PRINTER'S NO. 2361
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1621
Session of
2015
INTRODUCED BY GINGRICH, HELM, BAKER, MILNE, SAYLOR AND
YOUNGBLOOD, OCTOBER 15, 2015
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, OCTOBER 15, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in sports and amusements, providing
for underage persons in licensed facilities and for underage
gambling; and making an inconsistent repeal.
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:
§ 7108. Underage persons in licensed facilities.
(a) Offense defined.--A person commits a summary offense if
the person, being under 21 years of age, enters and remains in
any area of a licensed facility where slot machines are operated
or the play of table games in conducted.
(b) Exception.--A person 18 to 21 years of age who is
employed by a slot machine licensee, a gaming service provider,
the board or any other regulatory or emergency response agency
may enter and remain in any area of a licensed facility while
acting within the scope of the person's employment or volunteer
duties.
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(c) Diversionary program.--The magisterial district judge or
any judicial authority with jurisdiction over the violation
shall give first consideration to referring a person charged
with a violation of subsection (a) to a diversionary program
under 42 Pa.C.S. § 1520 (relating to adjudication alternative
program) and the Pennsylvania Rules of Criminal Procedure. As
part of the diversionary program, the magisterial district judge
or any judicial authority with jurisdiction over the violation
may order the person to participate in a counseling or treatment
program for problem gambling. The program shall be administered
by the single county authority created pursuant to the act of
April 14, 1972 (P.L.221, No.63), known as the Pennsylvania Drug
and Alcohol Abuse Control Act, or its designee. Upon completion
of the program, the single county authority shall report to the
magisterial district judge or the judicial authority with
jurisdiction over the violation. If the person successfully
completes the diversionary program, the court shall order that
the person's records of the charge of violating this section be
expunged as provided for under section 9122 (relating to
expungement).
(d) Penalties.--A person convicted of an offense under
subsection (a) shall be sentenced as follows:
(1) For a first offense, to pay a fine of not more than
$250.
(2) For a second offense, to pay a fine of not more than
$500 and perform not less than 20 hours of community service.
(3) For a third or subsequent offense, to pay a fine of
not more than $1,000 and perform not less than 50 hours of
community service.
(e) Duties of board.--The board shall place the name of a
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person convicted of an offense under section (a) on the
exclusion list established by the board under 4 Pa.C.S. § 1514
(relating to regulation requiring exclusion or ejection of
certain persons) for the following time periods:
(1) For a first offense, a minimum of six months
commencing on the date the individual reaches 21 years of
age.
(2) For a second offense, a minimum of one year
commencing on the date the individual reaches 21 years of
age.
(3) For a third or subsequent offense, a minimum of two
years commencing on the date the individual reaches 21 years
of age.
A person placed on the exclusion list under this section may not
petition the board for removal from the list until the
expiration of the exclusion period.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Board." The Pennsylvania Gaming Control Board established
under 4 Pa.C.S. § 1201 (relating to Pennsylvania Gaming Control
Board established).
"Licensed facility." As defined in 4 Pa.C.S. § 1103
(relating to definitions).
"Slot machine." As defined in 4 Pa.C.S. § 1103 (relating to
definitions).
"Table game." As defined in 4 Pa.C.S. § 1103 (relating to
definitions).
§ 7109. Underage gambling.
(a) Offense defined.--A person commits a summary offense if
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the person, being under 21 years of age, wagers, plays or
attempts to wager or play a slot machine or table game at a
licensed facility.
(b) Diversionary program.--The magisterial district judge or
any judicial authority with jurisdiction over the violation
shall give first consideration to referring a person charged
with a violation of subsection (a) to a diversionary program
under 42 Pa.C.S. § 1520 (relating to adjudication alternative
program) and the Pennsylvania Rules of Criminal Procedure. As
part of the diversionary program, the magisterial district judge
or any judicial authority with jurisdiction over the violation
may order the person to participate in a counseling or treatment
program for problem gambling. The program shall be administered
by a single county authority created pursuant to the act of
April 14, 1972 (P.L.221, No.63), known as the Pennsylvania Drug
and Alcohol Abuse Control Act, or its designee. Upon completion
of the program, the single county authority shall report to the
magisterial district judge or the judicial authority with
jurisdiction over the violation. If the person successfully
completes the diversionary program, the court shall order that
the person's records of the charge of violating this section be
expunged as provided for under section 9122 (relating to
expungement).
(c) Penalty.--A person convicted of an offense under
subsection (a) shall be sentenced as follows:
(1) For a first offense, to pay a fine of not more than
$500.
(2) For a second offense, to pay a fine of not more than
$1,000 and perform not less than 40 hours of community
service.
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(3) For a third or subsequent offense, to pay a fine of
not more than $2,000 and perform not less than 100 hours of
community service.
(d) Duties of board.--The board shall place the name of an
individual convicted of an offense under subsection (a) on the
exclusion list established by the board under 4 Pa.C.S. § 1514
(relating to regulation requiring exclusion or ejection of
certain persons) for the following time periods:
(1) For a first offense, a minimum of one year
commencing on the date the individual reaches 21 years of
age.
(2) For a second offense, a minimum of two years
commencing on the date the individual reaches 21 years of
age.
(3) For a third or subsequent offense, a minimum of five
years commencing on the date the individual reaches 21 years
of age.
A person placed on the exclusion list under this section may not
petition the board for removal from the list until the
expiration of the exclusion period.
(e) Forfeiture.--Any winnings received by a person from a
wager or play at a licensed facility shall be subject to
forfeiture to the General Fund and the person shall not have a
property right in the winnings.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Board." The Pennsylvania Gaming Control Board established
under 4 Pa.C.S. § 1201 (relating to Pennsylvania Gaming Control
Board established).
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"Licensed facility." As defined in 4 Pa.C.S. § 1103
(relating to definitions).
"Slot machine." As defined in 4 Pa.C.S. § 1103 (relating to
definitions).
"Table game." As defined in 4 Pa.C.S. § 1103 (relating to
definitions).
Section 2. The provisions of 4 Pa.C.S. § 1518(b)(3) are
repealed insofar as they are inconsistent with this act.
Section 3. This act shall take effect in 60 days.
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