Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Introduced Version House Bill 2582 History

DOWNLOAD  wpd  |  Email


hb2582 intr
H. B.2582


(By Delegates Stalnaker, Kominar, H. White,
Michael and Amores)

[Introduced
February 21, 2005 ; 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.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature **