to cause someone to return, on chance to the player thereof money, property or a right to receive money or property. With the exception of any device designed for gambling which is incapable of lawful use, no gambling device shall be forfeited or destroyed unless an individual with a property interest in said device knows of the unlawful use of the device.
(b) Every gambling device shall be seized and forfeited to the county wherein such seizure occurs. Any money or other thing of value integrally related to acts of gambling shall be seized and forfeited to the county wherein such seizure occurs.
(c) if, within 60 days after any seizure pursuant to subparagraph (b) of this Section, a person having any property interest in the seized property is charged with an offense, court which renders judgment upon such charge shall, within 30 days after such judgment, conduct a forfeiture hearing to determine whether such property was a gambling device at the time of seizure. Such hearing shall he commenced by a written petition by the State, including material allegations of fact, the name and address of every person determined by the State to have any property interest in the seized property, a representation that written notice of the date, time and place of such hearing has been mailed to every such person by certified mail at least 10 days before such date, and a request for forfeiture. Every such person may appear as a party and present evidence at such hearing. The quantum of proof required shall be a preponderance of the evidence, and the burden of proof shall be on the State. If the court determines that the seized property was a gambling device at the time of seizure, an order of forfeiture and disposition of the seized property shall be entered: a gambling device shall be received by the State's Attorney, who shall effect its destruction, except that valuable parts thereof may be liquidated and the resultant money shall be deposited in the general fund of the county wherein such seizure occurred; money and other things of value shall be received by the State's Attorney and, upon liquidation, shall be deposited in the general fund of the county wherein such seizure occurred. However, in the event that a defendant raises the defense that the seized slot machine is an antique slot machine described in subparagraph (b) (7) of Section 28-1 of this Code and therefore he is exempt from the charge of a gambling activity participant, the seized antique slot machine shall not be destroyed or otherwise altered until a final determination is made by the Court as to whether it is such an antique slot machine. Upon a final determination by the Court of this question in favor of the defendant, such slot machine shall be immediately returned to the defendant. Such order of forfeiture and disposition shall, for the purposes of appeal, be a final order and judgment in a civil proceeding.
(d) if a seizure pursuant to subparagraph (b) of this Section is not followed by a charge pursuant to subparagraph (c) of this Section, or if the prosecution of such charge is permanently terminated or indefinitely discontinued without any judgment of conviction or acquittal (1) the State's Attorney shall commence an in rem proceeding for the Forfeiture and destruction of a gambling device, or for the Forfeiture and deposit in the general fund of the county of any seized money or other things of value, or both, in the circuit court and (2) any person having any property interest in such seized gambling device, money or other thing of value may commence separate civil proceedings in the manner provided by law.
(e) Any gambling device displayed for sale to a riverboat gambling operation or used to train occupational licensees of a riverboat gambling operation as authorized under the Riverboat Gambling Act is exempt from seizure under this Section.
(f) Any gambling equipment, devices and supplies provided by a licensed supplier in accordance with the Riverboat Gambling Act which are removed from the riverboat for repair are exempt from seizure under this Section. (Source: P.A. 87-826.)
(720 TLCS 5/28-7) (from Ch. 38, par. 28-7)
Sec. 28-7. Gambling contracts void.
(a) All promises, notes, bills, bonds, covenants, contracts, agreements, judgments, mortgages, or other securities or conveyances made, given, granted, drawn, or entered into, or executed by any person whatsoever, where the where the whole or any part of the consideration thereof is for any money or thing of value, won or obtained in violation of any Section of this Article are null and void, including contracts, debts, or obligations incurred by Internet
(b) Any obligation void under this Section may be set aside and vacated by any court of competent jurisdiction, upon a complaint filed for that purpose, by the person so granting, giving, entering into, or executing the same, or by his executors or administrators, or by any creditor, heir, legatee, purchaser or other person interested therein; or if a judgment, the same may be set aside on motion of any person stated above, on due notice thereof given.
(c) No assignment of any obligation void under this Section may in any manner affect the defense of the person giving, granting, drawing, entering into or executing such obligation, or the remedies of any person interested therein.
(d) This Section shall not prevent a licensed owner of a riverboat gambling operation from instituting a cause of action to collect any amount due and owing under an extension of credit to a riverboat gambling patron as authorized under the Riverboat Gambling Act. (Source: P.A. 87-826.)