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:
ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.
§61-10-1a. Slot machines unlawful; penalties; seizure and forfeiture; exceptions.
(a) For purposes of this section, "slot machine" means
a coin
operated gambling machine that pays off according to the matching
of symbols on wheels spun by a handle which is also referred to as
a "one armed bandit."
(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.