S T A T E O F N E W Y O R K
________________________________________________________________________
7453
2023-2024 Regular Sessions
I N S E N A T E
May 26, 2023
___________
Introduced by Sen. ADDABBO -- (at request of the New York State Gaming
Commission) -- read twice and ordered printed, and when printed to be
committed to the Committee on Racing, Gaming and Wagering
AN ACT to amend the penal law, in relation to including video lottery
gaming in certain gambling offenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 13, 22 and 27 of section 225.00 of the penal
law, as added by chapter 174 of the laws of 2013, are amended to read as
follows:
13. "Authorized gaming establishment" means any structure, structure
and adjacent or attached structure, or grounds adjacent to a structure
in which casino gaming, conducted pursuant to article thirteen of the
racing, pari-mutuel wagering and breeding law, [or] Class III gaming, as
authorized pursuant to a compact reached between the state of New York
and a federally recognized Indian nation or tribe under the federal
Indian Gaming Regulatory Act of 1988, OR VIDEO LOTTERY GAMING is
conducted and shall include all public and non-public areas of any such
building, except for such areas of a building where either Class I or II
gaming are conducted or any building or grounds [known as] OTHER THAN
THE GAMING FLOOR OR GAMING OPERATIONS AT a video gaming entertainment
facility, including facilities where food and drink are served, as well
as those areas not normally open to the public, such as where records
related to video lottery gaming operations are kept, except shall not
include the racetracks or such areas where such video lottery gaming
operations or facilities do not take place or exist, such as racetrack
areas or fairgrounds [which] THAT are wholly unrelated to video lottery
gaming operations, pursuant to section sixteen hundred seventeen-a [and
paragraph five of subdivision a of section sixteen hundred twelve] of
the tax law, as amended and implemented.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06418-01-3
S. 7453 2
22. "Gaming regulatory authority" means, with respect to any author-
ized gaming establishment on Indian lands, territory or reservation, the
Indian nation or tribal gaming commission, its authorized officers,
agents and representatives acting in their official capacities or such
other agency of a nation or tribe as the nation or tribe may designate
as the agency responsible for the regulation of Class III gaming, joint-
ly with the state gaming agency, conducted pursuant to a gaming compact
between the nation or tribe and the state of New York, or with respect
to any casino gaming authorized pursuant to article thirteen of the
racing, pari-mutuel wagering and breeding law or video lottery gaming
conducted pursuant to section sixteen hundred seventeen-a [and paragraph
five of subdivision a of section sixteen hundred twelve] of the tax law,
as amended and implemented.
27. "Unlawful gaming property" means:
(a) any device, not prescribed for use in [casinio] CASINO gaming OR
VIDEO LOTTERY GAMING by its rules, [which] THAT is capable of assisting
a player:
(i) to calculate any probabilities material to the outcome of a
contest of chance; or
(ii) to receive or transmit information material to the outcome of a
contest of chance; or
(b) any object or article [which] THAT, by virtue of its size, shape
or any other quality, is capable of being used in casino gaming OR VIDEO
LOTTERY GAMING as an improper substitute for a genuine chip, cheque,
token, betting coupon, debit instrument, voucher or other instrument or
indicia of value; or
(c) any unfair gaming equipment.
§ 2. Section 225.55 of the penal law, as added by chapter 174 of the
laws of 2013, is amended to read as follows:
§ 225.55 Gaming fraud in the second degree.
A person is guilty of gaming fraud in the second degree when he or
she:
1. with intent to defraud and in violation of the rules of the casino
gaming OR VIDEO LOTTERY GAMING, misrepresents, changes the amount bet or
wagered on, or the outcome or possible outcome of the contest or event
[which] THAT is the subject of the bet or wager, or the amount or
frequency of payment in the casino gaming OR VIDEO LOTTERY GAMING; or
2. with intent to defraud, obtains anything of value from casino
gaming OR VIDEO LOTTERY GAMING without having won such amount by a bet
or wager contingent thereon.
Gaming fraud in the second degree is a class A misdemeanor.
§ 3. Section 225.65 of the penal law, as added by chapter 174 of the
laws of 2013, is amended to read as follows
§ 225.65 Use of counterfeit, unapproved or unlawful wagering instru-
ments.
A person is guilty of use of counterfeit, unapproved or unlawful
wagering instruments when in playing or using any casino gaming OR VIDEO
LOTTERY GAMING designed to be played with, received or be operated by
chips, cheques, tokens, vouchers or other wagering instruments approved
by the appropriate gaming regulatory authority, he or she knowingly uses
chips, cheques, tokens, vouchers or other wagering instruments other
than those approved by the appropriate gaming regulating authority and
the state gaming agency or lawful coin or legal tender of the United
States of America.
S. 7453 3
Possession of more than one counterfeit, unapproved or unlawful wager-
ing instrument described in this section is presumptive evidence of
possession thereof with knowledge of its character or contents.
Use of counterfeit, unapproved or unlawful wagering instruments is a
class A misdemeanor.
§ 4. Section 225.70 of the penal law, as added by chapter 174 of the
laws of 2013, is amended to read as follows:
§ 225.70 Possession of unlawful gaming property in the third degree.
A person is guilty of possession of unlawful gaming property in the
third degree when he or she possesses, with intent to use such property
to commit gaming fraud, unlawful gaming property at a premises being
used for casino gaming OR VIDEO LOTTERY GAMING.
Possession of unlawful gaming property in the third degree is a class
A misdemeanor.
§ 5. Section 225.75 of the penal law, as added by chapter 174 of the
laws of 2013, is amended to read as follows:
§ 225.75 Possession of unlawful gaming property in the second degree.
A person is guilty of possession of unlawful gaming property in the
second degree when:
1. [He] HE or she makes, sells, or possesses with intent to sell, any
unlawful gaming property at a casino gaming facility OR VIDEO LOTTERY
GAMING FACILITY, the value of which exceeds three hundred dollars, with
intent that [it] SUCH PROPERTY be made available to a person for unlaw-
ful use; or
2. [He] HE or she commits possession of unlawful gaming property in
the third degree as defined in section 225.70 of this article, and the
face value of the improper substitute property exceeds five hundred
dollars; or
3. [He] HE or she commits the offense of possession of unlawful gaming
property in the third degree and has been previously convicted within
the preceding five years of any offense of which an essential element is
possession of unlawful gaming property.
Possession of unlawful gaming property in the second degree is a class
E felony.
§ 6. Section 225.85 of the penal law, as added by chapter 174 of the
laws of 2013, is amended to read as follows:
§ 225.85 Use of unlawful gaming property.
A person is guilty of use of unlawful gaming property when he or she
knowingly with intent to defraud uses unlawful gaming property at a
premises being used for casino gaming OR VIDEO LOTTERY GAMING.
Use of unlawful gaming property is a class E felony.
§ 7. The closing paragraph of section 225.90 of the penal law, as
added by chapter 174 of the laws of 2013, is amended to read as follows:
Manipulation of gaming outcomes at an authorized gaming establishment
is a class A misdemeanor provided, however, that if the person has
previously been convicted of this crime within the past five years this
[crim] CRIME shall be a class E felony.
§ 8. This act shall take effect immediately.
