FAMILY AMUSEMENT WAGERING ACT

Illinois General Assembly - Full Text of HB5140

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5140

Introduced 2/10/2026, by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

New Act
720 ILCS 5/28-1

from Ch. 38, par. 28-1
720 ILCS 5/28-1.1

from Ch. 38, par. 28-1.1

Creates the Family Amusement Wagering Prohibition Act. Prohibits an
owner or operator of a family amusement establishment from facilitating
wagering on amusement devices. Prohibits a family amusement establishment
from engaging in advertising that promotes wagering on amusement devices.
Provides that nothing in the Act prohibits a family amusement
establishment from offering certain types of games. Defines terms. Amends
the Criminal Code of 2012. Makes changes in provisions concerning gaming
and syndicated gaming. Effective immediately.
LRB104 16386 LNS 29775 b

A BILL FOR

HB5140
LRB104 16386 LNS 29775 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 1.
Short title.
This Act may be cited as the
Family
5
Amusement Wagering Prohibition Act.

6

Section 5.
Definitions.
As used in this Act:
7

"Advertise" means to engage in promotional activities,
8
including, but not limited to, newspaper, radio, Internet and
9
electronic media, and television advertising, the distribution
10
of fliers and circulars, billboard advertising, and the
11
display of window and interior signs.
12

"Amusement device" means a game or machine which a person
13
activates by inserting or using currency or a coin, card,
14
coupon, slug, token, or similar device, and the person playing
15
or operating the game or machine impacts the outcome of the
16
game. "Amusement device" includes games of skill, games of
17
chance, and games of a combination of skill and chance.
18
"Amusement device" does not include a device certified by the
19
Illinois Gaming Board to be operated by an Illinois Gaming
20
Board licensee.
21

"Crane game" means an amusement device involving skill, if
22
it rewards the player exclusively with merchandise contained
23
within the amusement device proper and limited to toys,

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LRB104 16386 LNS 29775 b
1
novelties, and prizes other than currency, each having a
2
wholesale value which is not more than $25.
3

"Facilitate" means the aiding, abetting, assisting,
4
inciting, or inducing the wagering on the outcome of any game
5
or contest on any amusement devices by any person.
6

"Family amusement establishment" means a place of business
7
with amusement devices on the premises.
8

"Merchandise" means noncash prizes maintained on the
9
premises by the family amusement establishment, including toys
10
and novelties. "Merchandise" does not include any prize or
11
other item, if the exchange or conversion to cash or a cash
12
equivalent is facilitated or permitted by the family amusement
13
establishment.
14

"Redemption machine" means a single-player or multi-player
15
amusement device involving a game, the object of which is
16
throwing, rolling, bowling, shooting, placing, or propelling a
17
ball or other object that is either physical or computer
18
generated on a display or with lights into, upon, or against a
19
hole or other target that is either physical or computer
20
generated on a display or with lights, or stopping, by
21
physical, mechanical, or electronic means, a moving object
22
that is either physical or computer generated on a display or
23
with lights into, upon, or against a hole or other target that
24
is either physical or computer generated on a display or with
25
lights, if all of the following conditions are met:
26

(1) The outcome of the game is predominantly

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LRB104 16386 LNS 29775 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
14
uncertain outcome.

15

Section 10.
Wagering facilitation prohibited.
No owner or
16
operator of a family amusement establishment shall facilitate
17
wagering on amusement devices. Facilitating wagering on
18
amusement devices includes, but is not limited to, taking any
19
action that knowingly allows any entity to facilitate wagering
20
on amusement devices on the family amusement establishment's
21
premises.

22

Section 15.
Wagering advertising prohibited.
No owner or
23
operator of a family amusement establishment shall engage in
24
advertising that promotes wagering on amusement devices.

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LRB104 16386 LNS 29775 b
1

Section 20.
Exemptions.
Nothing in this Act shall prohibit
2
a 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

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LRB104 16386 LNS 29775 b
1
changing 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

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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

HB5140
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LRB104 16386 LNS 29775 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

HB5140
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LRB104 16386 LNS 29775 b
1

Amusement Wagering Prohibition Act.

2

(b) Participants in any of the following activities shall
3
not be convicted of gambling:
4

(1) Agreements to compensate for loss caused by the
5

happening of chance
,
including
,
without limitation
,

6

contracts of indemnity or guaranty and life or health or
7

accident 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

Federal
law; or the manufacture, distribution, or
22

possession of video gaming terminals, as defined in the
23

Video Gaming Act, by manufacturers, distributors, and
24

terminal operators licensed to do so under the Video
25

Gaming Act.
26

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

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LRB104 16386 LNS 29775 b
1

in accordance with the Bingo License and Tax Act.
2

(6) Lotteries when conducted by the State of Illinois
3

in accordance with the Illinois Lottery Law. This
4

exemption includes any activity conducted by the
5

Department of Revenue to sell lottery tickets pursuant to
6

the provisions of the Illinois Lottery Law and its rules.
7

(6.1) The purchase of lottery tickets through the
8

Internet for a lottery conducted by the State of Illinois
9

under the program established in Section 7.12 of the
10

Illinois Lottery Law.
11

(7) Possession of an antique slot machine that is
12

neither used nor intended to be used in the operation or
13

promotion of any unlawful gambling activity or enterprise.
14

For the purpose of this subparagraph (b)(7), an antique
15

slot machine is one manufactured 25 years ago or earlier.
16

(8) Raffles and poker runs when conducted in
17

accordance with the Raffles and Poker Runs Act.
18

(8.1) The purchase of raffle chances for a raffle
19

conducted in accordance with the Raffles and Poker Runs
20

Act.
21

(9) Charitable games when conducted in accordance with
22

the Charitable Games Act.
23

(10) Pull tabs and jar games when conducted under the
24

Illinois Pull Tabs and Jar Games Act.
25

(11) Gambling games when authorized by the Illinois
26

Gambling Act.

HB5140
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LRB104 16386 LNS 29775 b
1

(12) Video gaming terminal games at a licensed
2

establishment, licensed truck stop establishment, licensed
3

large truck stop establishment, licensed fraternal
4

establishment, or licensed veterans establishment when
5

conducted in accordance with the Video Gaming Act.
6

(13) Games of skill or chance where money or other
7

things of value can be won but no payment or purchase is
8

required to participate.
9

(14) Savings promotion raffles authorized under
10

Section 5g of the Illinois Banking Act, Section 7008 of
11

the Savings Bank Act, Section 42.7 of the Illinois Credit
12

Union Act, Section 5136B of the National Bank Act (12
13

U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12
14

U.S.C. 1463).
15

(15) Sports wagering when conducted in accordance with
16

the Sports Wagering Act.
17

(c) Sentence.
18

Gambling is a Class A misdemeanor. A second or subsequent
19
conviction under subsections (a)(3) through (a)(12), is a
20
Class 4 felony.
21

(d) Circumstantial evidence.
22

In prosecutions under this Section circumstantial evidence
23
shall have the same validity and weight as in any criminal
24
prosecution.
25
(Source: P.A. 101-31, Article 25, Section 25-915, eff.
26
6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19;

HB5140
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LRB104 16386 LNS 29775 b
1
101-109, eff. 7-19-19; 102-558, eff. 8-20-21.)

2

(720 ILCS 5/28-1.1)

(from Ch. 38, par. 28-1.1)
3

Sec. 28-1.1.
Syndicated gambling.
4

(a) Declaration of Purpose. Recognizing the close
5
relationship between professional gambling and other organized
6
crime, it is declared to be the policy of the legislature to
7
restrain persons from engaging in the business of gambling for
8
profit in this State. This Section shall be liberally
9
construed and administered with a view to carrying out this
10
policy.
11

(b) A person commits syndicated gambling when he or she
12
operates a "policy game" or engages in the business of
13
bookmaking.
14

(c) A person "operates a policy game" when he or she
15
knowingly uses any premises or property for the purpose of
16
receiving or knowingly does receive from what is commonly
17
called "policy":
18

(1) money from a person other than the bettor or
19

player whose bets or plays are represented by the money;
20

or
21

(2) written "policy game" records, made or used over
22

any period of time, from a person other than the bettor or
23

player whose bets or plays are represented by the written
24

record.
25

(d) A person engages in bookmaking when he or she

HB5140
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LRB104 16386 LNS 29775 b
1
knowingly receives or accepts more than
5

five
bets or wagers
2
upon the result of any trials or contests of skill, speed
,
or
3
power of endurance or upon any lot, chance, casualty, unknown
,

4
or contingent event whatsoever, which bets or wagers shall be
5
of such size that the total of the amounts of money paid or
6
promised to be paid to the bookmaker on account thereof shall
7
exceed $2,000. Bookmaking is the receiving or accepting of
8
bets or wagers regardless of the form or manner in which the
9
bookmaker records them.
10

(e) Participants in any of the following activities shall
11
not be convicted of syndicated gambling:
12

(1) Agreements to compensate for loss caused by the
13

happening of chance
,
including
,
without limitation
,

14

contracts of indemnity or guaranty and life or health or
15

accident insurance;
16

(2) Offers of prizes, award
,
or compensation to the
17

actual contestants in any bona fide contest for the
18

determination of skill, speed, strength
,
or endurance or
19

to the owners of animals or vehicles entered in the
20

contest
, except as prohibited under the Family Amusement
21

Wagering Prohibition Act
;
22

(3) Pari-mutuel betting as authorized by law of this
23

State;
24

(4) Manufacture of gambling devices, including the
25

acquisition of essential parts therefor and the assembly
26

thereof, for transportation in interstate or foreign

HB5140
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LRB104 16386 LNS 29775 b
1

commerce to any place outside this State when the
2

transportation is not prohibited by any applicable Federal
3

law;
4

(5) Raffles and poker runs when conducted in
5

accordance with the Raffles and Poker Runs Act;
6

(6) Gambling games conducted on riverboats, in
7

casinos, or at organization gaming facilities when
8

authorized by the Illinois Gambling Act;
9

(7) Video gaming terminal games at a licensed
10

establishment, licensed truck stop establishment, licensed
11

large truck stop establishment, licensed fraternal
12

establishment, or licensed veterans establishment when
13

conducted in accordance with the Video Gaming Act; and
14

(8) Savings promotion raffles authorized under Section
15

5g of the Illinois Banking Act, Section 7008 of the
16

Savings Bank Act, Section 42.7 of the Illinois Credit
17

Union Act, Section 5136B of the National Bank Act (12
18

U.S.C. 25a), or Section 4 of the Home Owners' Loan Act (12
19

U.S.C. 1463).
20

(f) Sentence. Syndicated gambling is a Class 3 felony.
21
(Source: P.A. 101-31, eff. 6-28-19.)

22

Section 99.
Effective date.
This Act takes effect upon
23
becoming law.

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