Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 17, 2009 |
referred to codes |
Senate Bill S2301
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S2301 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6719
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add ยง225.45, Pen L
2009-S2301 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2301 TITLE OF BILL : An act to amend the penal law, in relation to making shipboard gambling a class E felony PURPOSE : To outlaw so-called gambling "cruises-to-nowhere," which operate out of New York ports for the purpose of conducting offshore gambling activities. SUMMARY OF PROVISIONS : This legislation would make it a class E felony to engage in prohibited gambling activity on a vessel both embarking and disembarking within the state; or to manage, supervise, control, operate or own such a vessel while knowingly causing or permitting such activity to take place. This legislation would not apply to United States-flagged or foreign-flagged vessels on interstate or international cruises. EXISTING LAW : At present, under federal law, 15 U.S.C. 1175, casino boats are permitted to operate out of New York ports when on interstate or international cruises. New York may prohibit cruises, however, which both embark and disembark within the state. JUSTIFICATION : Casino gambling is strictly prohibited by the penal law and the state's constitution. Federal law, however, permits gambling cruises to operate, but also specifically allows the state to
2009-S2301 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2301 2009-2010 Regular Sessions I N S E N A T E February 17, 2009 ___________ Introduced by Sen. PADAVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to making shipboard gambling a class E felony THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding a new section 225.45 to read as follows: S 225.45 SHIPBOARD GAMBLING. 1. A PERSON IS GUILTY OF SHIPBOARD GAMBLING WHEN HE OR SHE: (A) ENGAGES IN ANY GAMBLING ACTIVITY PROHIBITED UNDER THIS ARTICLE ON A VESSEL THAT EMBARKS FROM ANY POINT WITHIN THE STATE, AND DISEMBARKS AT THE SAME OR ANOTHER POINT WITHIN THE STATE, DURING WHICH TIME HE OR SHE KNOWINGLY CAUSES OR PERMITS SUCH GAMBLING ACTIVITY TO BE CONDUCTED, WHETHER WITHIN OR WITHOUT THE WATERS OF THE STATE; OR (B) MANAGES, SUPERVISES, CONTROLS, OPERATES OR OWNS ANY VESSEL THAT EMBARKS FROM ANY POINT WITHIN THE STATE, AND DISEMBARKS AT THE SAME OR ANOTHER POINT WITHIN THE STATE, DURING WHICH TIME HE OR SHE KNOWINGLY CAUSES OR PERMITS ANY GAMBLING ACTIVITY PROHIBITED UNDER THIS ARTICLE, WHETHER WITHIN OR WITHOUT THE WATERS OF THE STATE. 2. THIS SECTION SHALL NOT APPLY TO GAMBLING ACTIVITY CONDUCTED ON UNITED STATES-FLAGGED OR FOREIGN-FLAGGED VESSELS DURING TRAVEL FROM A FOREIGN NATION OR ANOTHER STATE OR POSSESSION OF THE UNITED STATES UP TO THE POINT OF FIRST ENTRY INTO NEW YORK WATERS OR DURING TRAVEL TO A FOREIGN NATION OR ANOTHER STATE OR POSSESSION OF THE UNITED STATES FROM THE POINT OF DEPARTURE FROM NEW YORK WATERS, PROVIDED THAT NOTHING HERE- IN SHALL PRECLUDE PROSECUTION FOR ANY OTHER OFFENSE UNDER THIS ARTICLE. SHIPBOARD GAMBLING IS A CLASS E FELONY. 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00786-01-9
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