S T A T E O F N E W Y O R K
________________________________________________________________________
7482--B
2025-2026 Regular Sessions
I N S E N A T E
April 17, 2025
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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
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
of a sports event 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 120.13, 120.14, 120.15, 120.45, 120.50, 120.55,
120.60, 240.25, 240.30 OR 240.31 OF THE PENAL LAW, OR A SUBSTANTIALLY
SIMILAR OFFENSE IN ANOTHER JURISDICTION, WHERE THE COMPLAINANT OR VICTIM
IS AN AMATEUR OR PROFESSIONAL ATHLETE, COACH, OFFICIAL OR OTHER PARTIC-
IPANT IN A SPORTS EVENT AND THE CONDUCT UNDERLYING SUCH OFFENSE AROSE
FROM OR RELATED TO A SPORTS WAGER OR SUCH SPORTING EVENT; (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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11372-12-6
S. 7482--B 2
SECTIONS ENUMERATED IN CLAUSE (A) OF THIS SUBPARAGRAPH IF PROSECUTED IN
THIS STATE, WHERE THE PROTECTED PARTY IS SUCH AN ATHLETE, COACH, OFFI-
CIAL OR PARTICIPANT AND THE CONDUCT AROSE FROM OR RELATED TO A SPORTS
WAGER OR SUCH SPORTING EVENT; OR (C) BEEN CONVICTED, IN THIS STATE OR
ANY OTHER JURISDICTION, OF, OR FOUND IN A FINAL ORDER OF PROTECTION OR
EQUIVALENT FINAL CIVIL PROTECTION ORDER TO HAVE COMMITTED, AN OFFENSE
INVOLVING ASSAULT, CRIMINAL MISCHIEF, OR OTHER INTENTIONAL DAMAGE TO
PROPERTY OR NONCONSENSUAL PHYSICAL CONTACT DIRECTED AT SUCH AN ATHLETE,
COACH, OFFICIAL OR PARTICIPANT, WHERE THE CONDUCT AROSE FROM OR RELATED
TO A SPORTS WAGER OR SUCH SPORTING EVENT. THE DURATION OF ANY DESIG-
NATION AS A PROHIBITED SPORTS BETTOR PURSUANT TO THIS SUBPARAGRAPH SHALL
BE DETERMINED IN ACCORDANCE WITH THE SCHEDULE ESTABLISHED BY THE COMMIS-
SION 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. THE COMMISSION SHALL PROVIDE NOTICE TO AN INDIVID-
UAL 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
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 OR SPORTING EVENT AS REQUIRED
BY THIS SUBPARAGRAPH, IN A FORM AND MANNER PRESCRIBED BY THE COMMISSION.
NOTHING IN THIS SUBPARAGRAPH SHALL BE CONSTRUED TO AUTHORIZE THE COMMIS-
SION 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 SUBPARA-
GRAPH.
§ 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. THE SCHEDULE SHALL INCLUDE THE FOLLOWING TIERS:
(I) TIER I OFFENSES (CLASS B MISDEMEANORS AND VIOLATIONS): A PROHIBI-
TION 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), AND
SUBSTANTIALLY SIMILAR OFFENSES IN OTHER JURISDICTIONS.
(II) TIER II OFFENSES (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), STALK-
ING IN THE THIRD DEGREE (SECTION 120.50 OF THE PENAL LAW), AGGRAVATED
HARASSMENT IN THE SECOND DEGREE (SECTION 240.30 OF THE PENAL LAW), AND
SUBSTANTIALLY SIMILAR OFFENSES IN OTHER JURISDICTIONS.
(III) TIER III OFFENSES (CLASS E AND D FELONIES): A PROHIBITION PERIOD
OF NOT LESS THAN FIVE YEARS AND NOT MORE THAN TEN YEARS FROM THE DATE OF
S. 7482--B 3
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), AGGRAVATED HARASSMENT IN
THE FIRST DEGREE (SECTION 240.31 OF THE PENAL LAW), AND SUBSTANTIALLY
SIMILAR OFFENSES IN OTHER JURISDICTIONS, AS WELL AS ASSAULT OFFENSES AND
CRIMINAL MISCHIEF OFFENSES AS DESCRIBED IN CLAUSE (C) OF SUBPARAGRAPH
(XI) OF PARAGRAPH (R) OF SUBDIVISION ONE OF THIS SECTION.
(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. THE COMMISSION SHALL
REVIEW AND PROVIDE A REPORT ON THE EFFECTIVENESS 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 SUBDIVISION EIGHTEEN
OF THIS SECTION, AND SHALL NOT REQUIRE ANY CASINO OR MOBILE SPORTS
WAGERING LICENSEE TO MAKE INDEPENDENT DETERMINATIONS REGARDING THE LEGAL
SUFFICIENCY OF ANY CONVICTION OR ORDER OF PROTECTION BEYOND VERIFYING
THE IDENTITY OF THE BETTOR 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 THE NOTIFICATION OF CASINOS
AND MOBILE SPORTS WAGERING LICENSEES AND OTHER ENTITIES SUBJECT TO THE
JURISDICTION OF THE COMMISSION 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
S. 7482--B 4
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 A CONSOLIDATED LIST OF
INDIVIDUALS DESIGNATED AS PROHIBITED SPORTS BETTORS PURSUANT TO SUBPARA-
GRAPH (XI) OF PARAGRAPH (R) OF SUBDIVISION ONE OF THIS SECTION, AND
SHALL PROVIDE INTERIM UPDATES AS NECESSARY. CASINOS AND MOBILE SPORTS
WAGERING LICENSEES SHALL USE SUCH LIST TO PREVENT DESIGNATED INDIVIDUALS
FROM PLACING SPORTS WAGERS, AND MAY RELY ON SUCH LIST IN GOOD FAITH
WITHOUT UNDERTAKING ANY INDEPENDENT CRIMINAL HISTORY INVESTIGATION.
§ 3. 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.
