Bill
HB 3733
Expands gambling device rules to include vending and electronic machines awarding credits or prize entries, making them unlawful gambling and subject to penalties.
Status (as of May 2025)
- Introduced Feb. 18, 2025 by Rep. Robert “Bob” Rita. Companion: SB 1547.
- Assigned to Rules and Gaming Committees; reported favorably from subcommittee and committee; placed on General State Calendar (May 12, 2025).
- Listed as Rule 19(a) / Re‑referred to Rules Committee (Mar. 21, 2025).
Purpose
- To broaden the Criminal Code and the Video Gaming Act definitions and prohibitions related to “gambling devices,” so that certain vending or electronic machines that award credits or entries into chance‑based contests become regulated as gambling devices and unlawful where they meet the bill’s criteria.
Key provisions and changes
- Amends the Criminal Code (720 ILCS 5/28‑1 and 28‑2) to expand the definition of “gambling device” to include:
- Any vending or other electronic machine or device (explicitly including machines that award credits) that contains a circuit, meter, or switch capable of removing and recording the removal of credits;
- Where the device offers a person entry into any contest, competition, sweepstakes, scheme, plan, or selection process that depends on an element of chance and may result in a gift, award, or item/service of value;
- The definition covers such offers when entry is incidental to or results from (A) a purchase of an item/service; or (B) purchase or gratuitous receipt of a coupon, voucher, certificate, or similar credit redeemable for an item/service from that device or elsewhere.
- Clarifies that games of skill or chance that award value but do not require payment are not criminal gambling—unless participation is accomplished using a gambling device as redefined above.
- Establishes that a gambling offense involving such a device is a Class 4 felony.
- Amends the Video Gaming Act (230 ILCS 40/35) to remove the existing exemption that allowed 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. Also strengthens provisions allowing seizure, confiscation and destruction of devices used in violation and authorizes immediate liquor license revocation where applicable.
Who or what would be affected
- Operators, owners, sellers, and premises that host vending/prize machines or kiosks that award credits or entries (e.g., stores, arcades, convenience stores, truck stops, bars/fraternal/veterans establishments, redemption centers).
- Businesses offering sweepstakes or prize entries tied to purchases or distribution of coupons/vouchers via electronic machines.
- Consumers: “Free‑to‑play” games that do not require purchase remain generally excluded provided they do not use a prohibited device; otherwise participation could expose organizers to criminal liability.
Enforcement, penalties, and remedies
- Offenses involving covered devices are Class 4 felonies.
- Devices used or possessed in violation are declared public nuisances and are subject to seizure, confiscation, and destruction per Section 28‑5 of the Criminal Code.
- Liquor licenses for establishments permitting unlawful operation of such devices may be revoked.
Effective date
- The bill’s synopsis states “Effective immediately.” (Final effective date is subject to the enacted bill language.)
Notes & considerations
- The change narrows a prior carve‑out that permitted certain non‑gambling device uses without licensing; under HB 3733 more devices and operators may fall within regulated/gambling classifications.
- Operators of promotional kiosks, vending machines that award credits/entries, and businesses using ticket‑or credit‑based prize systems should review compliance and licensing implications if this bill becomes law.
Compiled from official sources — confirm details with the bill’s official record.
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