PRINTER'S NO. 1202
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
969
Session of
2015
INTRODUCED BY HUGHES, TEPLITZ, VULAKOVICH AND BROWNE,
AUGUST 13, 2015
REFERRED TO JUDICIARY, AUGUST 13, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, providing for underage gambling; and
making related repeals.
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 a section to read:
§ 7108. Underage gambling.
(a) Offense defined.--An individual commits a summary
offense if the individual is less than 21 years of age and
wagers, plays or attempts to wager or play a slot machine or
table game at a licensed facility.
(b) Penalty.--An individual who commits an offense under
subsection (a) shall be sentenced as follows:
(1) For a first offense:
(i) a fine of at least $500 and no more than $1,500;
(ii) not less than 40 hours of community service;
and
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(iii) compliance with the problem gambling
evaluation and treatment requirements imposed under
subsection (d).
(2) For a second offense:
(i) a fine of at least $1,000 and no more than
$2,000;
(ii) at least 100 hours of community service; and
(iii) compliance with the problem gambling
evaluation and treatment requirements imposed under
subsection (d).
(3) For a third or subsequent offense:
(i) a fine of at least $2,000 and no more than
$5,000;
(ii) no less than 200 hours of community service;
and
(iii) compliance with the problem gambling
evaluation and treatment requirements imposed under
subsection (d).
(c) Duties of board.--The board shall place the name of an
individual convicted of an offense under this section 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 period of two years
commencing on the date the individual reaches 21 years of
age.
(2) For a second offense, a period of five years
commencing on the date the individual reaches 21 years of
age.
(3) For a third or subsequent offense, a period of 10
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years commencing on the date the individual reaches 21 years
of age.
An individual placed on the exclusion list under this section
shall be ineligible to petition the board for removal from the
list until the expiration of exclusion period under this
section.
(d) Problem gambling evaluation.--If a defendant is
convicted, adjudicated or pleads guilty or no contest to a
violation of this section, the court may delay sentencing,
including admission to an adjudication alternative under
subsection (f), to require the defendant to be evaluated in a
manner deemed appropriate by the court to determine the extent
of the defendant's involvement with gambling and to assist the
court in determining whether there is a need for counseling or
treatment as part of the defendant's sentence or preadjudication
disposition. The evaluation shall be conducted by one of the
following and shall include recommendations for levels of care
and follow-up care and monitoring:
(1) The Department of Health or its designee.
(2) A county agency offering gambling addiction
treatment programs or its designee.
(3) The clinical personnel of a facility licensed by the
Department of Health for the conduct of gambling addiction
treatment programs.
(e) Court-ordered intervention or treatment.--If the court
admits a defendant to an adjudication alternative under
subsection (f) or orders a defendant to attend gambling
addiction counseling or treatment under subsection (d), the
court shall submit a record to the Department of Transportation
advising the department of the order. If the court imposes an
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adjudication alternative or orders gambling addiction counseling
or treatment, a report shall be forwarded to the Department of
Transportation as to whether the defendant successfully
completed the adjudication alternative program or the gambling
addiction counseling or treatment. If a defendant fails to
successfully complete the program, counseling or treatment as
ordered by the court, the defendant's motor vehicle operating
privilege suspension shall remain in effect until the Department
of Transportation is notified by the court that the defendant
successfully completed the program, counseling or treatment and
the defendant is otherwise eligible for restoration of his
operating privilege. In order to implement the recordkeeping
requirements of this section, the Department of Transportation
and the court shall work together to exchange pertinent
information about a defendant's case, including attendance and
completion of the program, counseling or treatment or failure to
complete a program, counseling or treatment.
(f) Preadjudication disposition.--The following apply:
(1) When a person is charged with violating subsection
(a), a court may admit the offender to an adjudication
alternative as authorized in 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) The use of an adjudication alternative shall be
considered a first or subsequent offense, whichever is
applicable, for the purpose of further adjudication under
this section.
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
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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.
"Table game." As defined in 4 Pa.C.S. § 1103.
Section 2. Repeals are as follows:
(1) 4 Pa.C.S. § 1518(a)(13.1) is repealed.
(2) 4 Pa.C.S. § 1518(b)(3) is repealed insofar as it is
inconsistent with this act.
Section 3. This act shall take effect in 60 days.
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