92_HB3089

LRB9201928LDpr

AN ACT in relation to gambling.

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 Section 28-7 and adding Sections 28-10 and 28-11 as follows:

(720 ILCS 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 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.

(b) Any obligation void under this Section may be set 17 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 that was made prior to the effective date of this amendatory Act of the 92nd General Assembly as authorized under the Riverboat Gambling Act.
(Source: P.A. 87-826.)

(720 ILCS 5/28-10 new)
Sec. 28-10. Internet gambling.

(a) No person shall make a wire transfer of money if the money so transferred is to be used as part of an internet-based gambling transaction. Any person who violates this subsection (a) commits a petty offense. A person convicted of a petty offense for a violation of this subsection (a) shall be punished by a fine of $1,000. Each wire transfer constitutes a separate violation.

(b) No financial institution shall make a wire transfer of money for any person if the financial institution knows that the money is to be used as a part of an internet-based gambling transaction. Any financial institution that violates this subsection (b) commits a petty offense. A financial institution convicted of a petty offense for a violation of this subsection (b) shall be punished by a fine of $1,000 for each violation. Each wire transfer constitutes a separate violation.

For the purpose of this Section, the term "financial institution" means any bank; saving and loan association; trust company; agency or branch of a foreign bank in the United States; currency exchange; credit union; mortgage banking institution; pawnbroker; loan or finance company; operator of a credit card system; issuer, redeemer, or cashier of travelers checks, checks, or money orders; dealer in precious metals, stones, or jewels; broker or dealer in securities or commodities; investment banker; or investment company.

(720 ILCS 5/28-11 new)
Sec. 28-11. Internet gambling transactions void. All credit card debts incurred as a result of an internet-based gambling transaction by any person are null and void. Any debt that is void under this Section may be set aside by a court of competent jurisdiction, upon a complaint filed for that purpose, by the person who incurred the debt or by his or her executors or administrators, or by any creditor, heir, legatee, purchaser, or any other person stated in this Section, on due notice thereof given. 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 that was made prior to the effective date of this amendatory Act of the 92nd General Assembly as authorized under the Riverboat Gambling Act.

Section 99. Effective date. This Act takes effect upon becoming law.