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| 1 | AMENDMENT TO HOUSE BILL 4885 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4885 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 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 person who by gambling shall lose to any other | ||||||
| 9 | person, any sum of money or thing of value, amounting to the | ||||||
| 10 | sum of $5,000 $50 or more and shall pay or deliver the same or | ||||||
| 11 | any part thereof, may sue for and recover the money or other | ||||||
| 12 | thing of value, so lost and paid or delivered, in a civil | ||||||
| 13 | action against the winner thereof, with costs, in the circuit | ||||||
| 14 | court. No person who accepts from another person for | ||||||
| 15 | transmission, and transmits, either in his own name or in the | ||||||
| 16 | name of such other person, any order for any transaction to be | ||||||
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| 1 | made upon, or who executes any order given to him by another | ||||||
| 2 | person, or who executes any transaction for his own account | ||||||
| 3 | on, any regular board of trade or commercial, commodity or | ||||||
| 4 | stock exchange, shall, under any circumstances, be deemed a | ||||||
| 5 | "winner" of any moneys lost by such other person in or through | ||||||
| 6 | any such transactions. | ||||||
| 7 | (b) (Blank). If within 6 months, such person who under the | ||||||
| 8 | terms of Subsection 28-8(a) is entitled to initiate action to | ||||||
| 9 | recover his losses does not in fact pursue his remedy, any | ||||||
| 10 | person may initiate a civil action against the winner. The | ||||||
| 11 | court or the jury, as the case may be, shall determine the | ||||||
| 12 | amount of the loss. After such determination, the court shall | ||||||
| 13 | enter a judgment of triple the amount so determined. | ||||||
| 14 | (c) Gambling losses as a result of gambling conducted on a | ||||||
| 15 | video gaming terminal licensed under the Video Gaming Act are | ||||||
| 16 | not recoverable under this Section. | ||||||
| 17 | (d) Losses as a result of participation in any fantasy | ||||||
| 18 | contests against a fantasy contest operator, including | ||||||
| 19 | single-player fantasy contests, are not recoverable under this | ||||||
| 20 | Section. The provisions of this amendatory Act of the 104th | ||||||
| 21 | General Assembly are declarative of existing law. | ||||||
| 22 | (Source: P.A. 98-31, eff. 6-24-13.) | ||||||
| 23 | Section 99. Effective date. This Act takes effect upon | ||||||
| 24 | becoming law.". | ||||||