Bill
HB 2879
Expands the definition of gambling devices to cover credit-earning machines tied to chance entries from purchases, making violations a Class 4 felony.
Status & Sponsor
- Bill Number: HB 2879
- Title (short): Video Gaming & Criminal Code — Gambling Device
- Primary Sponsor: Rep. Robert “Bob” Rita
- Introduced: February 14, 2025
- Current procedural status (per provided record): House Committee Amendment No. 1 (Rule 19(c)); re‑referred to Rules Committee. Placed on General State Calendar (May 15, 2025).
Note on document: the provided file contains text from two different measures (an Arizona amendment to A.R.S. §16‑821 about precinct committeemen and an Illinois bill amending the Criminal Code and Video Gaming Act). The summary below focuses on the Illinois provisions consistent with the bill title (video gaming and gambling‑device definitions).
Purpose and intent
- To broaden the statutory definition of “gambling device” and to tighten criminal and regulatory consequences for certain electronic or vending machines that provide entries into contests, sweepstakes or similar selection processes tied to chance when those entries are tied to purchases or credits.
- To align the Video Gaming Act enforcement and device licensing provisions with the expanded criminal definition.
Key provisions
- Definition change (Criminal Code, 720 ILCS 5/28‑1 and related): "Gambling device" is expanded to include vending or electronic machines that:
- award credits and contain a circuit, meter, or switch capable of removing and recording removal of credits; and
- offer entry into a contest, competition, sweepstakes, scheme or other selection process that depends on an element of chance and may result in a gift, award or other thing of value — where that offer is incidental to or results from (A) purchase of an item/service, or (B) purchase or gratuitous receipt of a coupon, voucher, certificate, or similar credit redeemable for value from that device or elsewhere.
- Free‑play exemption: Participants in games (skill or chance) where money/value can be won but no payment or purchase is required generally will not be convicted of gambling — except where participation occurs via a gambling device now covered by the new definition.
- Criminal penalties: A gambling offense involving such a machine/device as defined is classified as a Class 4 felony.
- Video Gaming Act amendments (230 ILCS 40/35):
- Affirms licensing requirements for video gaming terminals and locations; strengthens authority to seize, confiscate, and destroy devices used in violation (refers to seizure procedures under the Criminal Code, §28‑5).
- Makes violations of the section a Class 4 felony.
- Removes or clarifies language that previously permitted use of unlicensed game devices when an activity was not considered gambling under the Criminal Code (the amendment narrows that safe harbor).
Who would be affected
- Operators, owners and vendors of vending or electronic machines that award credits or promotional entries (including manufacturers, distributors, and retail locations such as bars, truck stops, fraternal or veterans establishments).
- Consumers who participate in purchase‑linked sweepstakes/contests delivered via machines.
- Regulators and law‑enforcement agencies responsible for licensing, inspection, seizure and prosecution.
- Entities currently relying on an exemption that a device is “not gambling” under existing Criminal Code definitions.
Enforcement, remedies and timeline
- Devices that violate the Act or Criminal Code are declared public nuisances and are subject to seizure, confiscation, and destruction (cross‑references to §28‑5).
- Offenses involving newly captured devices are elevated to Class 4 felonies (Illinois penalty class).
- The synopsis indicates the amendments are effective immediately upon enactment.
Potential impacts and considerations
- Expands criminal exposure and enforcement against a broader category of electronic devices and promotional machines that tie entries to purchases or redeemable credits.
- Could lead to increased seizures and criminal prosecutions of operators and suppliers of implicated machines.
- Clarifies protection for truly no‑purchase/free‑to‑play promotions unless they are implemented through devices now captured by the definition.
- Businesses using promotional kiosks, vending sweepstakes, or credit‑based devices should assess compliance, licensing needs, and potential civil/criminal risk.
Legislative actions (selected from record)
- Filed: 2025‑02‑14; assigned to committees and considered in committee hearings in March–May 2025; committee substitute reported favorably (May 2, 2025); placed on General State Calendar (May 15, 2025). Current status: House Committee Amendment No. 1 / re‑referred to Rules Committee (March 21, 2025).
Compiled from official sources — confirm details with the bill’s official record.
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