720 ILCS 5/28-5
2021 Illinois Compiled Statutes|Chapter 720 - CRIMINAL OFFENSES|720 ILCS 5/ - Criminal Code of 2012.|Title III - Specific Offenses

 (from Ch. 38, par. 28-5)Sec. 28-5. Seizure of gambling devices and gambling funds.(a) Every device designed for gambling which is incapable of lawful use  or every device used unlawfully for gambling shall be considered a  "gambling device", and shall be subject to seizure, confiscation and  destruction by the Illinois State Police or by any municipal, or other  local authority, within whose jurisdiction the same may be found.  As used  in this Section, a "gambling device" includes any slot machine, and  includes any machine or device constructed for the reception of money or  other thing of value and so constructed as to return, or to cause someone  to return, on chance to the player thereof money, property or a right to  receive money or property.  With the exception of any device designed for  gambling which is incapable of lawful use, no gambling device shall be  forfeited or destroyed unless an individual with a property interest in  said device knows of the unlawful use of the device.(b) Every gambling device shall be seized and forfeited to the county  wherein such seizure occurs.  Any money or other thing of value integrally  related to acts of gambling shall be seized and forfeited to the county  wherein such seizure occurs.(c) If, within 60 days after any seizure pursuant to subparagraph  (b) of this Section, a person having any property interest in the seized  property is charged with an offense, the court which renders judgment  upon such charge shall, within 30 days after such judgment, conduct a  forfeiture hearing to determine whether such property was a gambling device  at the time of seizure.  Such hearing shall be commenced by a written  petition by the State, including material allegations of fact, the name  and address of every person determined by the State to have any property  interest in the seized property, a representation that written notice of  the date, time and place of such hearing has been mailed to every such  person by certified mail at least 10 days before such date, and a  request for forfeiture.  Every such person may appear as a party and  present evidence at such hearing.  The quantum of proof required shall  be a preponderance of the evidence, and the burden of proof shall be on  the State.  If the court determines that the seized property was  a gambling device at the time of seizure, an order of forfeiture and  disposition of the seized property shall be entered: a gambling device  shall be received by the State's Attorney, who shall effect its  destruction, except that valuable parts thereof may be liquidated and  the resultant money shall be deposited in the general fund of the county  wherein such seizure occurred; money and other things of value shall be  received by the State's Attorney and, upon liquidation, shall be  deposited in the general fund of the county wherein such seizure  occurred.  However, in the event that a defendant raises the defense  that the seized slot machine is an antique slot machine described in  subparagraph (b) (7) of Section 28-1 of this Code and therefore  he is  exempt from the charge of a gambling activity participant, the seized  antique slot machine shall not be destroyed or otherwise altered until a  final determination is made by the Court as to whether it is such an  antique slot machine.  Upon a final determination by the Court of this  question in favor of the defendant, such slot machine shall be  immediately returned to the defendant.  Such order of forfeiture and  disposition shall, for the purposes of appeal, be a final order and  judgment in a civil proceeding.(d) If a seizure pursuant to subparagraph (b) of this Section is not  followed by a charge pursuant to subparagraph (c) of this Section, or if  the prosecution of such charge is permanently terminated or indefinitely  discontinued without any judgment of conviction or acquittal (1) the  State's Attorney shall commence an in rem proceeding for the forfeiture  and destruction of a gambling device, or for the forfeiture and deposit  in the general fund of the county of any seized money or other things of  value, or both, in the circuit court and (2) any person having any  property interest in such seized gambling device, money or other thing  of value may commence separate civil proceedings in the manner provided  by law.(e) Any gambling device displayed for sale to a riverboat gambling  operation, casino gambling operation, or organization gaming facility or used to train occupational licensees of a riverboat gambling  operation, casino gambling operation, or organization gaming facility as authorized under the Illinois Gambling Act is exempt from  seizure under this Section.(f) Any gambling equipment, devices, and supplies provided by a licensed  supplier in accordance with the Illinois Gambling Act which are removed  from a riverboat, casino, or organization gaming facility for repair are exempt from seizure under this Section.(g) The following video gaming terminals are exempt from seizure under this Section:(1) Video gaming terminals for sale to a licensed     distributor or operator under the Video Gaming Act.(2) Video gaming terminals used to train licensed     technicians or licensed terminal handlers.(3) Video gaming terminals that are removed from a      licensed establishment, licensed truck stop establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment for repair.(h) Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.(i) Any sports lottery terminals provided by a central system provider that are removed from a lottery retailer for repair under the Sports Wagering Act are exempt from seizure under this Section.(Source: P.A. 101-31, Article 25, Section 25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff. 6-28-19; 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)