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Senate Co-Sponsorship Memoranda
Senate of Pennsylvania
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | November 18, 2013 11:06 AM |
|---|---|
| From: | Senator Vincent J. Hughes |
| To: | All Senate members |
| Subject: | "Increasing Penalties for Underage Gambling" |
| In the near future I will be introducing legislation to increase penalties for underage gambling at Pennsylvania casinos. Problem gambling among teens and young adults has been increasing at alarming rates. According to the International Centre for Youth Gambling Problems and High Risk Behaviors at McGill University, 60-80% of high school students reported having gambled for money in 2012. Approximately 4-6% of these students are considered pathological gamblers, while another 6-8% are at risk of developing a serious gambling problem or show signs of loss of control. Gambling addiction among adolescents and young adults has also has been shown to lead to health and financial problems and increased rates of criminal activity and substance abuse. Studies have also shown that young adults age 18-21 are three times more likely than other groups to have gambling problems. Under Pennsylvania’s Race Horse Development and Gaming Act, underage gambling is a non-gambling summary offense. A first offense is subject to a fine of not less than $200 and not more than $1000, while a second or subsequent offense is punishable by a fine of not less than $500 and not more than $1,500. In addition, a person may be sentenced to perform community service not to exceed 40 hours. I believe these penalties need to be strengthened to provide a further deterrent to individuals under the age of 21 who try to gamble at the Commonwealth’s casinos. My legislation would repeal the provisions of the Gaming Act and amend the Crimes Code (Title 18) to create the offense of underage gambling. The offense would be graded as a summary offense punishable by a fine, mandatory community service, possible suspension of individual’s motor vehicle operating privileges, and mandatory inclusion on the Pennsylvania Gaming Control Board’s casino exclusion list for a period of years beginning when the individual reaches the age of 21. The bill would also authorize a magisterial district justice presiding over the case to require an individual to be evaluated for gambling addiction and to impose court-ordered counseling or treatment as part of any sentence. This language is based on a similar provision currently in Pennsylvania’s DUI law. I believe authorizing a magisterial district justice to require a person to be evaluated for possible gambling addiction may help reduce addiction rates among our young people by providing counseling and treatment they need at an early age. With respect to fines, my proposal would increase the fines to a minimum of $500 and maximum $1,500 for a first offense, a minimum of $1,000 and maximum of $2,000 for a second offense, and a minimum $2,000 and maximum of $3,000 for a third of subsequent offense. In addition, as I believe that one of the most valuable things you can take from a person is their time, my proposal would mandate not less than 40 hours community service for a first offense, not less than 100 hours community service for a second offense, and not less than 200 hours community service for a third or subsequent offense. With respect to motor vehicle operating privileges, the bill would authorize the court to suspend the operating privileges of an individual convicted of underage gambling. Under my plan, a court would be authorized to impose a license suspension for a period not to exceed 90 days for a first offense and 6 months for a second offense. A third or subsequent offense would result in a mandatory minimum license suspension of 1 year with a maximum suspension of 2 years. Allowing a judge the discretion to impose, rather than mandating, a license suspension for a first or second offense would allow him or her to take an individual’s employment or family circumstances into consideration. This may be especially relevant in situations where a person over the age of 18 but under the age of 21 is charged with an offense. Finally, my proposal would require the Pennsylvania Gaming Control Board to place an individual convicted of underage gaming on its casino exclusion list for a mandatory period of time beginning on the individual’s 21st birthday. While the Board currently does this as a matter of course, I believe providing certainty and uniformity in the length of time an individual remains on the exclusion list will provide a further deterrent to underage gamblers. Under my bill, a person convicted of a first offense would be placed on the exclusion list for a period of 2 years, a second offense would result in a 5 year exclusion, and a third offense would result in a 10 year exclusion. I hope you will join me in cosponsoring this important piece of legislation. If you have any questions, please contact my Chief Counsel, Mark Mekilo, at 7-7112 or mmekilo@pasenate.com. |
Introduced as SB667