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SB 3394

CRIM CD-GAMBLING LOSS-FANTASY

104th Regular Session Introduced by Mike Hastings

Allows civil recovery of gambling losses only if above a set threshold, with treble damages, and excludes losses from video gaming terminals and fantasy contests.

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Bill Summary · SB 3394

Summary of SB 3394 (104th Illinois General Assembly)

Overview

  • Title: CRIM CD-GAMBLING LOSS-FANTASY
  • Sponsor: Sen. Michael E. Hastings (co-sponsor: Mike Hastings)
  • Status: Amendment filed; specifies changes to the Criminal Code
  • Filed: March 26, 2026
  • Effective date: Upon becoming law

This amendment to the Illinois Criminal Code revises provisions related to gambling losses that are recoverable through civil action and clarifies exemptions for certain activities, including video gaming terminals and fantasy contests.

Purpose and Intent

The bill modifies Section 28-8 of the Criminal Code to:
- Clarify and adjust monetary thresholds for recoverable gambling losses in civil actions.
- Affirm existing law related to who counts as a “winner” in certain gambling transactions.
- Explicitly state exemptions where losses are not recoverable (video gaming, fantasy contests).

Overall, the amendment aims to refine when a gambler can sue for losses and to confirm non-recoverability in specified gaming contexts.

Key Provisions and Changes

  1. Civil Recovery of Gambling Losses – Threshold

    • Replaces the existing monetary threshold for recoverable losses from gambling.
    • New threshold stated: $5,000 $50 or more (note: the amendment text shows a typographical presentation of the amount; the intended effect appears to be a minimum recoverable loss, likely either $5,000 or $50 and more—clarification may be required in the final enacted language).
    • The loser may sue the winner for the amount lost (plus costs) in circuit court.
    • A person who accepts or transmits orders in certain financial exchanges is not deemed a “winner” under these recoverable-lost provisions.

  2. Right to Sue if Action Not Initiated

    • If a person entitled to initiate recovery under the above provision does not pursue the remedy within 6 months, another party may initiate a civil action to recover the loss.
    • The court or jury determines the amount of the loss, and afterward the court enters a judgment for triple the amount determined (treble damages), subject to the action being timely brought.

  3. Exemptions and Clarifications

    • Video Gaming Terminals: Losses from gambling conducted on a video gaming terminal licensed under the Video Gaming Act are not recoverable under this section.
    • Fantasy Contests: Losses from participation in fantasy contests against a fantasy contest operator (including single-player fantasy contests) are not recoverable under this section.
    • The amended provisions are stated to be declarative of existing law.

Affected Parties and Implications

  • Who is Affected? Individuals who gamble and lose money or value and subsequently seek recovery (subject to the threshold and conditions) in civil court.
  • Non-Recoverable Scenarios:
    • Losses from video gaming terminals licensed under Illinois Video Gaming Act.
    • Losses from fantasy contests (including single-player formats) against fantasy contest operators.
  • Treble Damages: If a recovery action is permitted and determined, the court must award triple the proven amount of the loss, enhancing potential penalties for unsuccessful defendants under the stated conditions.
  • Operational Impacts:
    • Potentially increases legal risk for certain gambling activities if they fall outside the exemptions.
    • Clarifies the role of “winners” in transmissions and executions of orders connected to securities or commodities in the context of recovery actions.

Procedural and Timeline Notes

  • Rule 2-10 Deadlines: Committee deadlines established (e.g., April 24, 2026, and May 15, 2026) for consideration in the legislative process.
  • Effective Date: The act takes effect upon becoming law (no staged or retroactive applicability indicated beyond the amendment’s text).
  • Legal Clarifications: The text references declarative intent; final enacted language may adjust as the bill progresses.

If you’d like, I can provide a plain-language interpretation of the monetary threshold (whether it is $5,000, $50, or a different amount) and compare it to the current law for precise impact.

Compiled from official sources — confirm details with the bill’s official record.

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