S T A T E O F N E W Y O R K
________________________________________________________________________
7482--C
Cal. No. 551
2025-2026 Regular Sessions
I N S E N A T E
April 17, 2025
___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Racing, Gaming and Wager-
ing -- recommitted to the Committee on Racing, Gaming and Wagering in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- reported favorably from
said committee, ordered to first and second report, ordered to a third
reading, amended and ordered reprinted, retaining its place in the
order of third reading
AN ACT to amend the racing, pari-mutuel wagering and breeding law, in
relation to designating an individual who has been convicted of
certain crimes against athletes, coaches, officials, or participants
in sports events or horse races, or of certain offenses involving
sports contests, horse races, or wagering thereon, as a prohibited
sports bettor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraphs (ix) and (x) of paragraph (r) of subdivision
1 of section 1367 of the racing, pari-mutuel wagering and breeding law,
as amended by section 3 of part Y of chapter 59 of the laws of 2021, are
amended and a new subparagraph (xi) is added to read as follows:
(ix) any individual placing a wager as an agent or proxy for another
person known to be a prohibited sports bettor; [or]
(x) any minor[.]; OR
(XI) ANY INDIVIDUAL WHO, ON OR AFTER THE EFFECTIVE DATE OF THIS
SUBPARAGRAPH, HAS (A) BEEN CONVICTED, IN THIS STATE, OF AN OFFENSE
DEFINED IN SECTION 120.00, 120.03, 120.04, 120.04-A, 120.05, 120.06,
120.07, 120.10, 120.13, 120.14, 120.15, 120.20, 120.25, 120.45, 120.50,
120.55, 120.60, 121.11, 121.12, 121.13, 125.10, 125.12, 125.13, 125.14,
125.15, 125.20, 125.25, 125.27, 135.05, 135.10, 135.20, 135.25, 135.60,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11372-14-6
S. 7482--C 2
135.61, 135.65, 140.10, 140.15, 140.17, 140.20, 140.25, 140.30, 145.00,
145.05, 145.10, 145.12, 150.01, 150.05, 150.10, 150.15, 150.20, 155.35,
155.42, 160.05, 160.10, 160.15, 180.40, 180.45, 180.50, 180.51, 180.52,
180.53, 215.15, 215.16, 215.17, 240.25, 240.30, 240.31, 240.50, 240.55,
240.60, 240.61, 240.62, 240.63, 240.78, 240.79, 265.01-E, 485.05, OR
490.20 OF THE PENAL LAW, OR OF SUBDIVISION SIX OF SECTION 155.30 OR
SUBDIVISION TWO OF SECTION 155.40 OF THE PENAL LAW, OR A SUBSTANTIALLY
SIMILAR OFFENSE IN ANOTHER JURISDICTION, WHERE (1) THE COMPLAINANT OR
VICTIM IS AN AMATEUR OR PROFESSIONAL ATHLETE, COACH, OFFICIAL OR OTHER
PARTICIPANT IN A SPORTS EVENT, OR A JOCKEY, DRIVER, TRAINER, OWNER,
OFFICIAL OR OTHER PARTICIPANT IN A HORSE RACE, OR (2) THE OFFENSE IS
DEFINED IN SECTION 180.40, 180.45, 180.50, 180.51, 180.52, OR 180.53 OF
THE PENAL LAW OR IS A SUBSTANTIALLY SIMILAR OFFENSE IN ANOTHER JURISDIC-
TION AND INVOLVES CORRUPTION OF, TAMPERING WITH, OR IMPAIRMENT OF THE
INTEGRITY OF A SPORTS CONTEST, PARI-MUTUEL HORSE RACE, PARI-MUTUEL
BETTING SYSTEM, HORSE RACE, OR WAGERING ON A HORSE RACE, AND, IN EITHER
CASE, THE CONDUCT UNDERLYING SUCH OFFENSE AROSE FROM OR RELATED TO A
SPORTS WAGER, PARI-MUTUEL BETTING, A WAGER ON A HORSE RACE, SUCH SPORT-
ING EVENT, SUCH SPORTS CONTEST, SUCH PARI-MUTUEL HORSE RACE, SUCH PARI-
MUTUEL BETTING SYSTEM, OR SUCH HORSE RACE; (B) BEEN FOUND, IN A FINAL
ORDER OF PROTECTION OR EQUIVALENT FINAL CIVIL PROTECTION ORDER ISSUED BY
A COURT OF COMPETENT JURISDICTION, TO HAVE COMMITTED CONDUCT THAT WOULD
CONSTITUTE AN OFFENSE DEFINED IN THE SECTIONS ENUMERATED IN CLAUSE (A)
OF THIS SUBPARAGRAPH IF PROSECUTED IN THIS STATE, WHERE THE PROTECTED
PARTY IS SUCH AN ATHLETE, COACH, OFFICIAL OR PARTICIPANT IN A SPORTS
EVENT, OR A JOCKEY, DRIVER, TRAINER, OWNER, OFFICIAL OR OTHER PARTIC-
IPANT IN A HORSE RACE, AND THE CONDUCT AROSE FROM OR RELATED TO A SPORTS
WAGER, PARI-MUTUEL BETTING, A WAGER ON A HORSE RACE, OR SUCH SPORTING
EVENT, OR SUCH HORSE RACE; OR (C) BEEN CONVICTED, IN THIS STATE OF
DISORDERLY CONDUCT (SECTION 240.20 OF THE PENAL LAW), HARASSMENT IN THE
SECOND DEGREE (SECTION 240.26 OF THE PENAL LAW), OR A SUBSTANTIALLY
SIMILAR OFFENSE IN ANOTHER JURISDICTION, OR BEEN FOUND, IN A FINAL ORDER
OF PROTECTION OR EQUIVALENT FINAL CIVIL PROTECTION ORDER ISSUED BY A
COURT OF COMPETENT JURISDICTION, TO HAVE COMMITTED CONDUCT THAT WOULD
CONSTITUTE DISORDERLY CONDUCT (SECTION 240.20 OF THE PENAL LAW), HARASS-
MENT IN THE SECOND DEGREE (SECTION 240.26 OF THE PENAL LAW), OR A
SUBSTANTIALLY SIMILAR OFFENSE IN ANOTHER JURISDICTION, WHERE THE
COMPLAINANT, VICTIM OR PROTECTED PARTY IS SUCH AN ATHLETE, COACH, OFFI-
CIAL OR PARTICIPANT IN A SPORTS EVENT, OR A JOCKEY, DRIVER, TRAINER,
OWNER, OFFICIAL OR OTHER PARTICIPANT IN A HORSE RACE, THE CONDUCT UNDER-
LYING SUCH OFFENSE AROSE FROM OR RELATED TO A SPORTS WAGER, PARI-MUTUEL
BETTING, A WAGER ON A HORSE RACE, SUCH SPORTING EVENT OR SUCH HORSE
RACE, AND THE COMMISSION, IN ACCORDANCE WITH REGULATIONS PROMULGATED
PURSUANT TO SUBDIVISION SEVENTEEN OF THIS SECTION, DETERMINES THAT SUCH
DESIGNATION IS WARRANTED. THE DURATION OF ANY DESIGNATION AS A PROHIBIT-
ED SPORTS BETTOR PURSUANT TO THIS SUBPARAGRAPH SHALL BE DETERMINED IN
ACCORDANCE WITH THE SCHEDULE ESTABLISHED BY THE COMMISSION PURSUANT TO
SUBDIVISION SEVENTEEN OF THIS SECTION, AND SHALL BE CALCULATED FROM THE
DATE OF FINAL CONVICTION OR ISSUANCE OF THE FINAL ORDER OF PROTECTION.
SUCH DESIGNATION SHALL BE IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER
CRIMINAL, CIVIL, ADMINISTRATIVE, LICENSING, OR REGULATORY CONSEQUENCE
OTHERWISE AUTHORIZED BY LAW. THE COMMISSION SHALL PROVIDE NOTICE TO AN
INDIVIDUAL OF SUCH INDIVIDUAL'S DESIGNATION AS A PROHIBITED SPORTS
BETTOR PURSUANT TO THIS SUBPARAGRAPH, PROVIDED FURTHER, AN INDIVIDUAL
MAY SUBMIT A WRITTEN APPEAL TO THE COMMISSION FOR THE LIMITED PURPOSES
OF CHALLENGING THE ACCURACY OF THE IDENTIFYING INFORMATION USED BY THE
S. 7482--C 3
COMMISSION, DEMONSTRATING THAT THE CONVICTION OR ORDER OF PROTECTION
RELIED UPON HAS BEEN VACATED, REVERSED OR OTHERWISE SET ASIDE, DEMON-
STRATING THAT THE PROHIBITION PERIOD ESTABLISHED BY THE COMMISSION'S
SCHEDULE HAS EXPIRED, OR ESTABLISHING THAT THE UNDERLYING OFFENSE DID
NOT ARISE FROM OR RELATE TO A SPORTS WAGER, PARI-MUTUEL BETTING, A WAGER
ON A HORSE RACE, OR SPORTING EVENT, SPORTS CONTEST, PARI-MUTUEL HORSE
RACE, PARI-MUTUEL BETTING SYSTEM, OR HORSE RACE AS REQUIRED BY THIS
SUBPARAGRAPH, OR, WITH RESPECT TO A DESIGNATION PURSUANT TO THIS CLAUSE,
ESTABLISHING THAT THE COMMISSION FAILED TO APPLY THE REGULATIONS PROMUL-
GATED PURSUANT TO SUBDIVISION SEVENTEEN OF THIS SECTION, IN A FORM AND
MANNER PRESCRIBED BY THE COMMISSION. NOTHING IN THIS SUBPARAGRAPH SHALL
BE CONSTRUED TO AUTHORIZE THE COMMISSION TO DESIGNATE AN INDIVIDUAL AS A
PROHIBITED SPORTS BETTOR BASED SOLELY ON EXPRESSION THAT IS PROTECTED BY
THE UNITED STATES OR NEW YORK STATE CONSTITUTION, INCLUDING CRITICISM,
COMMENTARY OR OTHER FAN EXPRESSION THAT DOES NOT CONSTITUTE CONDUCT
DESCRIBED IN THIS SUBPARAGRAPH.
§ 2. Section 1367 of the racing, pari-mutuel wagering and breeding law
is amended by adding two new subdivisions 17 and 18 to read as follows:
17. (A) THE COMMISSION SHALL, BY REGULATION, ESTABLISH A SCHEDULE OF
PROHIBITION PERIODS FOR INDIVIDUALS DESIGNATED AS PROHIBITED SPORTS
BETTORS PURSUANT TO SUBPARAGRAPH (XI) OF PARAGRAPH (R) OF SUBDIVISION
ONE OF THIS SECTION. SUCH SCHEDULE SHALL PROVIDE FIXED PROHIBITION PERI-
ODS BASED ON THE CLASSIFICATION AND SEVERITY OF THE UNDERLYING OFFENSE,
AND SHALL NOT PERMIT INDIVIDUALIZED DETERMINATIONS BY THE COMMISSION ON
A CASE-BY-CASE BASIS, EXCEPT AS OTHERWISE PROVIDED FOR OFFENSES
DESCRIBED IN CLAUSE (C) OF SUBPARAGRAPH (XI) OF PARAGRAPH (R) OF SUBDI-
VISION ONE OF THIS SECTION. THE SCHEDULE SHALL INCLUDE THE FOLLOWING
TIERS:
(I) TIER I OFFENSES (CLASS B MISDEMEANORS AND QUALIFYING VIOLATIONS):
A PROHIBITION PERIOD OF NOT LESS THAN ONE YEAR AND NOT MORE THAN THREE
YEARS FROM THE DATE OF CONVICTION OR FINAL ORDER OF PROTECTION. TIER I
OFFENSES SHALL INCLUDE MENACING IN THE THIRD DEGREE (SECTION 120.15 OF
THE PENAL LAW), STALKING IN THE FOURTH DEGREE (SECTION 120.45 OF THE
PENAL LAW), HARASSMENT IN THE FIRST DEGREE (SECTION 240.25 OF THE PENAL
LAW), CRIMINAL TRESPASS IN THE THIRD DEGREE (SECTION 140.10 OF THE PENAL
LAW), MAKING A THREAT OF MASS HARM (SECTION 240.78 OF THE PENAL LAW),
AND, WHERE THE COMMISSION DETERMINES PURSUANT TO REGULATIONS THAT DESIG-
NATION IS WARRANTED UNDER CLAUSE (C) OF SUBPARAGRAPH (XI) OF PARAGRAPH
(R) OF SUBDIVISION ONE OF THIS SECTION, DISORDERLY CONDUCT (SECTION
240.20 OF THE PENAL LAW), HARASSMENT IN THE SECOND DEGREE (SECTION
240.26 OF THE PENAL LAW) AND SUBSTANTIALLY SIMILAR OFFENSES IN OTHER
JURISDICTIONS.
(II) TIER II OFFENSES (SPECIFIED CLASS A MISDEMEANORS): A PROHIBITION
PERIOD OF NOT LESS THAN THREE YEARS AND NOT MORE THAN FIVE YEARS FROM
THE DATE OF CONVICTION OR FINAL ORDER OF PROTECTION. TIER II OFFENSES
SHALL INCLUDE MENACING IN THE SECOND DEGREE (SECTION 120.14 OF THE PENAL
LAW), RECKLESS ENDANGERMENT IN THE SECOND DEGREE (SECTION 120.20 OF THE
PENAL LAW), STALKING IN THE THIRD DEGREE (SECTION 120.50 OF THE PENAL
LAW), UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE (SECTION 135.05 OF THE
PENAL LAW), AGGRAVATED HARASSMENT IN THE SECOND DEGREE (SECTION 240.30
OF THE PENAL LAW), CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCU-
LATION (SECTION 121.11 OF THE PENAL LAW), CRIMINAL TRESPASS IN THE
SECOND DEGREE (SECTION 140.15 OF THE PENAL LAW), ARSON IN THE FIFTH
DEGREE (SECTION 150.01 OF THE PENAL LAW), FALSELY REPORTING AN INCIDENT
IN THE THIRD DEGREE (SECTION 240.50 OF THE PENAL LAW), AGGRAVATED THREAT
S. 7482--C 4
OF MASS HARM (SECTION 240.79 OF THE PENAL LAW), AND SUBSTANTIALLY SIMI-
LAR OFFENSES IN OTHER JURISDICTIONS.
(III) TIER III OFFENSES (FELONIES AND SPECIFIED CLASS A MISDEMEANORS):
A PROHIBITION PERIOD OF NOT LESS THAN FIVE YEARS AND NOT MORE THAN TEN
YEARS FROM THE DATE OF CONVICTION OR FINAL ORDER OF PROTECTION. TIER III
OFFENSES SHALL INCLUDE MENACING IN THE FIRST DEGREE (SECTION 120.13 OF
THE PENAL LAW), STALKING IN THE SECOND DEGREE (SECTION 120.55 OF THE
PENAL LAW), STALKING IN THE FIRST DEGREE (SECTION 120.60 OF THE PENAL
LAW), RECKLESS ENDANGERMENT IN THE FIRST DEGREE (SECTION 120.25 OF THE
PENAL LAW), AGGRAVATED HARASSMENT IN THE FIRST DEGREE (SECTION 240.31 OF
THE PENAL LAW), ASSAULT IN THE THIRD DEGREE (SECTION 120.00 OF THE PENAL
LAW), VEHICULAR ASSAULT IN THE SECOND DEGREE (SECTION 120.03 OF THE
PENAL LAW), VEHICULAR ASSAULT IN THE FIRST DEGREE (SECTION 120.04 OF THE
PENAL LAW), AGGRAVATED VEHICULAR ASSAULT (SECTION 120.04-A OF THE PENAL
LAW), ASSAULT IN THE SECOND DEGREE (SECTION 120.05 OF THE PENAL LAW),
GANG ASSAULT IN THE SECOND DEGREE (SECTION 120.06 OF THE PENAL LAW),
GANG ASSAULT IN THE FIRST DEGREE (SECTION 120.07 OF THE PENAL LAW),
ASSAULT IN THE FIRST DEGREE (SECTION 120.10 OF THE PENAL LAW), STRANGU-
LATION IN THE SECOND DEGREE (SECTION 121.12 OF THE PENAL LAW), STRANGU-
LATION IN THE FIRST DEGREE (SECTION 121.13 OF THE PENAL LAW), CRIMINALLY
NEGLIGENT HOMICIDE (SECTION 125.10 OF THE PENAL LAW), MURDER IN THE
FIRST DEGREE (SECTION 125.27 OF THE PENAL LAW), VEHICULAR MANSLAUGHTER
IN THE SECOND DEGREE (SECTION 125.12 OF THE PENAL LAW), VEHICULAR
MANSLAUGHTER IN THE FIRST DEGREE (SECTION 125.13 OF THE PENAL LAW),
AGGRAVATED VEHICULAR HOMICIDE (SECTION 125.14 OF THE PENAL LAW),
MANSLAUGHTER IN THE SECOND DEGREE (SECTION 125.15 OF THE PENAL LAW),
MANSLAUGHTER IN THE FIRST DEGREE (SECTION 125.20 OF THE PENAL LAW),
MURDER IN THE SECOND DEGREE (SECTION 125.25 OF THE PENAL LAW), UNLAWFUL
IMPRISONMENT IN THE FIRST DEGREE (SECTION 135.10 OF THE PENAL LAW),
KIDNAPPING IN THE SECOND DEGREE (SECTION 135.20 OF THE PENAL LAW),
KIDNAPPING IN THE FIRST DEGREE (SECTION 135.25 OF THE PENAL LAW), COER-
CION IN THE THIRD DEGREE (SECTION 135.60 OF THE PENAL LAW), COERCION IN
THE SECOND DEGREE (SECTION 135.61 OF THE PENAL LAW), COERCION IN THE
FIRST DEGREE (SECTION 135.65 OF THE PENAL LAW), CRIMINAL TRESPASS IN THE
FIRST DEGREE (SECTION 140.17 OF THE PENAL LAW), BURGLARY IN THE THIRD
DEGREE (SECTION 140.20 OF THE PENAL LAW), BURGLARY IN THE SECOND DEGREE
(SECTION 140.25 OF THE PENAL LAW), BURGLARY IN THE FIRST DEGREE (SECTION
140.30 OF THE PENAL LAW), CRIMINAL MISCHIEF IN THE FOURTH DEGREE
(SECTION 145.00 OF THE PENAL LAW), CRIMINAL MISCHIEF IN THE THIRD DEGREE
(SECTION 145.05 OF THE PENAL LAW), CRIMINAL MISCHIEF IN THE SECOND
DEGREE (SECTION 145.10 OF THE PENAL LAW), CRIMINAL MISCHIEF IN THE FIRST
DEGREE (SECTION 145.12 OF THE PENAL LAW), ARSON IN THE FOURTH DEGREE
(SECTION 150.05 OF THE PENAL LAW), ARSON IN THE THIRD DEGREE (SECTION
150.10 OF THE PENAL LAW), ARSON IN THE SECOND DEGREE (SECTION 150.15 OF
THE PENAL LAW), ARSON IN THE FIRST DEGREE (SECTION 150.20 OF THE PENAL
LAW), GRAND LARCENY IN THE FOURTH DEGREE BY EXTORTION (SUBDIVISION SIX
OF SECTION 155.30 OF THE PENAL LAW), GRAND LARCENY IN THE SECOND DEGREE
BY EXTORTION (SUBDIVISION TWO OF SECTION 155.40 OF THE PENAL LAW), GRAND
LARCENY IN THE THIRD DEGREE (SECTION 155.35 OF THE PENAL LAW), GRAND
LARCENY IN THE FIRST DEGREE (SECTION 155.42 OF THE PENAL LAW), CRIMINAL
POSSESSION OF A FIREARM, RIFLE, OR SHOTGUN IN A SENSITIVE LOCATION
(SECTION 265.01-E OF THE PENAL LAW), ROBBERY IN THE THIRD DEGREE
(SECTION 160.05 OF THE PENAL LAW), ROBBERY IN THE SECOND DEGREE (SECTION
160.10 OF THE PENAL LAW), ROBBERY IN THE FIRST DEGREE (SECTION 160.15 OF
THE PENAL LAW), SPORTS BRIBING (SECTION 180.40 OF THE PENAL LAW), SPORTS
BRIBE RECEIVING (SECTION 180.45 OF THE PENAL LAW), TAMPERING WITH A
S. 7482--C 5
SPORTS CONTEST IN THE SECOND DEGREE (SECTION 180.50 OF THE PENAL LAW),
TAMPERING WITH A SPORTS CONTEST IN THE FIRST DEGREE (SECTION 180.51 OF
THE PENAL LAW), IMPAIRING THE INTEGRITY OF A PARI-MUTUEL BETTING SYSTEM
IN THE SECOND DEGREE (SECTION 180.52 OF THE PENAL LAW), IMPAIRING THE
INTEGRITY OF A PARI-MUTUEL BETTING SYSTEM IN THE FIRST DEGREE (SECTION
180.53 OF THE PENAL LAW), INTIMIDATING A VICTIM OR WITNESS IN THE THIRD
DEGREE (SECTION 215.15 OF THE PENAL LAW), INTIMIDATING A VICTIM OR
WITNESS IN THE SECOND DEGREE (SECTION 215.16 OF THE PENAL LAW), INTIM-
IDATING A VICTIM OR WITNESS IN THE FIRST DEGREE (SECTION 215.17 OF THE
PENAL LAW), FALSELY REPORTING AN INCIDENT IN THE SECOND DEGREE (SECTION
240.55 OF THE PENAL LAW), FALSELY REPORTING AN INCIDENT IN THE FIRST
DEGREE (SECTION 240.60 OF THE PENAL LAW), PLACING A FALSE BOMB OR
HAZARDOUS SUBSTANCE IN THE SECOND DEGREE (SECTION 240.61 OF THE PENAL
LAW), PLACING A FALSE BOMB OR HAZARDOUS SUBSTANCE IN THE FIRST DEGREE
(SECTION 240.62 OF THE PENAL LAW), PLACING A FALSE BOMB OR HAZARDOUS
SUBSTANCE IN A SPORTS STADIUM OR ARENA, MASS TRANSPORTATION FACILITY OR
ENCLOSED SHOPPING MALL (SECTION 240.63 OF THE PENAL LAW), HATE CRIMES
(SECTION 485.05 OF THE PENAL LAW), MAKING A TERRORISTIC THREAT (SECTION
490.20 OF THE PENAL LAW), AND SUBSTANTIALLY SIMILAR OFFENSES IN OTHER
JURISDICTIONS.
(IV) MULTIPLE OR REPEAT OFFENSES: WHERE AN INDIVIDUAL HAS BEEN
CONVICTED OF, OR IS THE SUBJECT OF FINAL ORDERS OF PROTECTION FOR,
MULTIPLE QUALIFYING OFFENSES ARISING FROM SEPARATE INCIDENTS, THE PROHI-
BITION PERIODS SHALL RUN CONSECUTIVELY. WHERE AN INDIVIDUAL COMMITS A
SUBSEQUENT QUALIFYING OFFENSE WHILE UNDER AN EXISTING PROHIBITION, THE
COMMISSION SHALL IMPOSE THE MAXIMUM PROHIBITION PERIOD FOR THE HIGHER
TIER OFFENSE, AND SUCH PERIOD SHALL COMMENCE UPON THE EXPIRATION OF ANY
EXISTING PROHIBITION PERIOD.
(B) THE COMMISSION MAY, BY REGULATION AND AFTER PUBLIC COMMENT, ADJUST
THE SPECIFIC DURATION WITHIN EACH TIER BASED ON EVIDENCE OF RECIDIVISM
RATES, DETERRENT EFFECT, AND RECOMMENDATIONS FROM LAW ENFORCEMENT,
PROFESSIONAL SPORTS ORGANIZATIONS, AND THE NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION (NCAA), PROVIDED THAT NO PROHIBITION PERIOD SHALL BE INDEFI-
NITE OR EXCEED TEN YEARS FOR A SINGLE OFFENSE. NOTHING IN SUBPARAGRAPH
(XI) OF PARAGRAPH (R) OF SUBDIVISION ONE OF THIS SECTION OR IN THIS
SUBDIVISION SHALL BE CONSTRUED TO LIMIT, PRECLUDE, REPLACE OR OTHERWISE
AFFECT ANY CRIMINAL PROSECUTION, SENTENCE, FINE, RESTITUTION, FORFEI-
TURE, ORDER OF PROTECTION, CIVIL OR ADMINISTRATIVE REMEDY, OR THE
AUTHORITY OF THE COMMISSION OR ANY OTHER GOVERNMENTAL ENTITY TO SUSPEND,
REVOKE, CONDITION, RESTRICT OR DENY ANY LICENSE, REGISTRATION, WAGERING
PRIVILEGE, ACCESS OR OTHER APPROVAL OTHERWISE AUTHORIZED BY THIS CHAPTER
OR ANY OTHER LAW. THE PROHIBITION PERIODS ESTABLISHED PURSUANT TO THIS
SUBDIVISION ARE IN ADDITION TO, AND NOT IN LIEU OF, ANY SUCH CONSE-
QUENCES. THE COMMISSION SHALL REVIEW AND PROVIDE A REPORT ON THE EFFEC-
TIVENESS OF THE SCHEDULE TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE, AND THE SPEAKER OF THE ASSEMBLY EVERY FIVE YEARS.
(C) THE COMMISSION SHALL IMPLEMENT THIS SUBDIVISION IN ACCORDANCE WITH
THE RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION AND
SUBDIVISION EIGHTEEN OF THIS SECTION, AND SHALL NOT REQUIRE ANY CASINO
OR MOBILE SPORTS WAGERING LICENSEE OR ANY RACING ASSOCIATION, CORPO-
RATION, OFF-TRACK BETTING CORPORATION, SIMULCAST FACILITY, ACCOUNT
WAGERING LICENSEE, MULTI-JURISDICTIONAL ACCOUNT WAGERING PROVIDER, OR
OTHER ENTITY LICENSED, FRANCHISED, OR OTHERWISE AUTHORIZED BY THE
COMMISSION TO ACCEPT WAGERS ON HORSE RACES TO MAKE INDEPENDENT DETERMI-
NATIONS REGARDING THE LEGAL SUFFICIENCY OF ANY CONVICTION OR ORDER OF
S. 7482--C 6
PROTECTION BEYOND VERIFYING THE IDENTITY OF THE BETTOR OR ACCOUNT HOLDER
AGAINST LISTS PROVIDED BY THE COMMISSION.
18. (A) FOR PURPOSES OF IMPLEMENTING SUBPARAGRAPH (XI) OF PARAGRAPH
(R) OF SUBDIVISION ONE AND SUBDIVISION SEVENTEEN OF THIS SECTION, THE
COMMISSION, IN CONSULTATION WITH THE OFFICE OF COURT ADMINISTRATION AND
THE DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL PROMULGATE RULES AND
REGULATIONS GOVERNING THE SHARING OF INFORMATION CONCERNING CONVICTIONS
AND FINAL ORDERS OF PROTECTION DESCRIBED IN SUBPARAGRAPH (XI) OF PARA-
GRAPH (R) OF SUBDIVISION ONE OF THIS SECTION, TO THE EXTENT AUTHORIZED
BY ARTICLE THIRTY-FIVE OF THE EXECUTIVE LAW, SECTION TWO HUNDRED TWELVE
OF THE JUDICIARY LAW, THE CRIMINAL PROCEDURE LAW, THE FAMILY COURT ACT,
THE DOMESTIC RELATIONS LAW, AND ANY OTHER APPLICABLE STATE OR FEDERAL
LAW.
(B) SUCH RULES AND REGULATIONS SHALL PROVIDE FOR THE RECEIPT, USE AND
DISCLOSURE BY THE COMMISSION OF SUCH INFORMATION SOLELY AS NECESSARY TO
EFFECTUATE THE PROVISIONS OF SUBPARAGRAPH (XI) OF PARAGRAPH (R) OF
SUBDIVISION ONE AND SUBDIVISION SEVENTEEN OF THIS SECTION, INCLUDING THE
DESIGNATION OF PROHIBITED SPORTS BETTORS AND NOTIFICATION TO CASINOS AND
MOBILE SPORTS WAGERING LICENSEES, RACING ASSOCIATIONS AND CORPORATIONS,
FRANCHISED CORPORATIONS, OFF-TRACK BETTING CORPORATIONS, REGIONAL CORPO-
RATIONS, SIMULCAST FACILITIES, ACCOUNT WAGERING LICENSEES, MULTI-JURIS-
DICTIONAL ACCOUNT WAGERING PROVIDERS, AND ANY OTHER ENTITY LICENSED,
FRANCHISED, OR OTHERWISE AUTHORIZED BY THE COMMISSION TO ACCEPT WAGERS
ON HORSE RACES, OF INDIVIDUALS SO DESIGNATED.
(C) ANY SHARING OF INFORMATION PURSUANT TO THIS SUBDIVISION SHALL BE
SUBJECT TO APPLICABLE PROVISIONS OF THE CRIMINAL PROCEDURE LAW, THE
FAMILY COURT ACT, THE DOMESTIC RELATIONS LAW, ARTICLE THIRTY-FIVE OF THE
EXECUTIVE LAW, SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW, AND ANY
OTHER LAW PERTAINING TO THE CONFIDENTIALITY, SEALING AND EXPUNGEMENT OF
RECORDS. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO PERMIT OR
REQUIRE THE RELEASE, DISCLOSURE OR OTHER DISSEMINATION BY THE OFFICE OF
COURT ADMINISTRATION OR THE DIVISION OF CRIMINAL JUSTICE SERVICES OF ANY
RECORD THAT HAS BEEN SEALED OR IS OTHERWISE CONFIDENTIAL IN ACCORDANCE
WITH LAW.
(D) THE COMMISSION SHALL, AT LEAST ANNUALLY, UPDATE AND DISTRIBUTE TO
ALL CASINOS AND MOBILE SPORTS WAGERING LICENSEES, AND TO ALL RACING
ASSOCIATIONS AND CORPORATIONS, FRANCHISED CORPORATIONS, OFF-TRACK
BETTING CORPORATIONS, REGIONAL CORPORATIONS, SIMULCAST FACILITIES,
ACCOUNT WAGERING LICENSEES, MULTI-JURISDICTIONAL ACCOUNT WAGERING
PROVIDERS, AND ANY OTHER ENTITY LICENSED, FRANCHISED, OR OTHERWISE
AUTHORIZED BY THE COMMISSION TO ACCEPT WAGERS ON HORSE RACES, A CONSOL-
IDATED LIST OF INDIVIDUALS DESIGNATED AS PROHIBITED SPORTS BETTORS
PURSUANT TO SUBPARAGRAPH (XI) OF PARAGRAPH (R) OF SUBDIVISION ONE OF
THIS SECTION, AND SHALL PROVIDE INTERIM UPDATES AS NECESSARY. CASINOS,
MOBILE SPORTS WAGERING LICENSEES AND ALL SUCH HORSE-RACE WAGERING ENTI-
TIES SHALL USE SUCH LIST TO PREVENT DESIGNATED INDIVIDUALS FROM PLACING
SPORTS WAGERS, OPENING OR MAINTAINING WAGERING ACCOUNTS, OR PLACING
WAGERS ON HORSE RACES, AND MAY RELY ON SUCH LIST IN GOOD FAITH WITHOUT
UNDERTAKING ANY INDEPENDENT CRIMINAL HISTORY INVESTIGATION.
§ 3. Section 1012 of the racing, pari-mutuel wagering and breeding law
is amended by adding a new subdivision 19 to read as follows:
19. AN ACCOUNT WAGERING LICENSEE SHALL NOT PERMIT ANY INDIVIDUAL
DESIGNATED AS A PROHIBITED SPORTS BETTOR PURSUANT TO SUBPARAGRAPH (XI)
OF PARAGRAPH (R) OF SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED SIXTY-
SEVEN OF THIS CHAPTER TO ESTABLISH OR MAINTAIN A WAGERING ACCOUNT, OR TO
PLACE A WAGER ON A HORSE RACE THROUGH SUCH ACCOUNT WAGERING LICENSEE. AN
S. 7482--C 7
ACCOUNT WAGERING LICENSEE MAY RELY IN GOOD FAITH ON LISTS PROVIDED BY
THE COMMISSION PURSUANT TO SUBDIVISION EIGHTEEN OF SECTION THIRTEEN
HUNDRED SIXTY-SEVEN OF THIS CHAPTER WITHOUT UNDERTAKING ANY INDEPENDENT
CRIMINAL HISTORY INVESTIGATION.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed by the state gaming commission, the chief administrator of the
courts, and the division of criminal justice services on or before such
effective date.
