PRINTER'S NO. 2867
No. 2251 Session of 1995
INTRODUCED BY BATTISTO, CLYMER, SCHULER, M. COHEN, GRUPPO,
BIRMELIN, CURRY AND MERRY, NOVEMBER 27, 1995
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 27, 1995
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further regulating gambling devices.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 5513 of Title 18 of the Pennsylvania
6 Consolidated Statutes is amended to read:
7 § 5513. Gambling devices, gambling, etc.
8 (a) Offense defined.--A person is guilty of a misdemeanor of
9 the first degree if he:
10 (1) intentionally or knowingly makes, assembles, sets
11 up, maintains, sells, lends, leases, gives away, or offers
12 for sale, loan, lease or gift, any punch board, drawing card,
13 slot machine [or any device to be used for gambling
14 purposes], electronic poker, electronic blackjack or similar
15 machine or any device designed and manufactured primarily for
16 use in connection with gambling, except playing cards;
17 (2) allows persons to collect and assemble for the
1 purpose of unlawful gambling at any place under his control;
2 (3) solicits or invites any person to visit any unlawful
3 gambling place for the purpose of gambling; or
4 (4) being the owner, tenant, lessee or occupant of any
5 premises, knowingly permits or suffers the same, or any part
6 thereof, to be used for the purpose of unlawful gambling.
7 (b) Confiscation of gambling devices.--Any gambling device
8 possessed or used in violation of the provisions of subsection
9 (a) of this section shall be seized and forfeited to the
10 Commonwealth. All provisions of law relating to the seizure,
11 summary and judicial forfeiture, and condemnation of
12 intoxicating liquor shall apply to seizures and forfeitures
13 under the provisions of this section.
14 (c) Antique slot machines.--
15 (1) A slot machine shall be established as an antique
16 slot machine if the defendant shows by a preponderance of the
17 evidence that it was manufactured prior to 1941 and that it
18 was not used or attempted to be used for any unlawful
19 purposes. Notwithstanding subsection (b), no antique slot
20 machine seized from any defendant shall be destroyed or
21 otherwise altered until the defendant is given an opportunity
22 to establish that the slot machine is an antique slot
23 machine. After a final court determination that the slot
24 machine is an antique slot machine, the slot machine shall be
25 returned pursuant to the provisions of law providing for the
26 return of property; otherwise, the slot machine shall be
27 destroyed.
28 (2) It is the purpose of this subsection to protect the
29 collection and restoration of antique slot machines not
30 presently utilized for gambling purposes.
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1 (d) Gambling machines or devices.--
2 (1) If a machine or device listed in subsection (a) has
3 the following features or attributes, it shall be
4 conclusively presumed to be designed and manufactured
5 primarily for use in connection with gambling:
6 (i) Consideration for its use.
7 (ii) A result determined more by chance than by
8 skill.
9 (iii) A short time of play, not extensively extended
10 by skill.
11 (iv) Presence of a "knock-down" button or meter, the
12 provision in wiring, circuitry or programming to
13 accommodate the addition of such features or another
14 means of producing the same effect as a "knock-down"
15 button or meter.
16 (v) Potential for a reward or a number of free
17 games.
18 (2) Failure of a machine or device listed in subsection
19 (a) to have one or more of the features or attributes
20 enumerated in paragraph (1) shall not preclude a
21 determination, by virtue of the remaining or other features
22 or attributes, that the machine or device was designed and
23 manufactured primarily for use in connection with gambling.
24 (e) Actual payoffs or actual gambling activity not
25 required.--Evidence of actual payoffs or actual gambling
26 activity shall not be required for convictions or forfeitures
27 under this section.
28 Section 2. This act shall take effect in 60 days.
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