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

                                  3079

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced  by  M.  of  A.  McENENY,  DINOWITZ,  EDDINGTON, ESPAILLAT --
  Multi-Sponsored by -- M. of A. BENJAMIN, BRENNAN, CHRISTENSEN, COLTON,
  COOK, GALEF, MARKEY, MILLMAN, WEISENBERG -- read once and referred  to
  the Committee on Codes

AN  ACT  to  amend the penal law, in relation to including gambling over
  the internet within provisions of law relating to gambling offenses

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

  Section  1. Subdivisions 4, 5 and 7 of section 225.00 of the penal law
are amended to read as follows:
  4. "Advance gambling activity." A person "advances gambling  activity"
when,  acting  other than as a player, he engages in conduct which mate-
rially aids any form of gambling activity. Such conduct includes but  is
not  limited to conduct directed toward the creation or establishment of
the particular game,  contest,  scheme,  device  or  activity  involved,
toward the acquisition or maintenance of premises, paraphernalia, equip-
ment  or  apparatus  therefor,  toward the solicitation or inducement of
persons to participate therein, toward the actual conduct of the playing
phases thereof,  TOWARD  THE  PUBLIC  ENDORSEMENT  THEREOF,  toward  the
arrangement  of  any of its financial or recording phases, or toward any
other phase of its operation, AND INCLUDING GAMBLING OVER THE  INTERNET.
"INTERNET"  MEANS  THE MYRIAD OF COMPUTER AND TELECOMMUNICATIONS FACILI-
TIES, INCLUDING EQUIPMENT AND OPERATING  SOFTWARE,  WHICH  COMPRISE  THE
INTERCONNECTED  WORLDWIDE  NETWORK  OF  NETWORKS  THAT EMPLOY THE TRANS-
MISSION  CONTROL  PROTOCOL/INTERNET  PROTOCOL,  OR  ANY  PREDECESSOR  OR
SUCCESSOR  PROTOCOLS TO SUCH PROTOCOL, TO COMMUNICATE INFORMATION OF ALL
KINDS BY WIRE OR RADIO. One  advances  gambling  activity  when,  having
substantial  proprietary  or  other  authoritative control over premises
being used with his knowledge for  purposes  of  gambling  activity,  he
permits  such  to  occur  or  continue or makes no effort to prevent its
occurrence or continuation.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00955-01-9
              

A. 3079                             2

  5. "Profit from gambling activity." A person  "profits  from  gambling
activity"  when, other than as a player, he accepts or receives money or
other property pursuant to an agreement or understanding with any person
whereby he participates or is to participate in the proceeds of gambling
activity,  INCLUDING BUT NOT LIMITED TO AN AGREEMENT OR UNDERSTANDING TO
ACT AS AN INTERNET SERVICE PROVIDER. "INTERNET SERVICE  PROVIDER"  MEANS
ANY  INFORMATION  SERVICE,  SYSTEM,  OR  ACCESS  SOFTWARE  PROVIDER THAT
PROVIDES OR ENABLES COMPUTER ACCESS BY  MULTIPLE  USERS  TO  A  COMPUTER
SERVER,  INCLUDING SPECIFICALLY A SERVICE OR SYSTEM THAT PROVIDES ACCESS
TO THE INTERNET.
  7. "Gambling device"  means  any  device,  machine,  paraphernalia  or
equipment  which is used or usable in the playing phases of any gambling
activity, whether such activity consists of gambling between persons  or
gambling  by  a person involving the playing of a machine, INCLUDING BUT
NOT LIMITED TO A COMPUTER. Notwithstanding the foregoing, lottery  tick-
ets,  policy slips and other items used in the playing phases of lottery
and policy schemes are not gambling devices.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.