HB41INTRODUCED
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HB41
K9I35UU-1
By Representative Hammett
RFD: Economic Development and Tourism
First Read: 04-Feb-25
PFD: 11-Sep-24
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6 K9I35UU-1 09/05/2024 CMH (L)CMH 2024-2176
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PFD: 11-Sep-24
SYNOPSIS:
Under existing law, lotteries and other forms of
gambling are prohibited criminal acts.
This bill would increase the penalty associated
with various gambling-related crimes and would provide
a heightened penalty for a second or subsequent
conviction.
This bill would further specify that electronic
games of chance, including electronic bingo, video
lottery terminals, and historical simulcast horse
racing machines, are illegal gambling devices
prohibited by law.
This bill would clarify that certain
coin-operated amusement machines are not gambling
devices.
This bill would further provide for the seizure
of unlawful gambling machines and property used to
commit a violation of the gambling laws.
This bill would provide for the revocation of
certain licenses and permits issued by the Alcoholic
Beverage Control Board for a violation of the gambling
laws.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
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language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to gambling; to amend Sections 13A-12-20,
13A-12-21, 13A-12-22, 13A-12-23, 13A-12-24, 13A-12-25,
13A-12-26, 13A-12-27, 13A-12-28, 13A-12-30, and 13A-12-31,
Code of Alabama 1975, and to add Section 13A-12-32 to the Code
of Alabama 19875, to update and further provide for certain
criminal offenses related to gambling; to provide increased
penalties for violations; to exempt coin-operated amusement
machines from the gambling laws; to further provide for the
civil asset forfeiture of certain gambling equipment and
proceeds upon a violation; to provide a procedure to establish
criminal liability of certain owners and operators where
certain criminal activity occurs; to provide for the
revocation of certain licenses and permits issued by the
Alcoholic Beverage Control Board for a violation; and to make
nonsubstantive technical revisions to update the existing code
language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-12-20, 13A-12-21, 13A-12-22,
13A-12-23, 13A-12-24, 13A-12-25, 13A-12-26, 13A-12-27,
13A-12-28, 13A-12-30, and 13A-12-31, Code of Alabama 1975, are
amended to read as follows:
"§13A-12-20
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"§13A-12-20
The following definitions apply to this article:
(1) ADVANCE GAMBLING ACTIVITY. A person "advances
gambling activity" if he engages in conduct that materially
aids any form of gambling activity. Conduct of this nature
includes but is not limited to conduct directed toward the
creation or establishment of the particular game, contest,
scheme, device or activity involved, toward the acquisition or
maintenance of premises, paraphernalia, equipment or apparatus
therefor, toward the solicitation or inducement of persons to
participate therein, toward the actual conduct of the playing
phases thereof, toward the arrangement of any of its financial
or recording phases or toward any other phase of its
operation. A person advances gambling activity if, having
substantial proprietary control or other authoritative control
over premises being used with his knowledge for purposes of
gambling activity, he permits that activity to occur or
continue or makes no effort to prevent its occurrence or
continuation.
(2) BOOKMAKING. Advancing gambling activity by
unlawfully accepting bets from members of the public as a
business, rather than in a casual or personal fashion, upon
the outcome of future contingent events.
(1) COIN-OPERATED AMUSEMENT MACHINES. The term includes
a "crane game machine or device" and a "bona fide
coin-operated amusement machine" as defined under and subject
to the conditions of Section 13A-12-76.
(2) ELECTRONIC GAME OF CHANCE. Any electronic game of
chance, including, but not limited to, pachinko, video lottery
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chance, including, but not limited to, pachinko, video lottery
terminals, video poker machines, electronic bingo machines,
and pari-mutuel wagering on historical horse or dog racing
machines. The term does not include a coin-operated amusement
machine.
(3) CONTEST GAME OF CHANCE. Any contest, game, gaming
scheme, or gaming gambling device in which the outcome depends
in a material degree upon an element of chance,
notwithstanding that skill of the contestants may also be a
factor therein.
(4) GAMBLING ACTIVITY. A person engages in gambling if
he stakes or risks Staking or risking something of value upon
the outcome of a contest game of chance or a future contingent
event not under histhe person's control or influence, upon an
agreement or understanding that hethe person or someone else
will receive something a thing of value in the event of a
certain outcome. The term includes the operation of electronic
games of chance and the selling of lottery tickets.
GamblingThe term does not include bona fide business
transactions valid under the law of contracts, including , but
not limited to, contracts for the purchase or sale at a future
date of securities or commodities, and agreements to
compensate for loss caused by the happening of chance,
including, but not limited to , contracts of indemnity or
guaranty and life, health or accident insurance. The term does
not include raffles used with paper tickets or traditional
paper bingo when conducted in a noncommercial manner.
(5) GAMBLING DEVICE. Any device, machine,
paraphernalia, or equipment that is normally used or usable in
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paraphernalia, or equipment that is normally used or usable in
the playing phases of any gambling activity, including any
electronic device, machine, paraphernalia, or equipment used
in electronically playing any phase of an electronic game of
chance, whether that activity consists of gambling between
persons or gambling by a person involving the playing of a
machine. However,The term does not include lottery tickets ,
paper raffle tickets, coin-operated amusement machines , policy
slips and other items used in the playing phases of lottery
and policy schemes are not gambling devices within this
definition or traditional paper bingo .
(6) INSTANT WIN TICKET. A lottery game in which a
player scratches or otherwise removes anything overlaying
words or symbols to determine if the player has won, as
indicated by the symbols and words that are displayed.
(6)(7) LOTTERY or POLICYLOTTERY GAME. A game of chance
that generally involves the selling of numbered or other
identifiable lottery tickets or instant win tickets and the
drawing or otherwise revealing of winning numbers at random
for the award of a prize. An unlawful gambling scheme in which:
a. The players pay or agree to pay something of value
for chances, represented and differentiated by numbers or by
combinations of numbers or by some other medium, one or more
of which chances are to be designated by the winning ones; and
b. The winning chances are to be determined by a
drawing or by some other fortuitous method; and
c. The holders of the winning chances are to receive
something of value.
(8) LOTTERY TICKET. Any tangible evidence of proof of
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(8) LOTTERY TICKET. Any tangible evidence of proof of
participation in, or a right, privilege, or possibility of
becoming a winner in, a lottery game. The term includes
prepaid Internet minutes, prepaid cellphone minutes, or other
items of nominal value that, when purchased, provide the
holder with a chance to win a prize.
(9) OPERATOR. Any person in control of, or having
responsibility for, the daily operation of a business
establishment or other premises. The term does not include a
store clerk or other employee of the establishment who is
under control or supervision of another person.
(10) OWNER. Any of the following:
a. Any person who owns a business establishment or
other premises.
b. Any mortgagor, lessor, or other person with the
right to possession of a business establishment or other
premises.
c. Any person whose name appears on a lease, alcohol
retail license, or other legal document associated with a
business establishment or other premises.
(7)(11) PARI-MUTUEL, MUTUEL , or THE NUMBERS GAME. A
form of lottery or gambling activity in which the winning
chances or plays are not determined upon the basis of a
drawing or other act on the part of persons conducting or
connected with the scheme, but upon the basis of the outcome
of a future contingent event or events otherwise unrelated to
the particular scheme.
(8)(12) PLAYER. A person who engages in any form of
gambling activity solely as a contestant or bettor, without
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gambling activity solely as a contestant or bettor, without
receiving or becoming entitled to receive any profit therefrom
other than personal gambling winnings, and without otherwise
rendering any material assistance to the establishment,
conduct, or operation of the particular gambling activity.
(9)(13) PROFIT FROM GAMBLING ACTIVITY. A person
"profits from gambling activity" if he accepts or
receivesAccepting or receiving money or other property
pursuant to an agreement or understanding with any person
whereby he shares or is to share in the proceeds of gambling
activity.
(10)(14) SLOT MACHINE. A gambling device that, as a
result of the insertion of a coin or other object, operates,
either completely automatically or with the aid of some
physical act by the player, in such a manner that, depending
upon elements of chance, it may eject something of value. A
device so constructed or readily adaptable or convertible to
such use is no less a slot machine because it is not in
working order or because some mechanical act of manipulation
or repair is required to accomplish its adaptation, conversion
or workability. Nor is it any less a slot machine because
apart from its use or adaptability as such it may also sell or
deliver something of value on a basis other than chance.
(11)(15)SOMETHING THING OF VALUE. Any of the
following: (i) money or property , or; (ii) any token, object ,
or article exchangeable for money or property ; or (iii) any
form of credit or promise directly or indirectly contemplating
transfer of money or property or of any interest therein , or
involving extension of a service entertainment or a privilege
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involving extension of a service entertainment or a privilege
of playing at a game or scheme without charge . The term does
not include a de minimis benefit when considering its value
and the frequency with which it is provided.
(12)(16) UNLAWFUL. Not specifically authorized by law."
"§13A-12-21
(a) A person commits the crime of simple unlawful
gambling if hethe person knowingly advancesparticipates in or
profits from unlawful gambling activity as a player.
(b) It is a defense to a prosecution under this section
that a person charged with being a player the defendant was
engaged in a social game in a private place. The burden of
injecting the issue is on the defendant, but this does not
shift the burden of proof.
(c) Simple gamblingA violation of this section is a
Class C A misdemeanor."
"§13A-12-22
(a) A person commits the crime of promoting gambling
activity if hethe person knowingly advances or profits from
unlawful gambling activity otherwise than as a player or, if
having substantial proprietary control or other authoritative
control over premises being used to conduct unlawful gambling
activity, the person permits unlawful gambling activity to
occur or makes no effort to prevent its occurrence or
continuation.
(b)(1)Promoting gambling is a Class A misdemeanor A
violation of this section is a Class C felony .
(2) Notwithstanding subdivision (1), if a person has a
previous conviction under this article, a violation of this
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previous conviction under this article, a violation of this
section is a Class B felony. "
"§13A-12-23
(a) A person commits the crime of conspiracy to promote
gambling unlawful gambling activities if hethe person
conspires to advance or profit from unlawful gambling activity
otherwise than as a player.
(b) "Conspire" means to engage in activity constituting
a criminal conspiracy as defined in Section 13A-4-3.
(c)(1)Conspiracy to promote gambling is a Class A
misdemeanorA violation of this section is a Class C felony .
(2) Notwithstanding subdivision (1), if a person has a
previous conviction under this article, a violation of this
section is a Class B felony. "
"§13A-12-24
(a) A person commits the crime of possession of
gambling records in the first degree if , with knowledge of the
contents thereof, he the person possesses any writing, paper,
instrument, or article of a kind commonly used in the
operation or promotion of any of the following :
(1) Of a kind commonly used in the operation or
promotion of aA bookmaking scheme or enterprise , and
constituting, reflecting , or representing more than five 10
bets, or more than $500.00one thousand dollars ($1,000) ; or.
(2) Of a kind commonly used in the operation, promotion
or playing of aA lottery, lottery ticket, instant win ticket,
or mutuel pari-mutuel scheme or enterprise , and constituting,
reflecting, or representing more than five50 plays or chances
therein.
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therein.
(3) An unlawful electronic game of chance.
(b)(1) Possession of gambling records in the first
degree is a Class A misdemeanor Class C felony.
(2) Notwithstanding subdivision (1), if a person has a
previous conviction under this article, a violation of this
section is a Class B felony.
(c) In addition to any punishment provided under
subsection (b), a person convicted of violating this section
shall be fined as follows:
(1) One thousand dollars ($1,000) for possession of
less than 100 lottery tickets or instant win tickets.
(2) Two thousand five hundred dollars ($2,500) for
possession of 100 or more lottery tickets or instant win
tickets."
"§13A-12-25
(a) A person commits the crime of possession of
gambling records in the second degree if , with knowledge of
the contents thereof, he the person possesses any writing,
paper, instrument , or article of a kind commonly used in the
operation or promotion of either of the following :
(1) Of a kind commonly and peculiarly used in the
operation or promotion of a A bookmaking scheme or enterprise ;
or.
(2) Of a kind commonly and peculiarly used in the
operation, promotion or playing of a A lottery or
mutuelpari-mutuel scheme or enterprise.
(b)(1) Possession of gambling records in the second
degree is a Class A misdemeanor.
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degree is a Class A misdemeanor.
(2) Notwithstanding subdivision (1), if a person has a
previous conviction under this article, a violation of this
section is a Class C felony. "
"§13A-12-26
A person does not commit the crime of possession of
gambling records in either degree pursuant to Section 13A-12-24
or 13A-12-25 if the writing, paper, instrument , or article
possessed by the defendant is neither used nor intended to be
used in the operation or promotion of a bookmaking scheme or
enterprise, or in the operation, promotion , or playing of a
lottery or mutuel pari-mutuel scheme or enterprise. The burden
of injecting the issue is on the defendant, but this does not
shift the burden of proof."
"§13A-12-27
(a) A person commits the crime of possession of a
gambling device if , with knowledge of the character thereof ,
he or shethe person manufactures, sells, transports, places ,
or possesses, or conducts or negotiates any transaction
affecting or designed to affect the ownership, custody , or use
of, either of the following :
(1) A slot machine, unless exempted pursuant to
subsection (c); or.
(2) Any other gambling device, with the intention that
it be used in the advancement of for unlawful gambling
activity.
(b)(1) Possession of a gambling device is a Class A
misdemeanorC felony. In addition, the person shall be punished
with a fine of one thousand dollars ($1,000) for each slot
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with a fine of one thousand dollars ($1,000) for each slot
machine or other unlawful gambling device in the person's
possession or custody.
(2) Notwithstanding subdivision (1), if a person has a
previous conviction under this article, a violation of this
section is a Class B felony.
(c) The crime of possession of a gambling device does
not apply to a slot machine manufactured before 1960, with the
intention that the slot machine be used only for the personal
and private use of the owner or for public display as a
historical artifact in a manner that the slot machine is not
accessible to the public. "
"§13A-12-28
(a) Proof of possession of any gambling device , as
defined by subdivision (5) of Section 13A-12-20 or any
gambling record specified in Sections 13A-12-24 and 13A-12-25
is prima facie evidence of possession thereof with knowledge
of its character or contents.
(b) In any prosecution under this article in which it
is necessary to prove the occurrence of a sporting event,
either of the following shall be admissible in evidence and
shall constitute prima facie proof of the occurrence of the
event:
(1) aA published report of its occurrence in any daily
newspaper, magazine , or other periodically printed publication
of general circulation , or .
(2) evidenceEvidence that a description of some aspect
of the event was written, printed , or otherwise noted at the
place in which a violation of this chapter is alleged to have
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place in which a violation of this chapter is alleged to have
been committed, shall be admissible in evidence and shall
constitute prima facie proof of the occurrence of the event ."
"§13A-12-30
(a) Any gambling device or gambling record possessed or
used in violation of this article is shall be forfeited to the
state as illegal contraband , and shall by court order be
destroyed or otherwise disposed of as the court directs ,
without the necessity of any secondary civil forfeiture
action. On conviction of the underlying violation of this
article, the defendant shall be required to pay all costs
associated with the seizure, storage, and disposition of the
contraband.
(b) Any vehicle possessed or used in violation of this
article may be forfeited to the state and disposed of by court
order as authorized by law shall be subject to forfeiture
pursuant to the procedures set forth in Section 20-2-93 .
(c) Money used as bets or stakes in gambling activity
in violation of this article is forfeited to the state and by
court order shall be transmitted to the General Fund of the
stateshall be subject to forfeiture pursuant to the procedures
set forth in Section 20-2-93 .
(d) All property that is seized and not required to be
destroyed may be sold. The proceeds from the sale shall be
used first for payment of all proper expenses of the
proceedings for forfeiture and sale, storage expenses,
advertising costs, and court costs. All remaining proceeds and
any money forfeited shall be awarded and distributed by the
court to the seizing agencies or prosecuting authorities that
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court to the seizing agencies or prosecuting authorities that
participated in the investigation, seizure, and litigation. "
"§13A-12-31
(a) The provisions of this article shall not apply to
pari-mutuel betting at in-person, live horse or dog race
meetings authorized by statutelaw. All presently effective
state statutes and laws and locally adopted ordinances and
laws pursuant thereto legalizing, authorizing or allowing
greyhound races and betting or wagering thereon are hereby
expressly and specifically preserved, saved and excepted from
any repealer provisions contained anywhere in the Criminal
Code.
(b) Nothing in this article shall apply to a
coin-operated amusement machine to which both of the following
apply:
a. The machine designed and manufactured only for bona
fide amusement purposes and involves at least some skill in
its operation.
b. For a single play, the winning player is rewarded
exclusively with either of the following:
1. Merchandise contained within the machine itself
which is limited to noncash prizes, toys, or novelties.
2. Tokens or tickets which may be redeemed for
merchandise limited to noncash prizes, toys, or novelties. "
Section 2. Section 13A-12-32 is added to Division 1 of
Article 2 of Chapter 12 of Title 13A, Code of Alabama 1975, to
read as follows:
§13A-12-32
The owner or operator of a business establishment or
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The owner or operator of a business establishment or
other premises may be held criminally liable for a violation
of this division if a violation of this division occurs on the
premises of the business establishment or other premises of
the owner or operator thereof and either of the following
apply:
(1) The owner or operator had actual knowledge of the
violation and allowed or consented to the violation.
(2) The owner or operator was deemed to have
constructive knowledge of the violation and failed to
reasonably cause the violation to cease within the amount of
time provided by written notice of the violation. The owner or
operator of a business establishment or other premises shall
be deemed to have constructive knowledge of a violation upon
any law enforcement agency or prosecutorial entity providing
written notice of the violation and a reasonable opportunity
to cure the violation. The notice may be provided in person or
by certified mail.
Section 3. If a violation of Division 1 of Article 2 of
Chapter 12 of Title 13A, Code of Alabama 1975, is committed by
a licensee or permitee of the Alcoholic Beverage Control Board
or on the business premises of any establishment or premises
licensed or permitted by the board, the court shall forward a
copy of the conviction to the board, and the board shall
revoke the license or permit. The board may not issue a
license or permit for the establishment or premises or to the
holder of license or permit for a period of one year from the
date the license or permit was revoked.
Section 4. This act shall become effective on October
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Section 4. This act shall become effective on October
1, 2025.421