S T A T E O F N E W Y O R K
________________________________________________________________________
4631
2015-2016 Regular Sessions
I N A S S E M B L Y
February 5, 2015
___________
Introduced by M. of A. CLARK, ORTIZ -- Multi-Sponsored by -- M. of A.
CROUCH, FINCH, McDONOUGH -- read once and referred to the Committee on
Codes
AN ACT to amend the penal law, in relation to possession of gambling
devices and promoting certain gambling activities
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, as amended by section 4 of
part B of chapter 383 of the laws of 2001, subdivision c as added by
chapter 498 of the laws of 2003, subdivision d as added by chapter 321
of the laws of 2010 and subdivision e as amended by chapter 47 of the
laws of 2013, is amended to read as follows:
S 225.30 Possession of a gambling device IN THE SECOND DEGREE.
a. A person is guilty of possession of a gambling device IN THE SECOND
DEGREE when, with knowledge of the character thereof, he or she manufac-
tures, sells, transports, places or possesses, or conducts or negotiates
any transaction affecting or designed to affect ownership, custody or
use of:
1. A slot machine, unless such possession is permitted pursuant to
article nine-A of the general municipal law; or
2. Any other gambling device, believing that the same is to be used in
the advancement of unlawful gambling activity; or
3. A coin operated gambling device with intent to use such device in
the advancement of unlawful gambling activity.
b. Possession of a slot machine shall not be unlawful where such
possession and use is pursuant to a gaming compact, duly executed by the
governor and an Indian tribe or Nation, under the Indian Gaming Regula-
tory Act, as codified at 25 U.S.C. SSSS 2701-2721 and 18 U.S.C. SSSS
1166-1168, where the use of such slot machine or machines is consistent
with such gaming compact and where the state receives a negotiated
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08590-01-5
A. 4631 2
percentage of the net drop (defined as gross money wagered after payout,
but before expenses) from any such slot machine or machines.
c. Transportation and possession of a slot machine shall not be unlaw-
ful where such transportation and possession is necessary to facilitate
the training of persons in the repair and reconditioning of such
machines as are used or are to be used for operations in those casinos
authorized pursuant to a tribal-state compact as provided for pursuant
to section eleven hundred seventy-two of title fifteen of the United
States Code in the state of New York.
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.
e. Transportation and possession of a gambling device shall not be
unlawful where (i) the manufacturer or distributor of the gambling
device has filed a statement with the state gaming commission required
by subdivision twenty-one of section one hundred four of the racing,
pari-mutuel wagering and breeding law, (ii) such gambling device was
transported into this state in a sealed container and possessed for the
purpose of exhibition or marketing in accordance with such statement,
and (iii) such device is thereafter transported in a sealed container to
a jurisdiction outside of this state for purposes that are lawful in
such outside jurisdiction.
Possession of a gambling device IN THE SECOND DEGREE is a class A
misdemeanor.
S 2. The penal law is amended by adding a new section 225.31 to read
as follows:
S 225.31 POSSESSION OF A GAMBLING DEVICE IN THE FIRST DEGREE.
A. A PERSON IS GUILTY OF POSSESSION OF A GAMBLING DEVICE IN THE FIRST
DEGREE WHEN, WITH KNOWLEDGE OF THE CHARACTER THEREOF, HE OR SHE MANUFAC-
TURES, SELLS, TRANSPORTS, PLACES OR POSSESSES, OR CONDUCTS OR NEGOTIATES
ANY TRANSACTION AFFECTING OR DESIGNED TO AFFECT OWNERSHIP, CUSTODY OR
USE OF FIVE OR MORE OF ANY OF THE FOLLOWING DEVICES:
1. A SLOT MACHINE, UNLESS SUCH POSSESSION IS PERMITTED PURSUANT TO
ARTICLE NINE-A OF THE GENERAL MUNICIPAL LAW; OR
2. ANY OTHER GAMBLING DEVICE, BELIEVING THAT THE SAME IS TO BE USED IN
THE ADVANCEMENT OF UNLAWFUL GAMBLING ACTIVITY; OR
3. A COIN OPERATED GAMBLING DEVICE WITH INTENT TO USE SUCH DEVICE IN
THE ADVANCEMENT OF UNLAWFUL GAMBLING ACTIVITY.
B. POSSESSION OF A SLOT MACHINE SHALL NOT BE UNLAWFUL WHERE SUCH
POSSESSION AND USE IS PURSUANT TO A GAMING COMPACT, DULY EXECUTED BY THE
GOVERNOR AND AN INDIAN TRIBE OR NATION, UNDER THE INDIAN GAMING REGULA-
TORY ACT, AS CODIFIED AT 25 U.S.C. SSSS 2701-2721 AND 18 U.S.C. SSSS
1166-1168, WHERE THE USE OF SUCH SLOT MACHINE OR MACHINES IS CONSISTENT
WITH SUCH GAMING COMPACT AND WHERE THE STATE RECEIVES A NEGOTIATED
PERCENTAGE OF THE NET DROP (DEFINED AS GROSS MONEY WAGERED AFTER PAYOUT,
BUT BEFORE EXPENSES) FROM ANY SUCH SLOT MACHINE OR MACHINES.
C. TRANSPORTATION AND POSSESSION OF A SLOT MACHINE SHALL NOT BE UNLAW-
FUL WHERE SUCH TRANSPORTATION AND POSSESSION IS NECESSARY TO FACILITATE
THE TRAINING OF PERSONS IN THE REPAIR AND RECONDITIONING OF SUCH
MACHINES AS ARE USED OR ARE TO BE USED FOR OPERATIONS IN THOSE CASINOS
AUTHORIZED PURSUANT TO A TRIBAL-STATE COMPACT AS PROVIDED FOR PURSUANT
A. 4631 3
TO SECTION ELEVEN HUNDRED SEVENTY-TWO OF TITLE FIFTEEN OF THE UNITED
STATES CODE IN THE STATE OF NEW YORK.
POSSESSION OF A GAMBLING DEVICE IN THE FIRST DEGREE IS A CLASS E FELO-
NY.
S 3. Subdivision 1 of section 225.32 of the penal law, as amended by
chapter 321 of the laws of 2010, is amended to read as follows:
1. In any prosecution for possession of a gambling device specified in
subdivision [one] A of section 225.30 OR IN SUBDIVISION A OF SECTION
225.31 of this article, it is an affirmative defense that: (a) the slot
machine possessed by the defendant 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 nine-
teen hundred forty-one shall be conclusive proof that such a machine is
an antique; (b) the slot machine possessed by the defendant was manufac-
tured or assembled by the defendant 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 operation or promotion of unlawful gambling
activity or enterprise, is more than thirty years old, and such
possession takes place in the defendant's home.
S 4. Section 225.10 of the penal law is amended to read as follows:
S 225.10 Promoting gambling in the first degree.
A person is guilty of promoting gambling in the first degree when he
OR SHE knowingly advances or profits from unlawful gambling activity by:
1. Engaging in bookmaking to the extent that he OR SHE receives or
accepts in any one day more than five bets totaling more than five thou-
sand dollars; or
2. Receiving, in connection with a lottery or policy scheme or enter-
prise, (a) money or written records from a person other than a player
whose chances or plays are represented by such money or records, or (b)
more than five hundred dollars in any one day of money played in such
scheme or enterprise; OR
3. RECEIVING FROM ANY UNLAWFUL GAMBLING ACTIVITIES, OTHER THAN THOSE
DESCRIBED IN SUBDIVISION ONE OR TWO OF THIS SECTION, MORE THAN FIVE
THOUSAND DOLLARS IN ANY ONE DAY.
Promoting gambling in the first degree is a class E felony.
S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.