Introduced Version
Senate Bill 543 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 543
(By Senators Burnette, Boley, Mitchell, Oliverio, Helmick and
Rowe)
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[Introduced March 21, 2001; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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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 "gray gambling 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:
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.
§61-10-1a. Gray gambling machines unlawful; penalties; seizure and
forfeiture; exceptions.
(a) For purposes of this section, "gray gambling machine"
means
any video terminal or device, except as provided in
subsection (g) of this section, upon which a person can, in
exchange for payment of a consideration, play: (1) A game of
chance; (2) a game where the outcome is predominantly determined by
chance; (3) a video poker game; or (4) any other kind of video
playing card game, and which awards free-play credits and has any
mechanical or electronic knock-off button or any other device,
feature or design whatsoever allowing those free-play credits to be
cleared by any means whatsoever, other than playing additional
games using those free-play credits.
(b) It is unlawful for a person to own, operate, maintain or
allow the use of a gray gambling 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 gray
gambling 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 gray gambling machine for hire, gain or reward on those premises.
(e) It is unlawful for a corporation to own, operate, maintain
or allow the use of a gray gambling machine for hire, gain or
reward.
(f) 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.
(g) A corporation convicted under subsection (e) of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined as follows: (1) Ten thousand dollars for a first
offense conviction
; (2) twenty-five thousand dollars for a second
offense conviction
; and (3) fifty thousand dollars for a third or
subsequent offense conviction
.
(h) A gray gambling machine, other equipment, money or other things of value possessed or used in violation of the provisions of
subsection (b), (c), (d) or (e) 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.
(i) The provisions of subsection (b), (c), (d) or (e) of this
section do not apply to the following:
(1) Playing an amusement device or machine which allows a
player to engage in a game which predominantly requires skill
rather than chance, confers only an immediate right of replay which
is not exchangeable for something of value other than the privilege
of immediate replay, and does not contain a method or device by
which the privilege of immediate replay may be canceled or revoked;
(2) Pari-mutuel system of wagering upon the results of any horse or dog race as authorized by article twenty-three, chapter
nineteen of this code;
(3) The state operated lottery as authorized by article
twenty-two, chapter twenty-nine of this code;
(4) Video lottery games as authorized by article
twenty-two-a, chapter twenty-nine of this code;
(5) Charitable bingo and raffles as authorized by articles
twenty and twenty-one, chapter forty-seven of this code; or
(6) Automatic weighing, measuring, music and vending machines
which are so constructed as to give a certain uniform and fair
return in value or services for each coin deposited therein and in
which there is no element of chance.
NOTE: The purpose of this bill is to make it illegal to own
or operate "gray gambling machines". The bill also provides for
seizure and forfeiture of the machines.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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