Assembly Bill A3762

Signed By Governor
2009-2010 Legislative Session

Relates to the transportation and possession of a slot machine under certain circumstances

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Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A3762 (ACTIVE) - Details

See Senate Version of this Bill:
S3475
Law Section:
Penal Law
Laws Affected:
Amd §§225.30 & 225.32, Pen L

2009-A3762 (ACTIVE) - Summary

Permits the transportation and possession of a slot machine for the purpose of product development, research, or additional manufacture or assembly.

2009-A3762 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3762

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced  by  M.  of A. ZEBROWSKI, LENTOL -- read once and referred to
  the Committee on Codes

AN ACT to amend the penal law, in relation to the possession of gambling
  devices

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 225.30 of the penal law is amended by adding a new
subdivision d to read as follows:
  D. TRANSPORTATION AND POSSESSION OF A SLOT MACHINE SHALL NOT BE UNLAW-
FUL WHERE SUCH SLOT MACHINE WAS TRANSPORTED INTO THIS STATE IN A  SEALED
CONTAINER   AND  POSSESSED  FOR  THE  PURPOSE  OF  PRODUCT  DEVELOPMENT,
RESEARCH, OR ADDITIONAL MANUFACTURE OR ASSEMBLY, AND SUCH  SLOT  MACHINE
WILL  BE OR HAS BEEN TRANSPORTED IN A SEALED CONTAINER TO A JURISDICTION
OUTSIDE OF THIS STATE FOR PURPOSES WHICH  ARE  LAWFUL  IN  SUCH  OUTSIDE
JURISDICTION.
  S  2.  Subdivision 1 of section 225.32 of the penal law, as amended by
chapter 346 of the laws of 1998, is amended to read as follows:
  1. In any prosecution for possession of a gambling device specified in
subdivision one of section 225.30 of this [chapter] ARTICLE,  it  is  an
affirmative  defense that: (a) the slot machine possessed by the defend-
ant was neither used nor  intended  to  be  used  in  the  operation  or
promotion of unlawful gambling activity or enterprise and that such slot
machine  is  an  antique; for purposes of this section proof that a slot
machine was manufactured prior to nineteen hundred  forty-one  shall  be
conclusive proof that such a machine is an antique; (b) the slot machine
possessed  by the defendant was manufactured or assembled by the defend-
ant for the sole purpose of transporting such slot machine in  a  sealed
container  to  a  jurisdiction outside this state for purposes which are
lawful in such outside jurisdiction; OR (c) the slot  machine  possessed
by  the defendant was neither used nor intended to be used in the opera-
tion or promotion of unlawful gambling activity or enterprise,  is  more

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01895-01-9

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