H. B. 4615

(By Delegate L. Smith)
[Introduced February 22, 2002; referred to the
Committee on the Judiciary.]

A BILL to amend article ten, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one-a, relating to owning or operating "slot machines"; creating misdemeanor and felony penalties; seizure and forfeiture; and exceptions.

Be it enacted by the Legislature of West Virginia:
That article ten, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section one-a, to read as follows:

§61-10-1a. Slot machines unlawful; penalties; seizure and forfeiture; exceptions.

(a) For purposes of this section, "slot machine" means

(b) It is unlawful for a person to own, operate, maintain or allow the use of a slot machine for hire, gain or reward.
(c) It is unlawful for a person to aid or abet a person in owning, operating, maintaining or allowing the use of a slot machine for hire, gain or reward.
(d) It is unlawful for a person who has control or the right of control over premises to own, operate, maintain or allow the use of a slot machine for hire, gain or reward on those premises.
(e) A person convicted of a first offense under subsection (b), (c) or (d) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars, or imprisoned in the county or regional jail not more than one year, or both fined and imprisoned. A person convicted of a second or subsequent offense under subsection (b), (c) or (d) of this section is guilty of a felony and, upon conviction thereof, shall be fined not more than five thousand dollars, or imprisoned in a state correctional facility not less than one nor more than three years, or both fined and imprisoned.
(f) A slot machine or other things of value possessed or used in violation of the provisions of subsection (b), (c) or (d) of this section shall be seized and forfeited to the county in which the seizure was made. Any property so seized which can be used for a lawful purpose may, at the discretion of the court, be used by the county or sold and the proceeds paid into the county treasury. Any property seized which cannot be used for a lawful purpose shall be destroyed. All gaming devices and other equipment seized shall be stored in a manner to protect it from damage and loss until such time as a court of competent jurisdiction shall order its destruction, sale or return. Any item ordered to be returned shall be promptly returned at no cost to the lawful owner.

NOTE: The purpose of this bill is to make it illegal to own or operate "slot machines". The bill also provides for seizure and forfeiture of the machines.

This section is new; therefore, strike-throughs and underscoring have been omitted.