H. B. 2121


(By Delegate Webb)

[Introduced February 14, 2001; referred to the

Committee on the Judiciary then Finance.]





A BILL to amend and reenact section one, article ten, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to gaming; keeping or exhibiting gaming table, machine, or device; providing for misdemeanor penalties; prohibiting certain gaming devices or machines; prohibiting aiding or abetting any person who keeps or maintains certain gaming devices or machines; prohibiting persons from knowingly allowing certain gaming devices or machines to be kept, maintained or used on the property; creating exceptions; providing for seizure and forfeiture; and establishing felony penalties.

Be it enacted by the Legislature of West Virginia:

That section one, article ten, chapter sixty-one of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.

§61-10-1. Keeping or exhibiting gaming table, machine or device; misdemeanor penalties; seizure and forfeiture of table, machine, device and money; aiding or abetting; using premises for gaming; felony penalties.

(a) Any person who shall keep or exhibit a gaming table, commonly called A.B.C. or E.O. table, or faro bank, or keno table, or any slot machine, multiple coin console machine, multiple coin console slot machine or device in the nature of a slot machine, or any other gaming table or device of like kind, under any denomination, or which has no name, whether the game, table, bank, machine or device be played with cards, dice or otherwise, or shall be a partner, or concerned in interest, in keeping or exhibiting such table, bank, machine or gaming device of any character, shall be guilty of a misdemeanor and, upon conviction, shall be confined in jail not less than two nor more than twelve months and be fined not less than one hundred nor more than one thousand dollars. Any such table, faro bank, machine or gaming device, and all money staked or exhibited to allure persons to bet at such table, or upon such gaming device, may be seized by order of a court, or under the warrant of a justice magistrate and the money so seized shall be forfeited to the county and paid into the treasury of the county in which such seizure is made, and the table, faro bank, machine or gaming device shall be completely destroyed: Provided, however, That the provisions of this section shall not extend to coin-operated nonpayout machines with free play feature or to automatic weighing, measuring, musical 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.
(b) Any person who for hire, gain or reward keeps, maintains or allows the use of a gaming device or machine which confers or accumulates the right to replay games which is exchangeable for money, tokens or other things of value, other than the privilege or immediate replay, contains a method or device by which the privilege of immediate replay may be canceled or revoked, and in which chance rather than skill primarily determines whether the player wins or loses is guilty of a felony.
(c) Any person who aides or abets a person who for hire, gain or reward keeps, maintains or allows the use of a gaming device or machine which confers or accumulates the right to replay games which is exchangeable for money, tokens or other thing of value, other than the privilege of immediate replay, contains a method or device by which the privilege of immediate replay may be canceled or revoked, and in which chance rather than skill primarily determines whether the player wins or loses, is guilty of a felony.
(d) Any person who has control or the right of control over premises that are used with that person's knowledge for purposes of keeping, maintaining or allowing the use of a gaming device or machine which confers or accumulates the right to replay games which is exchangeable for money, tokens or other thing of value, other than the privilege of immediate replay, contains a method or device by which the privilege of immediate replay may be canceled or revoked, and in which chance rather than skill primarily determines whether the player wins or loses, is guilty of a felony.
(e) Any person convicted of his or her first violation of subsection (b), (c) or (d) of this section shall, in the discretion of the court, either be confined in a county or regional jail or imprisoned in a state correctional facility for not less than one nor more than three years. Any person convicted of second and subsequent violations of subsection (b), (c) or (d) of this section shall, upon conviction, be imprisoned in a state correctional facility for not less than two nor more than ten years.
(f) Any gaming device, other equipment, money 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.
(f) The provisions of subsections (b), (c), (d) and (e) 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 create felony penalties for owning or allowing use of certain gaming devices or machines. The bill also provides for seizure and forfeiture of money, gaming devices and other equipment used in illegal gaming.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.