BILL NUMBER: AB 1753 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hall
FEBRUARY 8, 2010
An act to amend Sections 330a, 330b, and 330.1 of the Penal Code,
relating to slot machines.
LEGISLATIVE COUNSEL'S DIGEST
AB 1753, as introduced, Hall. Slot machines.
Existing law, subject to exceptions, generally prohibits the
possession and use of a "slot machine or device" as defined, and
prohibits certain other acts and transactions pertaining to slot
machines or devices. Existing law provides varying definitions of
"slot machine or device" for these purposes. Violations of these
provisions are punishable by varying misdemeanor penalties.
This bill would increase those misdemeanor penalties to provide
that a first offense under these provisions would be punishable by a
fine of not less than $500 nor more than $1,000, or by imprisonment
in a county jail not exceeding 6 months, or by both that fine and
imprisonment, that a 2nd offense would be punishable by a fine of not
less than $1,000 nor more than $5,000, or by imprisonment in a
county jail not exceeding 6 months, or by both that fine and
imprisonment, and that a 3rd or subsequent offense would be
punishable by a fine of not less than $5,000, nor more than $10,000,
or by imprisonment in a county jail not exceeding one year, or by
both that fine and imprisonment. The bill would also provide that if
the offense involved more than one machine or more than one location,
an additional fine of not less than $100 nor more than $500 would by
imposed per machine and per location. The bill would further provide
that, for certain purposes, the definition of "slot machine or
device" includes any machine or device that offers any prize or
consideration with a value greater than the price or amount to play
the machine or device, regardless of chance, or the skill or
knowledge of the operator, is a slot machine or device, and that the
definition of "slot machine or device" for certain other purposes
includes "gambling machine" as defined in federal law.
By expanding the scope of, and increasing the penalties for,
existing crimes, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 330a of the Penal Code is amended to read:
330a. (a) Every person, who has in his
or her possession or under his or her control,
either as owner, lessee, agent, employee, mortgagee, or otherwise, or
who permits to be placed, maintained or kept, in any room, space,
inclosure or building owned, leased or occupied by him or her
, or under his or her management or control, any
slot or card machine, contrivance, appliance or mechanical device,
upon the result of action of which money or other valuable thing is
staked or hazarded, and which is operated, or played, by placing or
depositing therein any coins, checks, slugs, balls, or other articles
or device, or in any other manner and by means whereof, or as a
result of the operation of which any merchandise, money,
representative or articles of value, checks, or tokens, redeemable
in, or exchangeable for money or any other thing of value, is won or
lost, or taken from or obtained from such the
machine, when the result of action or operation of
such the machine, contrivance, appliance, or
mechanical device is dependent upon hazard or chance, and every
person, who has in his or her possession or under his
or her control, either as owner, lessee, agent, employee,
mortgagee, or otherwise, or who permits to be placed, maintained or
kept, in any room, space, inclosure or building, owned, leased or
occupied by him or her , or under his or her
management or control, any card dice, or any dice having more than
six faces or bases each, upon the result of action of which any money
or other valuable thing is staked or hazarded, or as a result of the
operation of which any merchandise, money, representative or article
of value, check or token, redeemable in or exchangeable for money or
any other thing of value, is won or lost or taken, when the result
of action or operation of such the dice
is dependent upon hazard or chance, is guilty of a misdemeanor
, and .
(b) A first violation of this section
shall be punishable by a fine of not less than
one five hundred dollars
($100) ($500) nor more than one thousand dollars
($1,000), or by imprisonment in the a
county jail not exceeding six months, or by both such
that fine and imprisonment.
(c) A second offense shall be punishable by a fine of not less
than one thousand dollars ($1,000) nor more than five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
six months, or by both that fine and imprisonment.
(d) A third or subsequent offense shall be punishable by a fine of
not less than five thousand dollars ($5,000), nor more than ten
thousand dollars ($10,000), or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
(e) If the offense involved more than one machine or more than one
location, an additional fine of not less than one hundred dollars
($100) nor more than five hundred dollars ($500) shall be imposed per
machine and per location.
SEC. 2. Section 330b of the Penal Code is amended to read:
330b. (a) It is unlawful for any person to manufacture, repair,
own, store, possess, sell, rent, lease, let on shares, lend or give
away, transport, or expose for sale or lease, or to offer to repair,
sell, rent, lease, let on shares, lend or give away, or permit the
operation, placement, maintenance, or keeping of, in any place, room,
space, or building owned, leased, or occupied, managed, or
controlled by that person, any slot machine or device, as defined in
this section.
It is unlawful for any person to make or to permit the making of
an agreement with another person regarding any slot machine or
device, by which the user of the slot machine or device, as a result
of the element of hazard or chance or other unpredictable outcome,
may become entitled to receive money, credit, allowance, or other
thing of value or additional chance or right to use the slot machine
or device, or to receive any check, slug, token, or memorandum
entitling the holder to receive money, credit, allowance, or other
thing of value.
(b) The limitations of subdivision (a), insofar as they relate to
owning, storing, possessing, or transporting any slot machine or
device, do not apply to any slot machine or device located upon or
being transported by any vessel regularly operated and engaged in
interstate or foreign commerce, so long as the slot machine or device
is located in a locked compartment of the vessel, is not accessible
for use, and is not used or operated within the territorial
jurisdiction of this state.
(c) The limitations of subdivision (a) do not apply to a
manufacturer's business activities that are conducted in accordance
with the terms of a license issued by a tribal gaming agency pursuant
to the tribal-state gaming compacts entered into in accordance with
the Indian Gaming Regulatory Act (18 U.S.C. Sec. 1166 to 1168,
inclusive, and 25 U.S.C. Sec. 2701 et seq.).
(d) For purposes of this section, "slot machine or device" means a
machine, apparatus, or device that is adapted, or may readily be
converted, for use in a way that, as a result of the insertion of any
piece of money or coin or other object, or by any other means, the
machine or device is caused to operate or may be operated, and by
reason of any element of hazard or chance or of other outcome of
operation unpredictable by him or her, the user may receive or become
entitled to receive any piece of money, credit, allowance, or thing
of value, or additional chance or right to use the slot machine or
device, or any check, slug, token, or memorandum, whether of value or
otherwise, which may be exchanged for any money, credit, allowance,
or thing of value, or which may be given in trade, irrespective of
whether it may, apart from any element of hazard or chance or
unpredictable outcome of operation, also sell, deliver, or present
some merchandise, indication of weight, entertainment, or other thing
of value. Additionally, except as provided in subdivision (f),
any machine or device that offers any prize or consideration with a
value greater than the price or amount to play the machine or device,
regardless of chance, or the skill or knowledge of the operator, is
a slot machine or device for purposes of this section.
(e) Every person who violates this section is guilty of a
misdemeanor.
(1) A first violation of this section shall be punishable by a
fine of not less than five hundred dollars ($500) nor more than one
thousand dollars ($1,000), or by imprisonment in a county jail not
exceeding six months, or by both that fine and imprisonment.
(2) A second offense shall be punishable by a fine of not less
than one thousand dollars ($1,000) nor more than five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
six months, or by both that fine and imprisonment.
(3) A third or subsequent offense shall be punishable by a fine of
not less than five thousand dollars ($5,000) nor more than ten
thousand dollars ($10,000), or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
(4) If the offense involved more than one machine or more than one
location, an additional fine of not less than one hundred dollars
($100) nor more than five hundred dollars ($500) shall be imposed per
machine and per location.
(f) Pinball and other amusement machines or devices, which are
predominantly games of skill, whether affording the opportunity of
additional chances or free plays or not, are not included within the
term slot machine or device, as defined in this section.
SEC. 3. Section 330.1 of the Penal Code is amended to read:
330.1. (a) Every person who manufactures,
owns, stores, keeps, possesses, sells, rents, leases, lets on shares,
lends or gives away, transports or exposes for sale or lease or
offers to sell, rent, lease, let on shares, lend or give away or who
permits the operation of or permits to be placed, maintained, used or
kept in any room, space or building owned, leased or occupied by him
or her or under his or her management or
control, any slot machine or device as hereinafter defined, and every
person who makes or permits to be made with any person any agreement
with reference to any slot machine or device as hereinafter defined,
pursuant to which agreement the user thereof, as a result of any
element of hazard or chance, may become entitled to receive anything
of value or additional chance or right to use such
that slot machine or device, or to receive any check,
slug, token or memorandum, whether of value or otherwise, entitling
the holder to receive anything of value, is guilty of a misdemeanor
and .
(b) A first violation of this section
shall be punishable by a fine of not more than one thousand
dollars ($1,000) , or by imprisonment in the
a county jail not exceeding six months ,
or by both such that fine and
imprisonment. A
(c) A second offense shall be punishable by a fine of not less
than one thousand dollars ($1,000) nor more than five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding
six months, or by both that fine and imprisonment.
(d) A third or subsequent offense shall be punishable by a fine of
not less than five thousand dollars ($5,000) nor more than ten
thousand dollars ($10,000), or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
(e) If the offense involved more than one machine or more than one
location, an additional fine of not less than one hundred dollars
($100) nor more than five hundred dollars ($500) shall be imposed per
machine and per location.
(f) A slot machine or device
within the meaning of Sections 330.1 to 330.5, inclusive, of this
code is one that is, or may be, used or operated in such a way that,
as a result of the insertion of any piece of money or coin or other
object such the machine or device is
caused to operate or may be operated or played, mechanically,
electrically, automatically or manually, and by reason of any element
of hazard or chance, the user may receive or become entitled to
receive anything of value or any check, slug, token or memorandum,
whether of value or otherwise, which may be given in trade, or the
user may secure additional chances or rights to use such machine or
device, irrespective of whether it may, apart from any element of
hazard or chance also sell, deliver or present some merchandise,
indication of weight, entertainment or other thing of value ,
and includes a "gambling device" as defined in Section 1171(a)(1) of
Title 15 of the United States Code .
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.