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

                                  2630

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 25, 2009
                               ___________

Introduced  by  Sens. PADAVAN, VOLKER -- 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  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.
  5.  "Profit  from  gambling activity." A person "profits from gambling
activity" when, other than as a player, he accepts or receives money  or

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

S. 2630                             2

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.