PRINTER'S NO. 1063
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
868
Session of
2015
INTRODUCED BY P. COSTA, D. COSTA, DeLUCA, READSHAW, ACOSTA,
BROWNLEE, COHEN, HELM, MAHONEY, McNEILL, MURT AND SABATINA,
APRIL 1, 2015
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, APRIL 1, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in minors, providing for
misrepresentation of age to participate in gambling
activities and for underage gambling, and further providing
for representing that minor is of age, for inducement of
minors to buy liquor or malt or brewed beverages, for
carrying a false identification card, for restriction of
operating privileges, for predisposition evaluation and for
definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 6307.1. Misrepresentation of age to participate in gambling
activities.
(a) Offense defined.--A person is guilty of a summary
offense for a first violation and a misdemeanor of the third
degree for any subsequent violations if the person:
(1) Being under 21 years of age, knowingly and falsely
represents himself to be 21 years of age or older to an agent
or other person for the purpose of entering or attempting to
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enter a licensed facility or playing, attempting to play,
wagering or attempting to wager on a slot machine or table
game at a licensed facility.
(2) Being under 18 years of age, knowingly and falsely
represents himself to be 18 years of age or older to an agent
or other person for the purpose of wagering on the outcome of
a horse race meeting held at a racetrack or nonprimary
location where pari-mutuel wagering is conducted by a
licensed corporation.
(3) Being under 18 years of age, knowingly and falsely
represents himself to be 18 years of age or older to an agent
or other person for the purpose of purchasing or
participating in games of chance.
(4) Being under 18 years of age, knowingly and falsely
represents himself to be 18 years of age or older to any
agent or other person for the purpose of purchasing a lottery
ticket or share or any similar game, including an instant
game, sponsored by the Pennsylvania State Lottery in
violation of section 309 of the act of August 26, 1971
(P.L.351, No.91), known as the State Lottery Law.
(b) Minimum penalty.--In addition to any other penalty
imposed under section 6310.4 (relating to restriction of
operating privileges), this title or other statute, a person who
is convicted of violating subsection (a) may be sentenced to pay
a fine of not more than $500 for a subsequent violation. A court
may not suspend a sentence imposed under this section.
(c) Adjudication of delinquency.--In addition to any other
disposition authorized by law, a person adjudicated delinquent
under subsection (a) may be ordered to pay a fine not exceeding
$500 for an adjudication of delinquency.
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(d) Preadjudication disposition.--The following apply:
(1) When a person is charged with violating subsection
(a), the court may admit the offender to an adjudication
alternative program under 42 Pa.C.S. § 1520 (relating to
adjudication alternative program) or another preadjudication
disposition, if the offender has not previously received a
preadjudication disposition for violating subsection (a).
(2) For the purpose of further adjudication under this
section or under section 6310.4, the use of a preadjudication
disposition shall be considered a first or subsequent
offense, whichever is applicable.
§ 6308.1. Underage gambling.
(a) Offense defined.--A person commits a summary offense if:
(1) The person, being under 21 years of age, enters or
attempts to enter or is found on the gaming floor or in a
gaming-related restricted area of a licensed facility or
plays, attempts to play, wagers or attempts to wager on a
slot machine or table game at a licensed facility.
(2) The person, being under 18 years of age:
(i) wagers or attempts to wager on the outcome of a
horse race meeting held at a racetrack or nonprimary
location where pari-mutuel wagering is conducted by a
licensed corporation;
(ii) purchases or attempts to purchase or
participate in games of chance; or
(iii) purchases or attempts to purchase a lottery
ticket or share, or a similar game sponsored by the State
Lottery, including an instant game, in violation of
section 301 of the act of August 26, 1971 (P.L.351,
No.91), known as the State Lottery Law.
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(b) Exception.--A person under 21 years of age who is
employed by a licensed gaming entity, a gaming service provider
or the board or another regulatory agency or an employee or
volunteer of a law enforcement or emergency response agency may
enter and remain in an area of a licensed facility while engaged
in the performance of the person's employment or emergency
response duties.
(c) Penalty.--In addition to any other penalty imposed under
this section or section 6310.4 (relating to restriction of
operating privileges), a person convicted of violating
subsection (a) may be sentenced to pay a fine of not more than
$500 for the first violation and not more than $1,000 for the
second and each subsequent violation.
(d) Preadjudication disposition.--The following apply:
(1) When a person is charged with violating subsection
(a), the magisterial district judge may admit the offender
to:
(i) an adjudication alternative authorized under 42
Pa.C.S. § 1520 (relating to adjudication alternative
program); or
(ii) another preadjudication disposition if the
offender has not previously received a preadjudication
disposition for violating subsection (a).
(2) For the purpose of further adjudication under this
section or section 6310.4, the use of a preadjudication
disposition shall be considered a first or subsequent
offense, whichever is applicable.
(e) Notification.--The police department that makes an
arrest for a suspected violation of subsection (a) shall notify
the parents or guardian, if applicable, of the minor charged of
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the arrest.
Section 2. Sections 6309(a), 6310(a), 6310.3(a), 6310.4(a)
and 6310.5(a) of Title 18 are amended to read:
§ 6309. Representing that minor is of age.
(a) Offense defined.--A person is guilty of a misdemeanor of
the third degree if he knowingly, willfully, and falsely
represents to any licensed dealer, agent or other person, any
minor to be of full age, for the purpose of:
(1) inducing any such licensed dealer or other person,
to sell or furnish any liquor or malt or brewed beverages, as
defined in section 6310.6 (relating to definitions), to the
minor[.];
(2) allowing the minor to enter a licensed facility or
to play or wager on a slot machine or table game at a
licensed facility;
(3) allowing the minor to wager on the outcome of a
horse race meeting held at a racetrack or nonprimary location
where pari-mutuel wagering is conducted by a licensed
corporation;
(4) allowing the minor to purchase or participate in
games of chance; or
(5) allowing the minor to purchase a lottery ticket or
share or a similar game, including an instant game, sponsored
by the State Lottery, in violation of section 309 of the act
of August 26, 1971 (P.L.351, No.91), known as the State
Lottery Law.
* * *
§ 6310. Inducement of minors to buy liquor or malt or brewed
beverages or participate in gambling activities.
(a) Offense defined.--A person is guilty of a misdemeanor of
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the third degree if he hires or requests or induces any minor
to:
(1) purchase, or offer to purchase, liquor or malt or
brewed beverages, as defined in section 6310.6 (relating to
definitions), from a duly licensed dealer for any purpose[.];
(2) enter or attempt to enter the gaming area of a
licensed facility or to wager at a slot machine or table
game;
(3) place a wager on the outcome of a horse race meeting
held at a racetrack or nonprimary location where pari-mutuel
wagering is conducted by a licensed corporation; or
(4) purchase or participate in games of chance or
purchase a lottery ticket or share or a similar game,
including an instant game, sponsored by the State Lottery in
violation of section 309 of the act of August 26, 1971
(P.L.351, No.91), known as the State Lottery Law.
* * *
§ 6310.3. Carrying a false identification card.
(a) Offense defined.--A person commits a summary offense for
a first violation and a misdemeanor of the third degree for any
subsequent violation if he[,]:
(1) being under 21 years of age, possesses an
identification card falsely identifying that person by name,
age, date of birth or photograph as being 21 years of age or
older [or];
(2) being under 21 years of age, obtains or attempts to
obtain liquor or malt or brewed beverages by using the
identification card of another or by using an identification
card that has not been lawfully issued to or in the name of
that person who possesses the card[.];
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(3) being under 21 years of age, enters or attempts to
enter a licensed facility or plays or wagers on a slot
machine or table game at a licensed facility by using the
identification card of another or an identification card that
was not lawfully issued to or in the name of the person who
possesses the card;
(4) being under 18 years of age, wagers on the outcome
of a horse race meeting held at a racetrack or nonprimary
location where pari-mutuel wagering is conducted by a
licensed corporation by using the identification card of
another or an identification card that was not lawfully
issued to or in the name of the person who possesses the
card;
(5) being under 18 years of age, purchases or
participates in games of chance by using the identification
card of another or by using an identification card that has
not been lawfully issued to or in the name of that person who
possesses the card; or
(6) being under 18 years of age, purchases a lottery
ticket or share or a similar game, including an instant game,
sponsored by the State Lottery, in violation of section 309
of the act of August 26, 1971 (P.L.351, No.91), known as the
State Lottery Law, by using the identification card of
another or an identification card that was not lawfully
issued to or in the name of the person who possesses the
card.
* * *
§ 6310.4. Restriction of operating privileges.
(a) General rule.--Whenever a person is convicted or is
adjudicated delinquent or is admitted to any preadjudication
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program for a violation of section 6307 (relating to
misrepresentation of age to secure liquor or malt or brewed
beverages), 6307.1 (relating to misrepresentation of age to
participate in gambling activities), 6308 (relating to purchase,
consumption, possession or transportation of liquor or malt or
brewed beverages), 6308.1 (relating to underage gambling) or
6310.3 (relating to carrying a false identification card), the
court, including a court not of record if it is exercising
jurisdiction pursuant to 42 Pa.C.S. § 1515(a) (relating to
jurisdiction and venue), shall order the operating privilege of
the person suspended. A copy of the order shall be transmitted
to the Department of Transportation.
* * *
§ 6310.5. Predisposition evaluation.
(a) General rule.--If an individual is convicted,
adjudicated delinquent or offered preadjudication disposition
for a violation of section 6307 (relating to misrepresentation
of age to secure liquor or malt or brewed beverages), 6307.1
(relating to misrepresentation of age to participate in gambling
activities), 6308 (relating to purchase, consumption, possession
or transportation of liquor or malt or brewed beverages), 6308.1
(relating to underage gambling) or 6310.3 (relating to carrying
a false identification card), the following shall apply:
(1) For a first violation of any of the preceding
offenses, the court may, in addition to other requirements,
require the individual to be evaluated prior to an
adjudication of delinquency, sentencing or receiving
preadjudication disposition.
(2) For a subsequent violation of any of the preceding
offenses, the court shall, in addition to other requirements,
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require the individual to be evaluated prior to sentencing or
receiving preadjudication disposition.
(3) Evaluation under this subsection may consist of
evaluation techniques if deemed appropriate by the court to
determine the extent of the individual's involvement with
alcohol.
* * *
Section 3. Section 6310.6 of Title 18 is amended by adding
definitions to read:
§ 6310.6. Definitions.
The following words and phrases when used in sections 6307
(relating to misrepresentation of age to secure liquor or malt
or brewed beverages) through 6310.3 (relating to carrying a
false identification card) shall have the meanings given to them
in this section unless the context clearly indicates otherwise:
"Agent." An employee, representative or contractor of:
(1) a licensed gaming entity or licensed racing entity;
(2) the State Horse and Harness Racing Commission;
(3) the Pennsylvania State Police or another law
enforcement agency;
(4) an eligible organization, tavern or restaurant that
is licensed to conduct games of chance under the act of
December 19, 1988 (P.L.1262, No.156), known as the Local
Option Small Games of Chance Act; or
(5) a lottery sales agent licensed in accordance with
the act of August 26, 1971 (P.L.351, No.91), known as the
State Lottery Law.
"Board." As defined in 4 Pa.C.S. § 1103 (relating to
definitions).
* * *
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"Gaming service provider." As defined in 4 Pa.C.S. § 1103.
"Games of chance." As defined in section 103 of the act of
December 19, 1988 (P.L.1262, No.156), known as the Local Option
Small Games of Chance Act.
* * *
"Licensed corporation." As defined under section 102 of the
act of December 17, 1981 (P.L.435, No.135), known as the Race
Horse Industry Reform Act.
"Licensed facility." As defined in 4 Pa.C.S. § 1103.
"Licensed gaming entity." As defined in 4 Pa.C.S. § 1103.
"Licensed racing entity." As defined in 4 Pa.C.S. § 1103.
* * *
"Nonprimary location." As defined under section 102 of the
act of December 17, 1981 (P.L.435, No.135), known as the Race
Horse Industry Reform Act.
"Other regulatory agency." The Pennsylvania State Police,
the Office of Attorney General and the Department of Revenue.
"Racetrack." As defined under section 102 of the act of
December 17, 1981 (P.L.435, No.135), known as the Race Horse
Industry Reform Act.
"Slot machine." As defined in 4 Pa.C.S. § 1103.
"Table game." As defined in 4 Pa.C.S. § 1103.
Section 4. This act shall take effect in 60 days.
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