THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY M. O'BRIEN, SCHRODER, YOUNGBLOOD, CLYMER, CALTAGIRONE, COHEN, DALEY, DeLUCA, GOODMAN, KIRKLAND, MURT, READSHAW, STERN, SWANGER, TALLMAN, TAYLOR, THOMAS, VULAKOVICH AND WAGNER, OCTOBER 12, 2011

AS REPORTED FROM COMMITTEE ON GAMING OVERSIGHT, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 2, 2011   

AN ACT

Amending Title 4 (Amusements) of the Pennsylvania Consolidated

Statutes, further providing for prohibited acts and

penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1518(b)(1) of Title 4 of the Pennsylvania

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Consolidated Statutes is amended and subsections (a) and (b) are

amended by adding paragraphs to read:

Section 1.  Section 1518(b)(1) of Title 4 of the Pennsylvania

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Consolidated Statutes is amended, subsection (a) is amended by

adding a paragraph and subsection (c)(1) is amended by adding a

subparagraph to read:

§ 1518.  Prohibited acts; penalties.

(a)  Criminal offenses.--

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(18)  It Notwithstanding any other provision of law, it 

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shall be unlawful for an individual driving or in charge of a

motor vehicle to permit a child under 14 years of age to

remain unattended in the vehicle if the vehicle is located on

property owned, leased or controlled by a licensed facility 

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gaming entity or its affiliate, intermediary, subsidiary or

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holding company. In addition to the penalties in subsection

(b), the individual shall be subject to exclusion or ejection

from licensed facilities under sections 1514 (relating to

regulation requiring exclusion or ejection of certain

persons) and 1515 (relating to repeat offenders excludable

from licensed gaming facility). Notwithstanding any of the

provisions of 18 Pa.C.S. Ch. 91 (relating to criminal history

record information), the chief law enforcement officer of the 

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jurisdiction in which the vehicle is located shall be

responsible for providing written notice of the violation

within 48 hours to the director of the county children and

youth service agency of the county where the individual

resides. The notice shall contain:

(i)  The name of the individual charged under this

section.

(ii)  The address or addresses at which the

individual resides.

(iii)  The name of the child.

(19)  It shall be unlawful for a licensed gaming entity

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to fail to report violations under paragraph (18) to

appropriate law enforcement personnel.

(b)  Criminal penalties and fines.--

(1)  (i)  A person that commits a first offense in

violation of 18 Pa.C.S. § 4902, 4903 or 4904 in

connection with providing information or making any

statement, whether written or oral, to the board, the

bureau, the department, the Pennsylvania State Police,

the Office of Attorney General or a district attorney as

required by this part commits an offense to be graded in

accordance with the applicable section violated. A person

that is convicted of a second or subsequent violation of

18 Pa.C.S. § 4902, 4903 or 4904 in connection with

providing information or making any statement, whether

written or oral, to the board, the bureau, the

department, the Pennsylvania State Police, the Office of

Attorney General or a district attorney as required by

this part commits a felony of the second degree.

(ii)  A person that violates subsection (a)(2)

through (12) or (17) commits a misdemeanor of the first

degree. A person that is convicted of a second or

subsequent violation of subsection (a)(2) through (12) or

(17) commits a felony of the second degree.

(iii)  A person that violates subsection (a)(18)

commits a misdemeanor of the third degree. A person that

is convicted of a second or subsequent violation of

subsection (a)(18) commits a misdemeanor of the second

degree.

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(5)  (i)  For a first violation of subsection (a)(19), a

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licensed gaming entity shall be sentenced to pay a fine

of not less than $75,000 nor more than $150,000.

(ii)  For a second or subsequent violation of

subsection (a)(19), a licensed gaming entity shall be

sentenced to pay a fine of not less than $150,000 nor

more than $300,000.

(c)  Board-imposed administrative sanctions.--

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(1)  In addition to any other penalty authorized by law,

the board may impose without limitation the following

sanctions upon any licensee or permittee:

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(x)  Assess a fine for failure to report a violation

under subsection (a)(18), of which the licensed gaming

entity knew or should have known, to the appropriate law

enforcement authority. The amount of the fine shall be

not less than $75,000 nor more than $150,000 for a first

violation of this subparagraph, and not less than

$150,000 nor more than $300,000 for a second or

subsequent violation of this subparagraph.

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Section 2.  This act shall take effect in 60 days.