BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Mark Leno, Chair                A
                             2009-2010 Regular Session               B

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          AB 1753 (Hall)                                             3
          As Amended April 14, 2010
          Hearing date:  June 22, 2010
          Penal Code
          MK:mc

                                     SLOT MACHINES  

                                       HISTORY

          Source:  Los Angeles County Sheriff's Department

          Prior Legislation: None

          Support: Los Angeles County District Attorney's Office;  
          California State Sheriffs'                                   
          Association; Morongo Band of Mission Indians, Tribal Council (if  
          amended)

          Opposition:Unknown

          Assembly Floor Vote:  Ayes 71 - Noes 0



                                        KEY ISSUES
           
          SHOULD THE PENALTIES FOR SUBSEQUENT CONVICTIONS OF SLOT MACHINE  
          RELATED OFFENSES BE AS FOLLOWS: $1,000-$10,000 FINE AND UP TO SIX  
          MONTHS IN JAIL FOR A SECOND OFFENSE; AND $10,000-$25,000 FINE AND UP  
          TO ONE YEAR IN THE COUNTY JAIL FOR A THIRD OR SUBSEQUENT OFFENSE?

          IF A SLOT MACHINE OFFENSE INVOLVES MORE THAN ONE MACHINE OR MORE  




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                                                             AB 1753 (Hall)
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          THAN ONE LOCATION, SHOULD THERE BE AN ADDITIONAL FINE OF  
          $1,000-$5,000?


                                       PURPOSE

          The purpose of this bill is to increase the fines for repeat  
          slot machine related offenses.
          
           Existing law  provides that every person, who has in his  
          possession or under his control or who permits to be placed,  
          maintained or kept in any room, space, inclosure or building  
          owned, leased or occupied by him, or under his 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 coins,  
          checks, slugs, balls, or other articles or device, or in any  
          other manner or as a result of the operation of which any  
          merchandise, money, representative or article of value, checks  
          or tokens, redeemable in or exchangeable for money or other  
          thing of value, is won or lost, or taken from or obtained from  
          such machine, when the result of action or operation of such  
          machine, contrivance, et cetera, is dependant 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 under his 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 dice is dependant  
          upon hazard or chance is guilty of a misdemeanor punishable by a  
          fine between $100 and $1,000 and/or by imprisonment in the  
          county jail not exceeding six months.  (Penal Code  330a.)





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                                                             AB 1753 (Hall)
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           This bill  provides that the penalty for a second offense of the  
          above shall be a fine between $1,000 and $10,000 and/or up to  
          six months in the county jail.

           This bill  provides that a third or subsequent offense of the  
          above shall be a fine between $10,000 and $25,000 and/or  
          imprisonment in the county jail for up to one year. 

           This bill  provides that if the above offense involved more than  
          one machine or more than one location, an additional fine of  
          $1,000 to $5,000 shall be imposed per machine per location.

           Existing law  provides that 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.  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 the  
          money, credit, allowance or other thing of value.  A violation  
          is a misdemeanor punishable by up to six months in county jail  
          and/or a fine not more than $1,000.  (Penal Code  330b.)

           This bill  provides that a first violation of the above is  
          punishable by a fine between $500 and $1,000 and/or by  
          imprisonment in the county jail for up to 6 months.

           This bill  provides that the penalty for a second offense of the  
          above shall be a fine between $1,000 and $10,000 and/or up to  
          six months in the county jail.





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                                                             AB 1753 (Hall)
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           This bill  provides that a third or subsequent offense of the  
          above shall be a fine between $10,000 and $25,000 and/or  
          imprisonment in the county jail for up to one year. 

           This bill  provides that if the above offense involved more than  
          one machine or more than one location, an additional fine of  
          $1,000 to $5,000 shall be imposed per machine per location.

           Existing law   provides that every person who manufactures, owns,  
          stores, keeps, possesses, sells, rents, leases, lets on shares,  
          lend or gives away, transports, or exposes for sale or lease, or  
          offers to sell, rent, lease, lets 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 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  
          defined, pursuant to which agreement with 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 that slot machine, or to receive any check, slug, token, or  
          memorandum, whether of value or otherwise, entitling the holder  
          to receive anything of value is a misdemeanor punishable by a  
          fine of not more than $1,000 and/or up to six months in jail.  
          (Penal Code  330.1.)

           This bill  provides that the penalty for a second offense of the  
          above shall be a fine between $1,000 and $10,000 and/or up to  
          six months in the county jail.

           This bill  provides that a third or subsequent offense of the  
          above shall be a fine between $10,000 and $25,000 and/or  
          imprisonment in the county jail for up to one year. 

           This bill  provides that if the above offense involved more than  
          one machine or more than one location, an additional fine of  
          $1,000 to $5,000 shall be imposed per machine per location.

                                          




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                                                             AB 1753 (Hall)
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              RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION IMPLICATIONS
          
          The severe prison overcrowding problem California has  
          experienced for the last several years has not been solved.  In  
          December of 2006 plaintiffs in two federal lawsuits against the  
          Department of Corrections and Rehabilitation sought a  
          court-ordered limit on the prison population pursuant to the  
          federal Prison Litigation Reform Act.  On January 12, 2010, a  
          federal three-judge panel issued an order requiring the state to  
          reduce its inmate population to 137.5 percent of design capacity  
          -- a reduction of roughly 40,000 inmates -- within two years.   
          In a prior, related 184-page Opinion and Order dated August 4,  
          2009, that court stated in part:

               "California's correctional system is in a tailspin,"  
               the state's independent oversight agency has reported.  
               . . .  (Jan. 2007 Little Hoover Commission Report,  
               "Solving California's Corrections Crisis: Time Is  
               Running Out").  Tough-on-crime politics have increased  
               the population of California's prisons dramatically  
               while making necessary reforms impossible. . . .  As a  
               result, the state's prisons have become places "of  
               extreme peril to the safety of persons" they house, .  
               . .  (Governor Schwarzenegger's Oct. 4, 2006 Prison  
               Overcrowding State of Emergency Declaration), while  
               contributing little to the safety of California's  
               residents, . . . .   California "spends more on  
               corrections than most countries in the world," but the  
               state "reaps fewer public safety benefits." . . .  .   
               Although California's existing prison system serves  
               neither the public nor the inmates well, the state has  
               for years been unable or unwilling to implement the  
               reforms necessary to reverse its continuing  
               deterioration.  (Some citations omitted.)

               . . .

               The massive 750% increase in the California prison  
               population since the mid-1970s is the result of  
               political decisions made over three decades, including  




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               the shift to inflexible determinate sentencing and the  
               passage of harsh mandatory minimum and three-strikes  
               laws, as well as the state's counterproductive parole  
               system.  Unfortunately, as California's prison  
               population has grown, California's political  
               decision-makers have failed to provide the resources  
               and facilities required to meet the additional need  
               for space and for other necessities of prison  
               existence.  Likewise, although state-appointed experts  
               have repeatedly provided numerous methods by which the  
               state could safely reduce its prison population, their  
               recommendations have been ignored, underfunded, or  
               postponed indefinitely.  The convergence of  
               tough-on-crime policies and an unwillingness to expend  
               the necessary funds to support the population growth  
               has brought California's prisons to the breaking  
               point.  The state of emergency declared by Governor  
               Schwarzenegger almost three years ago continues to  
               this day, California's prisons remain severely  
               overcrowded, and inmates in the California prison  
               system continue to languish without constitutionally  
               adequate medical and mental health care.<1>

          The court stayed implementation of its January 12, 2010, ruling  
          pending the state's appeal of the decision to the U.S. Supreme  
          Court.  On Monday, June 14, 2010, the U.S. Supreme Court agreed  
          to hear the state's appeal in this case.   

           This bill  does not appear to aggravate the prison overcrowding  
          crisis described above.







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          <1>   Three Judge Court Opinion and Order, Coleman v.  
          Schwarzenegger, Plata v. Schwarzenegger, in the United States  
          District Courts for the Eastern District of California and the  
          Northern District of California United States District Court  
          composed of three judges pursuant to Section 2284, Title 28  
          United States Code (August 4, 2009).











                                      COMMENTS

          1.    Need for This Bill  

          According to the author:

              Unlicensed slot machines, often disguised as video  
              arcade machines, are being placed in small businesses in  
              largely lower income neighborhoods.  These slot machines  
              look and act nearly identical to licensed slot machines  
              found at tribal gaming facilities yet are being place  
              din bars, restaurants, liquor stores and tobacco shops.  
              Revenues from these machines are unregulated, unreported  
              and untaxed.

              The profits from these illegal slot machines make the  
              minor penalty for conviction merely a cost of doing  
              business for these offenders.  Therefore, law  
              enforcement has had few tools available to stop and  
              deter these machines from operating throughout  
              California.

          2.    Increased Penalties for Repeat Offenders  

          This bill increases the penalty for repeat offenders of  
          provisions prohibiting slot machine type devices.  According to  
          the sponsor:

              The problem we seek to address is that video slot  
              machines are being placed in small businesses by  
              organized groups.  The machines are placed in liquor  
              stores, donut shops, restaurants, video stores, and  
              tobacco shops.  The video slot machines are generally  
              placed in businesses located in lower income  
              communities.  The profits from these machines are split  
              between the business owner and the group that provides  
              the video slot machines.  The money is unreported and  
              untaxed.  The machines are unregulated and have high  




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                                                             AB 1753 (Hall)
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              retention rates which provide these people with the  
              ability to take advantage of lower income individuals.

              Sometimes the video slot machines are camouflaged as  
              video arcade games.  This allows the illegal machine to  
              be place in public view without being easily detected.  
              The business owner can switch the machine from an arcade  
              game to a video slot machine by remote control.

              The penalty for this misdemeanor offense does not  
              discourage the criminal activity. The profits from these  
              illegal machines make the minor penalty for conviction  
              merely a cost of doing business for these offenders.   
              There are many repeat offenders who use multiple  
              machines at each location.  Increasingly penalties and  
              fines will better deter people from engaging in this  
              activity and help prevent the victimization of lower  
              income individuals.

          The penalties for repeat offenders in this bill are:

                 A second offense of the above shall be a fine between  
               $1,000 and $10,000 and/or up to six months in the county  
               jail.

                 A third or subsequent offense of the above shall be a  
               fine between $10,000 and $25,000 and/or imprisonment in the  
               county jail for up to one year. 

                 If the offense involved more than one machine or more  
               than one location, an additional fine of $1,000 to $5,000  
               shall be imposed per machine, per location.

          With penalty assessments of approximately 270%, a fine of $1,000  
          is actually $3,700, a fine of $5,000 is actually $18,500, a fine  
          of $10,000 is actually $37,000, and a fine of $25,000 is  
















                                                             AB 1753 (Hall)
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          actually $92,500.<2>  Are these fines appropriate for repeat  
          offenders?


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          <2>  Until the budget year 2002-2003, there was 170% in penalty  
          assessments applied to every fine.  The current penalty  
          assessments are approximately 270%.  (See Penal Code  1464,  
          1465.7, and 1465.8; Government Code  70372, 7600.5, 76000 et  
          seq, and 76104.6.)