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S07453 Summary:

BILL NOS07453
 
SAME ASNo Same As
 
SPONSORADDABBO
 
COSPNSR
 
MLTSPNSR
 
Amd 225.00, 225.55, 225.65, 225.70, 225.75, 225.85 & 225.90, Pen L
 
Includes video lottery gaming in certain gambling offenses.
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S07453 Actions:

BILL NOS07453
 
05/26/2023REFERRED TO RACING, GAMING AND WAGERING
05/30/2023COMMITTEE DISCHARGED AND COMMITTED TO RULES
05/30/2023ORDERED TO THIRD READING CAL.1445
06/07/2023PASSED SENATE
06/07/2023DELIVERED TO ASSEMBLY
06/07/2023referred to racing and wagering
01/03/2024died in assembly
01/03/2024returned to senate
01/03/2024REFERRED TO RACING, GAMING AND WAGERING
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S07453 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7453
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      May 26, 2023
                                       ___________
 
        Introduced  by  Sen. ADDABBO -- (at request of the New York State Gaming
          Commission) -- read twice and ordered printed, and when printed to  be
          committed to the Committee on Racing, Gaming and Wagering
 
        AN  ACT  to  amend the penal law, in relation to including video lottery
          gaming in certain gambling offenses

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions 13, 22 and 27 of section 225.00 of the penal
     2  law, as added by chapter 174 of the laws of 2013, are amended to read as
     3  follows:
     4    13. "Authorized gaming establishment" means any  structure,  structure
     5  and  adjacent  or attached structure, or grounds adjacent to a structure
     6  in which casino gaming, conducted pursuant to article  thirteen  of  the
     7  racing, pari-mutuel wagering and breeding law, [or] Class III gaming, as
     8  authorized  pursuant  to a compact reached between the state of New York
     9  and a federally recognized Indian nation  or  tribe  under  the  federal
    10  Indian  Gaming  Regulatory  Act  of  1988,  or  video  lottery gaming is
    11  conducted and shall include all public and non-public areas of any  such
    12  building, except for such areas of a building where either Class I or II
    13  gaming  are  conducted  or any building or grounds [known as] other than
    14  the gaming floor or gaming operations at a  video  gaming  entertainment
    15  facility,  including facilities where food and drink are served, as well
    16  as those areas not normally open to the public, such  as  where  records
    17  related  to  video  lottery gaming operations are kept, except shall not
    18  include the racetracks or such areas where  such  video  lottery  gaming
    19  operations  or  facilities do not take place or exist, such as racetrack
    20  areas or fairgrounds [which] that are wholly unrelated to video  lottery
    21  gaming  operations, pursuant to section sixteen hundred seventeen-a [and
    22  paragraph five of subdivision a of section sixteen  hundred  twelve]  of
    23  the tax law, as amended and implemented.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06418-01-3

        S. 7453                             2
 
     1    22.  "Gaming  regulatory authority" means, with respect to any author-
     2  ized gaming establishment on Indian lands, territory or reservation, the
     3  Indian nation or tribal  gaming  commission,  its  authorized  officers,
     4  agents  and  representatives acting in their official capacities or such
     5  other  agency  of a nation or tribe as the nation or tribe may designate
     6  as the agency responsible for the regulation of Class III gaming, joint-
     7  ly with the state gaming agency, conducted pursuant to a gaming  compact
     8  between  the  nation or tribe and the state of New York, or with respect
     9  to any casino gaming authorized pursuant  to  article  thirteen  of  the
    10  racing,  pari-mutuel  wagering  and breeding law or video lottery gaming
    11  conducted pursuant to section sixteen hundred seventeen-a [and paragraph
    12  five of subdivision a of section sixteen hundred twelve] of the tax law,
    13  as amended and implemented.
    14    27. "Unlawful gaming property" means:
    15    (a) any device, not prescribed for use in [casinio] casino  gaming  or
    16  video  lottery gaming by its rules, [which] that is capable of assisting
    17  a player:
    18    (i) to calculate any  probabilities  material  to  the  outcome  of  a
    19  contest of chance; or
    20    (ii)  to  receive or transmit information material to the outcome of a
    21  contest of chance; or
    22    (b) any object or article [which] that, by virtue of its  size,  shape
    23  or any other quality, is capable of being used in casino gaming or video
    24  lottery  gaming  as  an  improper substitute for a genuine chip, cheque,
    25  token, betting coupon, debit instrument, voucher or other instrument  or
    26  indicia of value; or
    27    (c) any unfair gaming equipment.
    28    §  2.  Section 225.55 of the penal law, as added by chapter 174 of the
    29  laws of 2013, is amended to read as follows:
    30  § 225.55 Gaming fraud in the second degree.
    31    A person is guilty of gaming fraud in the second  degree  when  he  or
    32  she:
    33    1.  with intent to defraud and in violation of the rules of the casino
    34  gaming or video lottery gaming, misrepresents, changes the amount bet or
    35  wagered on, or the outcome or possible outcome of the contest  or  event
    36  [which]  that  is  the  subject  of  the  bet or wager, or the amount or
    37  frequency of payment in the casino gaming or video lottery gaming; or
    38    2. with intent to defraud,  obtains  anything  of  value  from  casino
    39  gaming  or  video lottery gaming without having won such amount by a bet
    40  or wager contingent thereon.
    41    Gaming fraud in the second degree is a class A misdemeanor.
    42    § 3. Section 225.65 of the penal law, as added by chapter 174  of  the
    43  laws of 2013, is amended to read as follows
    44  § 225.65 Use  of  counterfeit,  unapproved  or unlawful wagering instru-
    45             ments.
    46    A person is guilty of  use  of  counterfeit,  unapproved  or  unlawful
    47  wagering instruments when in playing or using any casino gaming or video
    48  lottery  gaming  designed  to be played with, received or be operated by
    49  chips, cheques, tokens, vouchers or other wagering instruments  approved
    50  by the appropriate gaming regulatory authority, he or she knowingly uses
    51  chips,  cheques,  tokens,  vouchers  or other wagering instruments other
    52  than those approved by the appropriate gaming regulating  authority  and
    53  the  state  gaming  agency  or lawful coin or legal tender of the United
    54  States of America.

        S. 7453                             3
 
     1    Possession of more than one counterfeit, unapproved or unlawful wager-
     2  ing instrument described in this  section  is  presumptive  evidence  of
     3  possession thereof with knowledge of its character or contents.
     4    Use  of  counterfeit, unapproved or unlawful wagering instruments is a
     5  class A misdemeanor.
     6    § 4. Section 225.70 of the penal law, as added by chapter 174  of  the
     7  laws of 2013, is amended to read as follows:
     8  § 225.70 Possession of unlawful gaming property in the third degree.
     9    A  person  is  guilty of possession of unlawful gaming property in the
    10  third degree when he or she possesses, with intent to use such  property
    11  to  commit  gaming  fraud,  unlawful gaming property at a premises being
    12  used for casino gaming or video lottery gaming.
    13    Possession of unlawful gaming property in the third degree is a  class
    14  A misdemeanor.
    15    §  5.  Section 225.75 of the penal law, as added by chapter 174 of the
    16  laws of 2013, is amended to read as follows:
    17  § 225.75 Possession of unlawful gaming property in the second degree.
    18    A person is guilty of possession of unlawful gaming  property  in  the
    19  second degree when:
    20    1.  [He] he or she makes, sells, or possesses with intent to sell, any
    21  unlawful gaming property at a casino gaming facility  or  video  lottery
    22  gaming  facility, the value of which exceeds three hundred dollars, with
    23  intent that [it] such property be made available to a person for  unlaw-
    24  ful use; or
    25    2.  [He]  he  or she commits possession of unlawful gaming property in
    26  the third degree as defined in section 225.70 of this article,  and  the
    27  face  value  of  the  improper  substitute property exceeds five hundred
    28  dollars; or
    29    3. [He] he or she commits the offense of possession of unlawful gaming
    30  property in the third degree and has been  previously  convicted  within
    31  the preceding five years of any offense of which an essential element is
    32  possession of unlawful gaming property.
    33    Possession of unlawful gaming property in the second degree is a class
    34  E felony.
    35    §  6.  Section 225.85 of the penal law, as added by chapter 174 of the
    36  laws of 2013, is amended to read as follows:
    37  § 225.85 Use of unlawful gaming property.
    38    A person is guilty of use of unlawful gaming property when he  or  she
    39  knowingly  with  intent  to  defraud  uses unlawful gaming property at a
    40  premises being used for casino gaming or video lottery gaming.
    41    Use of unlawful gaming property is a class E felony.
    42    § 7. The closing paragraph of section 225.90  of  the  penal  law,  as
    43  added by chapter 174 of the laws of 2013, is amended to read as follows:
    44    Manipulation  of gaming outcomes at an authorized gaming establishment
    45  is a class A misdemeanor provided,  however,  that  if  the  person  has
    46  previously  been convicted of this crime within the past five years this
    47  [crim] crime shall be a class E felony.
    48    § 8. This act shall take effect immediately.
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