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Illinois General Assembly - Full Text of HB3733

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3733

Introduced 2/18/2025, by Rep. Robert "Bob" Rita

SYNOPSIS AS INTRODUCED:

230 ILCS 40/35
720 ILCS 5/28-1

from Ch. 38, par. 28-1
720 ILCS 5/28-2

from Ch. 38, par. 28-2

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 offers a person entry into any contest,
competition, sweepstakes, scheme, plan, or other selection process that
involves or is dependent upon an element of chance for which the person may
receive a gift, award, or other item or service of value if that offer is
incidental to or results from: (A) the purchase of an item or service of
value; or (B) the purchase or gratuitous receipt of a coupon, voucher,
certificate, or other similar credit that can be redeemed for or applied
towards an item or service of value from such machine or device or
elsewhere. 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 these changes to the definition. Provides
that a gambling offense involving such a gambling device is a Class 4
felony. Amends the Video Gaming Act. Removes a provision allowing for the
use of a game device without a license if the game device is used in an
activity that is not gambling under the Criminal Code of 2012. Effective
immediately.
LRB104 10672 RLC 20751 b

A BILL FOR

HB3733
LRB104 10672 RLC 20751 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 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,

HB3733
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LRB104 10672 RLC 20751 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.

23

A violation of this Section is a Class 4 felony. All
24
devices that are owned, operated, or possessed in violation of
25
this Section are hereby declared to be public nuisances and
26
shall be subject to seizure, confiscation, and destruction as

HB3733
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LRB104 10672 RLC 20751 b
1
provided in Section 28-5 of the Criminal Code of 2012.
2

The provisions of this Section do not apply to devices or
3
electronic video game terminals licensed pursuant to this Act.
4
A video gaming terminal operated for amusement only and
5
bearing a valid amusement tax sticker shall not be subject to
6
this Section until 30 days after the Board establishes that
7
the central communications system is functional.
8

(b) (1) The odds of winning each video game shall be posted
9
on or near each video gaming terminal. The manner in which the
10
odds are calculated and how they are posted shall be
11
determined by the Board by rule.
12

(2) No video gaming terminal licensed under this Act may
13
be played except during the legal hours of operation allowed
14
for the consumption of alcoholic beverages at the licensed
15
establishment, licensed fraternal establishment, or licensed
16
veterans establishment. A licensed establishment, licensed
17
fraternal establishment, or licensed veterans establishment
18
that violates this subsection is subject to termination of its
19
license by the Board.
20
(Source: P.A. 101-31, eff. 6-28-19.)

21

Section 10.
The Criminal Code of 2012 is amended by
22
changing Sections 28-1 and 28-2 as follows:

23

(720 ILCS 5/28-1)

(from Ch. 38, par. 28-1)
24

Sec. 28-1.
Gambling.

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LRB104 10672 RLC 20751 b
1

(a) A person commits gambling when he or she:
2

(1) knowingly plays a game of chance or skill for
3

money or other thing of value, unless excepted in
4

subsection (b) of this Section;
5

(2) knowingly makes a wager upon the result of any
6

game, contest, or any political nomination, appointment or
7

election;
8

(3) knowingly operates, keeps, owns, uses, purchases,
9

exhibits, rents, sells, bargains for the sale or lease of,
10

manufactures or distributes any gambling device;
11

(4) contracts to have or give himself or herself or
12

another the option to buy or sell, or contracts to buy or
13

sell, at a future time, any grain or other commodity
14

whatsoever, or any stock or security of any company, where
15

it is at the time of making such contract intended by both
16

parties thereto that the contract to buy or sell, or the
17

option, whenever exercised, or the contract resulting
18

therefrom, shall be settled, not by the receipt or
19

delivery of such property, but by the payment only of
20

differences in prices thereof; however, the issuance,
21

purchase, sale, exercise, endorsement or guarantee, by or
22

through a person registered with the Secretary of State
23

pursuant to Section 8 of the Illinois Securities Law of
24

1953, or by or through a person exempt from such
25

registration under said Section 8, of a put, call, or
26

other option to buy or sell securities which have been

HB3733
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LRB104 10672 RLC 20751 b
1

registered with the Secretary of State or which are exempt
2

from such registration under Section 3 of the Illinois
3

Securities Law of 1953 is not gambling within the meaning
4

of this paragraph (4);
5

(5) knowingly owns or possesses any book, instrument
,

6

or apparatus by means of which bets or wagers have been, or
7

are, recorded or registered, or knowingly possesses any
8

money which he
or she
has received in the course of a bet
9

or wager;
10

(6) knowingly sells pools upon the result of any game
11

or contest of skill or chance, political nomination,
12

appointment
,
or election;
13

(7) knowingly sets up or promotes any lottery or
14

sells, offers to sell
,
or transfers any ticket or share
15

for any lottery;
16

(8) knowingly sets up or promotes any policy game or
17

sells, offers to sell
,
or knowingly possesses or transfers
18

any policy ticket, slip, record, document
,
or other
19

similar device;
20

(9) knowingly drafts, prints
,
or publishes any lottery
21

ticket or share, or any policy ticket, slip, record,
22

document
,
or similar device, except for such activity
23

related to lotteries, bingo games
,
and raffles authorized
24

by and conducted in accordance with the laws of Illinois
25

or any other state or foreign government;
26

(10) knowingly advertises any lottery or policy game,

HB3733
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LRB104 10672 RLC 20751 b
1

except for such activity related to lotteries, bingo
2

games
,
and raffles authorized by and conducted in
3

accordance with the laws of Illinois or any other state;
4

(11) knowingly transmits information as to wagers,
5

betting odds, or changes in betting odds by telephone,
6

telegraph, radio, semaphore
,
or similar means; or
7

knowingly installs or maintains equipment for the
8

transmission or receipt of such information; except that
9

nothing in this subdivision (11) prohibits transmission or
10

receipt of such information for use in news reporting of
11

sporting events or contests; or
12

(12) knowingly establishes, maintains, or operates an
13

Internet site that permits a person to play a game of
14

chance or skill for money or other thing of value by means
15

of the Internet or to make a wager upon the result of any
16

game, contest, political nomination, appointment, or
17

election by means of the Internet. This item (12) does not
18

apply to activities referenced in items (6), (6.1), (8),
19

(8.1), and (15) of subsection (b) of this Section.
20

(b) Participants in any of the following activities shall
21
not be convicted of gambling:
22

(1) Agreements to compensate for loss caused by the
23

happening of chance
,
including
,
without limitation
,

24

contracts of indemnity or guaranty and life or health or
25

accident insurance.
26

(2) Offers of prizes, award
,
or compensation to the

HB3733
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LRB104 10672 RLC 20751 b
1

actual contestants in any bona fide contest for the
2

determination of skill, speed, strength
,
or endurance or
3

to the owners of animals or vehicles entered in such
4

contest.
5

(3) Pari-mutuel betting as authorized by the law of
6

this State.
7

(4) Manufacture of gambling devices, including the
8

acquisition of essential parts therefor and the assembly
9

thereof, for transportation in interstate or foreign
10

commerce to any place outside this State when such
11

transportation is not prohibited by any applicable Federal
12

law; or the manufacture, distribution, or possession of
13

video gaming terminals, as defined in the Video Gaming
14

Act, by manufacturers, distributors, and terminal
15

operators licensed to do so under the Video Gaming Act.
16

(5) The game commonly known as "bingo", when conducted
17

in accordance with the Bingo License and Tax Act.
18

(6) Lotteries when conducted by the State of Illinois
19

in accordance with the Illinois Lottery Law. This
20

exemption includes any activity conducted by the
21

Department of Revenue to sell lottery tickets pursuant to
22

the provisions of the Illinois Lottery Law and its rules.
23

(6.1) The purchase of lottery tickets through the
24

Internet for a lottery conducted by the State of Illinois
25

under the program established in Section 7.12 of the
26

Illinois Lottery Law.

HB3733
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LRB104 10672 RLC 20751 b
1

(7) Possession of an antique slot machine that is
2

neither used nor intended to be used in the operation or
3

promotion of any unlawful gambling activity or enterprise.
4

For the purpose of this subparagraph (b)(7), an antique
5

slot machine is one manufactured 25 years ago or earlier.
6

(8) Raffles and poker runs when conducted in
7

accordance with the Raffles and Poker Runs Act.
8

(8.1) The purchase of raffle chances for a raffle
9

conducted in accordance with the Raffles and Poker Runs
10

Act.
11

(9) Charitable games when conducted in accordance with
12

the Charitable Games Act.
13

(10) Pull tabs and jar games when conducted under the
14

Illinois Pull Tabs and Jar Games Act.
15

(11) Gambling games when authorized by the Illinois
16

Gambling Act.
17

(12) Video gaming terminal games at a licensed
18

establishment, licensed truck stop establishment, licensed
19

large truck stop establishment, licensed fraternal
20

establishment, or licensed veterans establishment when
21

conducted in accordance with the Video Gaming Act.
22

(13) Games of skill or chance where money or other
23

things of value can be won but no payment or purchase is
24

required to participate
, except where participation in
25

such game of skill or chance is accomplished using a
26

gambling device prohibited by Section 28-2(a)(iii)
.

HB3733
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LRB104 10672 RLC 20751 b
1

(14) Savings promotion raffles authorized under
2

Section 5g of the Illinois Banking Act, Section 7008 of
3

the Savings Bank Act, Section 42.7 of the Illinois Credit
4

Union Act, Section 5136B of the National Bank Act (12
5

U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12
6

U.S.C. 1463).
7

(15) Sports wagering when conducted in accordance with
8

the Sports Wagering Act.
9

(c) Sentence.
10

(1)
Gambling is a Class A misdemeanor. A second or
11

subsequent conviction under subsections (a)(3) through
12

(a)(12), is a Class 4 felony.
13

(2) Notwithstanding subsection (c)(1), or anything
14

else contained in this Section to the contrary, a gambling
15

offense involving a device described in Section
16

28-2(a)(iii) is a Class 4 felony.

17

(d) Circumstantial evidence.
18

In prosecutions under this Section circumstantial evidence
19
shall have the same validity and weight as in any criminal
20
prosecution.
21
(Source: P.A. 101-31, Article 25, Section 25-915, eff.
22
6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;
23
101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)

24

(720 ILCS 5/28-2)

(from Ch. 38, par. 28-2)
25

Sec. 28-2.
Definitions.

HB3733
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LRB104 10672 RLC 20751 b
1

(a) A "gambling device" is
: (i)
any clock, tape machine,
2
slot machine
,
or other machines or device for the reception of
3
money or other thing of value on chance or skill or upon the
4
action of which money or other thing of value is staked,
5
hazarded, bet, won, or lost;
(ii)

or
any mechanism, furniture,
6
fixture, equipment, or other device designed primarily for use
7
in a gambling place
; or (iii) any vending or other electronic
8
machine or device, including, without limitation, a machine or
9
device that awards credits and contains a circuit, meter, or
10
switch capable of removing and recording the removal of
11
credits that offers a person entry into any contest,
12
competition, sweepstakes, scheme, plan, or other selection
13
process that involves or is dependent upon an element of
14
chance for which the person may receive a gift, award, or other
15
item or service of value if that offer is incidental to or
16
results from: (A) the purchase of an item or service of value;
17
or (B) the purchase or gratuitous receipt of a coupon,
18
voucher, certificate, or other similar credit that can be
19
redeemed for or applied towards an item or service of value
20
from such machine or device or elsewhere
. A "gambling device"
21
does not include:
22

(1) A coin-in-the-slot operated mechanical device
23

played for amusement which rewards the player with the
24

right to replay such mechanical device, which device is so
25

constructed or devised as to make such result of the
26

operation thereof depend in part upon the skill of the

HB3733
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LRB104 10672 RLC 20751 b
1

player and which returns to the player thereof no money,
2

property, or right to receive money or property.
3

(2)
Except as otherwise provided in this subsection
4

(a), a vending machine

Vending machines
by which full and
5

adequate return is made for the money invested and in
6

which there is no element of chance or hazard.
7

(3) A crane game. For the purposes of this paragraph
8

(3), a "crane game" is an amusement device involving
9

skill, if it rewards the player exclusively with
10

merchandise contained within the amusement device proper
11

and limited to toys, novelties, and prizes other than
12

currency, each having a wholesale value which is not more
13

than $25.
14

(4) A redemption machine. For the purposes of this
15

paragraph (4), a "redemption machine" is a single-player
16

or multi-player amusement device involving a game, the
17

object of which is throwing, rolling, bowling, shooting,
18

placing, or propelling a ball or other object that is
19

either physical or computer generated on a display or with
20

lights into, upon, or against a hole or other target that
21

is either physical or computer generated on a display or
22

with lights, or stopping, by physical, mechanical, or
23

electronic means, a moving object that is either physical
24

or computer generated on a display or with lights into,
25

upon, or against a hole or other target that is either
26

physical or computer generated on a display or with

HB3733
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LRB104 10672 RLC 20751 b
1

lights, provided that all of the following conditions are
2

met:
3

(A) The outcome of the game is predominantly
4

determined by the skill of the player.
5

(B) The award of the prize is based solely upon the
6

player's achieving the object of the game or otherwise
7

upon the player's score.
8

(C) Only merchandise prizes are awarded.
9

(D) The wholesale value of prizes awarded in lieu
10

of tickets or tokens for single play of the device does
11

not exceed $25.
12

(E) The redemption value of tickets, tokens, and
13

other representations of value, which may be
14

accumulated by players to redeem prizes of greater
15

value, for a single play of the device does not exceed
16

$25.
17

(5) Video gaming terminals at a licensed
18

establishment, licensed truck stop establishment, licensed
19

large truck stop establishment, licensed fraternal
20

establishment, or licensed veterans establishment licensed
21

in accordance with the Video Gaming Act.
22

(a-5) "Internet" means an interactive computer service or
23
system or an information service, system, or access software
24
provider that provides or enables computer access by multiple
25
users to a computer server, and includes, but is not limited
26
to, an information service, system, or access software

HB3733
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LRB104 10672 RLC 20751 b
1
provider that provides access to a network system commonly
2
known as the Internet, or any comparable system or service and
3
also includes, but is not limited to, a World Wide Web page,
4
newsgroup, message board, mailing list, or chat area on any
5
interactive computer service or system or other online
6
service.
7

(a-6) "Access" has the meaning ascribed to the term in
8
Section 17-55.
9

(a-7) "Computer" has the meaning ascribed to the term in
10
Section 17-0.5.
11

(b) A "lottery" is any scheme or procedure whereby one or
12
more prizes are distributed by chance among persons who have
13
paid or promised consideration for a chance to win such
14
prizes, whether such scheme or procedure is called a lottery,
15
raffle, gift, sale, or some other name, excluding savings
16
promotion raffles authorized under Section 5g of the Illinois
17
Banking Act, Section 7008 of the Savings Bank Act, Section
18
42.7 of the Illinois Credit Union Act, Section 5136B of the
19
National Bank Act (12 U.S.C. 25a), or Section 4 of the Home
20
Owners' Loan Act (12 U.S.C. 1463).
21

(c) A "policy game" is any scheme or procedure whereby a
22
person promises or guarantees by any instrument, bill,
23
certificate, writing, token, or other device that any
24
particular number, character, ticket, or certificate shall in
25
the event of any contingency in the nature of a lottery entitle
26
the purchaser or holder to receive money, property, or

HB3733
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LRB104 10672 RLC 20751 b
1
evidence of debt.
2

(d) It is the intent of Section 28-2(a)(iii) to prohibit
3
any mechanism that seeks to avoid being considered a gambling
4
device through the use of any subterfuge or pretense
5
whatsoever.

6
(Source: P.A. 101-31, eff. 6-28-19; 101-87, eff. 1-1-20;
7
102-558, eff. 8-20-21.)

8

Section 99.
Effective date.
This Act takes effect upon
9
becoming law.

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