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Sen. Michael E. Hastings
Filed: 3/26/2026
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| 1 | | AMENDMENT TO SENATE BILL 3394
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3394 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Criminal Code of 2012 is amended by |
| 5 | | changing Section 28-8 as follows:
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| 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.)
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| 23 | | Section 99. Effective date. This Act takes effect upon |
| 24 | | becoming law.". |