Senate Bill S2304

                            
                    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
              

S. 2304                             2

the training of  persons  in  the  repair  and  reconditioning  of  such
machines  as  are used or are to be used for operations in those casinos
authorized pursuant to a tribal-state compact as provided  for  pursuant
to  section  eleven  hundred  seventy-two of title fifteen of the United
States Code in the state of New York.
  Possession of a gambling device IN THE SECOND  DEGREE  is  a  class  A
misdemeanor.
  S  2.  The penal law is amended by adding a new section 225.31 to read
as follows:
S 225.31 POSSESSION OF A GAMBLING DEVICE IN THE FIRST DEGREE.
  A. A PERSON IS GUILTY OF POSSESSION OF A GAMBLING DEVICE IN THE  FIRST
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 FIVE OR MORE OF ANY OF THE FOLLOWING DEVICES:
  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
THE TRAINING OF  PERSONS  IN  THE  REPAIR  AND  RECONDITIONING  OF  SUCH
MACHINES  AS  ARE USED OR ARE TO BE USED FOR OPERATIONS IN THOSE CASINOS
AUTHORIZED PURSUANT TO A TRIBAL-STATE COMPACT AS PROVIDED  FOR  PURSUANT
TO  SECTION  ELEVEN  HUNDRED  SEVENTY-TWO OF TITLE FIFTEEN OF THE UNITED
STATES CODE IN THE STATE OF NEW YORK.
  POSSESSION OF A GAMBLING DEVICE IN THE FIRST DEGREE IS A CLASS E FELO-
NY.
  S 3. Subdivision 1 of section 225.32 of the penal law, as  amended  by
chapter 346 of the laws of 1998, is amended to read as follows:
  1. In any prosecution for possession of a gambling device specified in
subdivision  [one]  A  of  section 225.30 OR IN SUBDIVISION A OF SECTION
225.31 of this [chapter] ARTICLE, it is an affirmative defense that: (a)
the slot machine  possessed  by  the  defendant  was  neither  used  nor
intended  to  be used in the operation or promotion of unlawful gambling
activity or enterprise and that such slot machine  is  an  antique;  for
purposes  of  this  section  proof  that a slot machine was manufactured
prior to nineteen hundred forty-one shall be conclusive proof that  such
a machine is an antique; (b) the slot machine possessed by the defendant
was  manufactured  or assembled by the defendant for the sole purpose of
transporting such slot machine in a sealed container to  a  jurisdiction
outside  this state for purposes which are lawful in such outside juris-
diction; (c) the slot machine possessed by  the  defendant  was  neither
used  nor  intended to be used in the operation or promotion of unlawful
gambling activity or enterprise, is more than thirty years old, and such
possession takes place in the defendant's home; or (d) the slot  machine

S. 2304                             3

was transported into this state in a sealed container for the purpose of
product  development,  research,  or additional manufacture or assembly,
and such slot machine will be  or  has  been  transported  in  a  sealed
container to a jurisdiction outside of this state for purposes which are
lawful in such outside jurisdiction.
  S 4. Section 225.10 of the penal law is amended to read as follows:
S 225.10  Promoting gambling in the first degree.
   A  person is guilty of promoting gambling in the first degree when he
knowingly advances or profits from unlawful gambling activity by:
  1.  Engaging in bookmaking to the extent that he OR  SHE  receives  or
accepts in any one day more than five bets totaling more than five thou-
sand dollars; or
  2.  Receiving, in connection with a lottery or policy scheme or enter-
prise,  (a)  money  or written records from a person other than a player
whose chances or plays are represented by such money or records, or  (b)
more  than  five  hundred dollars in any one day of money played in such
scheme or enterprise; OR
  3. RECEIVING FROM ANY UNLAWFUL GAMBLING ACTIVITIES, OTHER  THAN  THOSE
DESCRIBED  IN  SUBDIVISION  ONE  OR  TWO OF THIS SECTION, MORE THAN FIVE
THOUSAND DOLLARS IN ANY ONE DAY.
  Promoting gambling in the first degree is a class E felony.
  S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.