Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 17, 2009 |
referred to codes |
Senate Bill S2304
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-S2304 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4738
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §§225.30, 225.32 & 225.10, add §225.31, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A2505
2013-2014: A2509
2015-2016: A4631
2009-S2304 (ACTIVE) - Summary
Creates the crime of possession of a gambling device in the first degree which prohibits the manufacture, sale, transport, placement or possession of five or more slot machines, other gambling device or a coin operated gambling device; possession of a gambling device in the first degree is a class E felony; also includes within the offense of promoting gambling the receiving of more than $5000 in any one day from unlawful gambling activities.
2009-S2304 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2304 TITLE OF BILL : An act to amend the penal law, in relation to possession of gambling devices and promoting certain gambling activities PURPOSE : To increase penalties where certain illegal gambling activities are involved. SUMMARY OF PROVISIONS : This bill would amend the Penal Law to impose realistic penalties upon those who profit from certain illegal gambling activities. It would create two degrees of the crime of Possession of Gambling Devices, with the top charge constituting a class E felony where five or more such devices are possessed; and also amend the Penal Law with respect to the crime of Promoting Gambling, making it a Class E felony to profit from gambling activities such as casino-style gambling where more than $5,000 is taken in on any one day. LEGISLATIVE HISTORY : S.67 of 2007-08; S.544-A of 2005-06; S.703 of 2003-04; S.542 of 2001-02; S.1400 of 1999-2000; S.3070 of 1997-98; S.5264 of 1995-96. JUSTIFICATION :
2009-S2304 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2304 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 possession of gambling devices and promoting certain gambling activities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 225.30 of the penal law, as amended by section 4 of part B of chapter 383 of the laws of 2001, subdivision c as added by chapter 498 of the laws of 2003, is amended to read as follows: S 225.30 Possession of a gambling device IN THE SECOND DEGREE. a. A person is guilty of possession of a gambling device IN THE SECOND DEGREE when, with knowledge of the character thereof, he or she manufac- tures, sells, transports, places or possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody or use of: 1. A slot machine, unless such possession is permitted pursuant to article nine-A of the general municipal law; or 2. Any other gambling device, believing that the same is to be used in the advancement of unlawful gambling activity; or 3. A coin operated gambling device with intent to use such device in the advancement of unlawful gambling activity. b. Possession of a slot machine shall not be unlawful where such possession and use is pursuant to a gaming compact, duly executed by the governor and an Indian tribe or Nation, under the Indian Gaming Regula- tory Act, as codified at 25 U.S.C. SSSS 2701-2721 and 18 U.S.C. SSSS 1166-1168, where the use of such slot machine or machines is consistent with such gaming compact and where the state receives a negotiated percentage of the net drop (defined as gross money wagered after payout, but before expenses) from any such slot machine or machines. c. Transportation and possession of a slot machine shall not be unlaw- ful where such transportation and possession is necessary to facilitate EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07172-01-9
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