BILL ANALYSIS
AB 1753
Page 1
ASSEMBLY THIRD READING
AB 1753 (Hall)
As Amended April 14, 2010
Majority vote
GOVERNMENTAL ORGANIZATION 21-0 APPROPRIATIONS 15-0
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|Ayes:|Coto, Anderson, |Ayes:|Fuentes, Conway, Ammiano, |
| |Blakeslee, Chesbro, Cook, | |Bradford, Coto, Davis, |
| |Bradford, Evans, | |Hill, Hall, Harkey, |
| |Galgiani, Hall, | |Miller Nielsen, Skinner, |
| |Hernandez, Hill, | |Solorio, Torlakson, |
| |Charles Calderon, Ma, | |Torrico |
| |Mendoza, Nestande, V. | | |
| |Manuel Perez, Portantino, | | |
| |Silva, Torres, Torrico, | | |
| |Tran | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Increases the misdemeanor penalties on non-casino
businesses who possess and uses a "slot machine or device," as
specified. Specifically, this bill :
1)Increases the misdemeanor penalties to provide that a first
offense 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 six months, or by both that fine and imprisonment.
2)Increases the misdemeanor penalties to provide that a second
offense would be punishable by a fine of not less than $1,000
nor more than $10,000, or by imprisonment in a county jail not
exceeding six months, or by both that fine and imprisonment.
3)Increases the misdemeanor penalties to provide that a third or
subsequent offense would be punishable by a fine of not less
than $10,000 nor more than $25,000, or by imprisonment in a
county jail not exceeding one year, or by both that fine and
imprisonment.
4)Provides if the offense involves more than one machine or more
than one location, an additional fine of not less than $1,000
nor more than $5,000 would be imposed per machine and per
AB 1753
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location.
5)Makes relating technical changes.
EXISTING FEDERAL LAW defines a "gambling machine" (15 U.S.C.
Sec. 1171 (a) (1)) as:
1)Any so-called "slot machine" or any other machine or
mechanical device an essential part of which is a drum or reel
with insignia thereon, and which when operated may deliver, as
the result of the application of an element of chance, any
money or property; or, by the operation of which a person may
become entitled to receive, as the result of the application
of an element of chance, any money or property.
2)Any other machine or mechanical device (including, but not
limited to, roulette wheels and similar devices) designed and
manufactured primarily for use in connection with gambling,
and which when operated may deliver, as the result of the
application of an element of chance, any money or property;
or, by the operation of which a person may become entitled to
receive, as the result of the application of an element of
chance, any money or property.
3)Any subassembly or essential part intended to be used in
connection with any such machine or mechanical device, but
which is not attached to any such machine or mechanical device
as a constituent part.
EXISTING STATE LAW :
1)Prohibits the possession and use of a "slot machine or device"
as defined under California Penal Code Sections 330a, 330b,
and 330.1.
2)Prohibits certain activities and transactions pertaining to
"slot machines or devices" as long as they 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 federal Indian Gaming
Regulatory Act (18 U.S.C. Sec. 1166 to 1168, inclusive, and 25
U.S.C. Sec. 2701 et seq.).
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3)Provides varying definitions of "slot machine or device."
4)Stipulates that individuals who violate provisions of existing
state law is guilty of a misdemeanor and punishable by a fine
not less than $100 nor more than $1,000, or by imprisonment in
the county jail not exceeding six months, or by both such fine
and imprisonment.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs to local governments are considered negligible
and non-reimbursable with an offset to some extent by additional
fine revenues.
COMMENTS : This bill revises the fines for the possession of
unlicensed slot machines or similar devices. According to the
author, "The revision of these fines will deter the
proliferation of illegal slot machines at non-tribal gaming
facilities and provide law enforcement agencies with an
important tool to reaffirm the appropriate use and location of
slot machines in California."
The sponsor for this bill, the Los Angeles County Sheriff's
Department hopes that increasing the fines will deter the
proliferation of illegal slot machines.
Analysis Prepared by : Rod Brewer / G. O. / (916) 319-2531
FN: 0004328