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Full Text of SB3394
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SB3394 - 104th General Assembly
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Senate Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3394
Introduced 2/4/2026, by Sen. Michael E. Hastings
SYNOPSIS AS INTRODUCED:
720 ILCS 5/28-8
from Ch. 38, par. 28-8
Amends the Criminal Code of 2012. In the provision of the Code that
provides that a person who by illegal gambling loses $50 or more to another
person may sue for and recover the money or other thing of value, so lost
and paid or delivered, in a civil action against the winner thereof, with
costs, in the circuit court, applies only to a natural person with
residency in the State of Illinois. Provides that losses as a result of
participation in any fantasy contests against a fantasy contest operator,
including single-player fantasy contests, are not recoverable under the
provision. Effective immediately.
LRB104 19516 RLC 32964 b
A BILL FOR
SB3394
LRB104 19516 RLC 32964 b
1
AN ACT concerning criminal law.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Criminal Code of 2012 is amended by
5
changing Section 28-8 as follows:
6
(720 ILCS 5/28-8)
(from Ch. 38, par. 28-8)
7
Sec. 28-8.
Gambling losses recoverable.
8
(a) Any
natural
person
with residency in the State of
9
Illinois
who by gambling shall lose to any other person, any
10
sum of money or thing of value, amounting to the sum of $50 or
11
more and shall pay or deliver the same or any part thereof, may
12
sue for and recover the money or other thing of value, so lost
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and paid or delivered, in a civil action against the winner
14
thereof, with costs, in the circuit court. No person who
15
accepts from another person for transmission, and transmits,
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either in his own name or in the name of such other person, any
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order for any transaction to be made upon, or who executes any
18
order given to him by another person, or who executes any
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transaction for his own account on, any regular board of trade
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or commercial, commodity or stock exchange, shall, under any
21
circumstances, be deemed a "winner" of any moneys lost by such
22
other person in or through any such transactions.
23
(b) If within 6 months, such person who under the terms of
SB3394
- 2 -
LRB104 19516 RLC 32964 b
1
Subsection 28-8(a) is entitled to initiate action to recover
2
his losses does not in fact pursue his remedy, any person may
3
initiate a civil action against the winner. The court or the
4
jury, as the case may be, shall determine the amount of the
5
loss. After such determination, the court shall enter a
6
judgment of triple the amount so determined.
7
(c) Gambling losses as a result of gambling conducted on a
8
video gaming terminal licensed under the Video Gaming Act are
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not recoverable under this Section.
10
(d) Losses as a result of participation in any fantasy
11
contests against a fantasy contest operator, including
12
single-player fantasy contests, are not recoverable under this
13
Section.
14
(Source: P.A. 98-31, eff. 6-24-13.)
15
Section 99.
Effective date.
This Act takes effect upon
16
becoming law.
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