Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1103

Introduced by Assembly Member Hall

February 22, 2013

An act to amend Section 330.5 of the Penal Code, relating to gaming.

LEGISLATIVE COUNSEL’S DIGEST

AB 1103, as amended, Hall. Gaming: slot machines.

Existing law provides that the manufacture, sale, possession, or control of a slot machine or device, as defined, and other specified activities relating to slot machines or devices, as defined, is a misdemeanor. Existing law excludes music machines, weighing machines, and vending machines, as specified, from these provisions, and excludes pin ball and other amusement machines or devices from the definition of a slot machine or device.

This bill would begin delete make technical, nonsubstantive changes to those provisions. end delete begin insert provide that only amusement machines or devices that do not offer money, or any item that can be redeemed for money, as a prize end insert begin insert are end insert begin insert excluded from the definition of a slot machine or device. end insert

begin insert

By expanding the scope of a crime, this bill would impose a state-mandated local program.

end insert begin insert

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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 330.5 of the Penal Code is amended to
read:

330.5.  

begin insert The following are not slot machines or devices as defined
by end insert Sections 330.1 to 330.4, begin delete inclusive, shall not apply to music end delete
begin insert inclusive: end insert

begin insert (a) end insert begin insert   end insert begin insert Music end insert machines, weighing machines, and machines that
vend cigarettes, candy, ice cream, food, confections, or other
merchandise, in which there is deposited an exact consideration
and from which in every case the customer obtains that which he
or she begin delete purchases; and pin end delete begin insert purchases. end insert

begin insert (b) end insert begin insert   end insert begin insert Pin end insert ball and other amusement machines or devices that are
predominantly games of skill, whether affording the opportunity
of additional chances or free plays or not, begin delete are not intended to be
and are not included within the term slot machine or device as
defined within Sections 330.1 to 330.4, inclusive. end delete begin insert if the machine
or device does not offer as a prize money or any item that can be
redeemed for money. end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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.

end insert