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PRINTER'S NO. 1726
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1407
Session of
2019
INTRODUCED BY HAHN, DUNBAR, DeLUCA AND NEILSON, MAY 6, 2019
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, MAY 6, 2019
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in riot, disorderly conduct and
related offenses, further providing for gambling devices,
gambling, etc.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5513(a), (b) and (e.1) of Title 18 of the
Pennsylvania Consolidated Statutes are amended, subsection (f)
is amended by adding definitions and the section is amended by
adding subsections to read:
§ 5513. Gambling devices, gambling, etc.
(a) Offense defined.--A person is guilty of a misdemeanor of
the first degree if he:
(1) intentionally or knowingly makes, assembles, sets
up, maintains, sells, lends, leases, gives away, or offers
for sale, loan, lease or gift, any punch board, drawing
card[, slot machine] or any device to be used for gambling
purposes, except playing cards;
(2) allows persons to collect and assemble for the
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purpose of unlawful gambling at any place under his control;
(3) solicits or invites any person to visit any unlawful
gambling place for the purpose of gambling; or
(4) being the owner, tenant, lessee or occupant of any
premises, knowingly permits or suffers the same, or any part
thereof, to be used for the purpose of unlawful gambling.
This subsection does not apply to slot machines.
* * *
(a.2) Slot machines.--A person commits an offense if he:
(1) intentionally or knowingly makes, assembles, sets
up, maintains, sells, lends, leases, gives away or offers for
sale, loan, lease or gift any slot machine;
(2) allows persons to collect and assemble for the
purpose of gambling with a slot machine at any place under
his control;
(3) solicits or invites any person to visit any unlawful
gambling place for the purpose of gambling with a slot
machine; or
(4) being the owner, tenant, lessee or occupant of any
premises, knowingly permits or suffers the same, or any part
thereof, to be used for the purpose of gambling with a slot
machine.
(a.3) Slot machine penalties.--A person who violates
subsection (a.2):
(1) For a first offense, commits a misdemeanor of the
first degree and shall, upon conviction, be sentenced to a
fine of not less than $5,000.
(2) For a second offense, commits a misdemeanor of the
first degree and shall, upon conviction, be sentenced to a
fine of not less than $10,000.
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(3) For a third or subsequent offense, commits a felony
of the third degree and shall, upon conviction, be sentenced
to a fine of not less than $15,000 and, at the discretion of
the court, an additional fine of not more than $1,000 per day
for each slot machine used for the purpose of gambling.
(a.4) Separate offenses.--For purposes of the criminal
penalties and fines established under subsection (a.3), the
prohibited activity specified in subsection (a.2)(2), (3) and
(4) as it applies to each slot machine shall not be deemed a
separate offense unless the prohibited activity occurs on more
than one day or more than one location.
(b) Confiscation of gambling devices and slot machines.--Any
gambling device or slot machine possessed or used in violation
of the provisions of subsection (a) or (a.2) shall be seized and
forfeited to the Commonwealth. The forfeiture shall be conducted
in accordance with 42 Pa.C.S. §§ 5803 (relating to asset
forfeiture), 5805 (relating to forfeiture procedure), 5806
(relating to motion for return of property), 5807 (relating to
restrictions on use), 5807.1 (relating to prohibition on
adoptive seizures) and 5808 (relating to exceptions).
* * *
[(e.1) Construction.--Nothing in this section shall be
construed to prohibit any activity that is lawfully conducted
under any of the following:
(1) The act of August 26, 1971 (P.L.351, No.91), known
as the State Lottery Law.
(2) The act of July 10, 1981 (P.L.214, No.67), known as
the Bingo Law.
(3) The act of December 19, 1988 (P.L.1262, No.156),
known as the Local Option Small Games of Chance Act.
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(4) 4 Pa.C.S. (relating to amusements).]
(e.2) Construction.--
(1) Nothing in this section shall be construed to
prohibit any activity that is lawfully conducted under any of
the following:
(i) The act of August 26, 1971 (P.L.351, No.91),
known as the State Lottery Law.
(ii) The act of July 10, 1981 (P.L.214, No.67),
known as the Bingo Law.
(iii) The act of December 19, 1988 (P.L.1262,
No.156), known as the Local Option Small Games of Chance
Act.
(iv) 4 Pa.C.S. (relating to amusements).
(2) Nothing in this section shall be construed to make
lawful any activity prohibited under the act of April 12,
1951 (P.L.90, No.21), known as the Liquor Code.
(f) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Amusement game." A mechanical, electrical or computerized
contrivance, terminal, machine or other device that requires the
insertion of a coin, currency, token or similar object to play
or activate a game and meets all of the following criteria:
(1) The outcome of the game is predominantly and
primarily determined by the skill of the player.
(2) Winning the game entitles the player to noncash
prizes, including gift cards or gift certificates that may
not be redeemable for cash, and the value of the noncash
prize does not exceed the cost of playing the game or the
total aggregate cost of playing multiple games.
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* * *
"Gift card." As follows:
(1) Plastic cards or other electronic payment devices
which are:
(i) usable and honored upon presentation at a single
merchant or an affiliated group of merchants that share
the same name, mark or logo, or usable at multiple,
unaffiliated merchants or service providers for the
future purchase or delivery of any goods or services; and
(ii) issued in a specified prepaid amount and may
not be increased in value or reloaded.
(2) The term shall not include general use prepaid cards
or debit cards linked to a deposit account.
"Gift certificate." As follows:
(1) A written promise which is:
(i) usable and honored upon presentation at a single
merchant or an affiliated group of merchants that share
the same name, mark or logo, or usable at multiple,
unaffiliated merchants or service providers for the
future purchase or delivery of any goods or services; and
(ii) issued in a specific prepaid amount and may not
be increased in value or reloaded.
(2) The term shall not include general use prepaid cards
or debit cards linked to a deposit account.
* * *
"Skill." The knowledge, dexterity, adroitness, acumen or
other mental or physical ability of an individual.
"Skill-based contest." A competitive event amongst two or
more individuals or teams whereby individuals or teams compete
against each other in one or more games utilizing electronic,
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computerized or mechanical devices, including, but not limited
to, personal computers and home video game consoles, and meets
all of the following criteria:
(1) Winning individuals or teams are determined solely
by the skill of individuals or teams relative to the skill of
other individuals or teams competing in the competitive
event.
(2) Elements of chance do not affect or have a de
minimis effect on the outcome of the game utilized in the
competitive event.
(3) One or more winning individuals or teams are awarded
a prize, including, cash that may exceed the cost of any
consideration paid for entry into the competitive event.
(4) The electronic or mechanical device utilized in the
competitive event is not a device or game that may only be
operated lawfully by a person with the required authorization
under 4 Pa.C.S.
"Slot machine."
(1) A mechanical, electrical or computerized
contrivance, terminal, machine or other device which:
(i) is used to play or operate a game upon insertion
of a coin, bill, ticket, token or similar object therein
or upon payment of any consideration whatsoever,
including the use of any electronic payment system;
(ii) winning outcomes are determined by the player's
skill or application of the element of chance or both;
and
(iii) awards a winning individual, directly or
indirectly, cash, merchandise or anything of value for
playing or operating the game.
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(2) The term shall not include an antique slot machine
under subsection (c), an amusement game or a device used in a
skill-based contest.
Section 2. This act shall take effect in 60 days.
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