H. B. 2479
(By Delegates Stalnaker and White)
[Introduced January 24, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §29-22-12 of the Code of West Virginia,
1931, as amended; and to amend and reenact §29-22A-16 of said
code, all relating to video lottery offenses in general;
making it a felony to steal lottery tickets and establishing
the penalty therefor; and making it a felony to use, or assist
another in the use of, certain electronic, electrical, or
mechanical devices to obtain an advantage at playing any
racetrack video lottery machine, and establishing the penalty
therefor.
Be it enacted by the Legislature of West Virginia:
That §29-22-12 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §29-22A-16 of said code be
amended and reenacted, all to read as follows:
ARTICLE 22. STATE LOTTERY ACT.
§29-22-12. Crimes; forgery, counterfeiting, stealing, etc., of lottery tickets; penalties.
Any person who, with intent to defraud, falsely makes, alters,
forges, utters, passes,
or counterfeits
or steals a lottery ticket,
including a scratch-off ticket is guilty of a felony and, upon
conviction thereof, shall be fined not more than one thousand
dollars, or be imprisoned in
the penitentiary for a state
correction facility not less than one year or both fined and
imprisoned.
ARTICLE 22A. RACETRACK VIDEO LOTTERY.
§29-22A-16. Offenses and penalties.
(a)
A licensee who places a video lottery game or video
lottery terminal into play without authority of the commission to
do so is guilty of a misdemeanor and, upon conviction thereof,
shall be confined in jail not more than one year and fined not more
than five thousand dollars, except that in the case of a person
other than a natural person, the amount of the fine imposed may be
not more than twenty-five thousand dollars.
(b)
A person who operates, carries on or exposes for play a
video lottery game or video lottery terminal after the person's
license has expired and prior to the actual renewal thereof is
guilty of a misdemeanor and, upon conviction thereof, shall be
confined in jail not more than one year and fined not more than
five thousand dollars, except that in the case of a person other
than a natural person, the amount of the fine imposed may be not more than twenty-five thousand dollars.
(c) A licensee who possesses any video lottery terminal or
other device, equipment or material which the person knows has been
manufactured, distributed, sold, tampered with or serviced in
violation of the provisions of this article is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in jail
not more than one year and fined not more than five thousand
dollars, except that in the case of a person other than a natural
person, the amount of the fine imposed may be not more than
twenty-five thousand dollars.
(d) A licensee who knowingly conducts, carries on, operates or
exposes for play, or allows to be conducted, carried on, operated
or exposed for play any video lottery game, video lottery terminal,
or other device, equipment or material which has in any manner been
tampered with, or placed in a condition, or operated in a manner,
the result of which tends to deceive the public or tends to alter
the normal random selection of characteristics or the normal chance
of the video lottery game which could determine or alter the result
of the game is guilty of a misdemeanor and, upon conviction
thereof, shall be confined in jail not more than one year and fined
not more than five thousand dollars, except that in the case of a
person other than a natural person, the amount of the fine imposed
may be not more than fifty thousand dollars.
(e) A licensee who employs or continues to employ an individual, not issued a permit under the provisions of this
article, in a position with duties which would require a permit
under the provisions of this article is guilty of a misdemeanor
and, upon conviction thereof, shall be confined in jail not more
than one year and fined not more than five thousand dollars, except
that in the case of a person other than a natural person, the
amount of the fine imposed may be not more than twenty-five
thousand dollars.
(f) A person who, without obtaining the requisite permit as
provided
for in this article, works or is employed in a position
with duties which would require a permit under the provisions of
this article is guilty of a misdemeanor and, upon conviction
thereof, shall be confined in jail not more than one year and fined
not more than ten thousand dollars.
(g) A person who, while a video lottery game is being played
at a licensed racetrack, uses, or assists another in the use of, an
electronic, electrical, or mechanical device which is designed,
constructed, or programmed specifically for use in obtaining an
advantage at playing any video lottery game is guilty of a
misdemeanor felony and, upon conviction thereof, shall be
confined
in jail not more than six months or fined not more than one
thousand dollars, or both and, upon conviction thereof, shall be
imprisoned in a state correctional facility not less than one nor
more than ten years, or, in the discretion of the court, be confined in jail not more than one year and shall be fined not more
than two thousand five hundred dollars.
(h) A person who knowingly violates a provision of this
article, or the rules of play or game rules of a video lottery game
and who profits thereby in an amount equal to one thousand dollars
or more, is guilty of a felony and, upon conviction thereof, shall
be imprisoned in
the penitentiary a state correctional facility not
less than one nor more than ten years, or, in the discretion of the
court, be confined in jail not more than one year and shall be
fined not more than two thousand five hundred dollars. If the
person profits thereby in an amount less than one thousand dollars,
such person is guilty of a misdemeanor and, upon conviction
thereof, shall be confined in jail for a term not to exceed one
year or fined not to exceed two thousand five hundred dollars, or
both.
(i) A person who fails to perform any of the duties or
obligations created and imposed upon them by the provisions of this
article shall be subject to a civil penalty as may be determined by
the commission, not to exceed ten thousand dollars.
NOTE: The purpose of this bill is to make it a felony to
steal lottery tickets. In addition, the bill makes it a felony
offense to steal anything of value from the Lottery Commission or
to profit from cheating a video lottery machine at a racetrack.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.