| 47 | | - | SECTION 1. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§712- Operation of illegal gambling businesses. (1) A person commits the offense of operating an illegal gambling business if the person conducts, finances, manages, supervises, directs, or owns all or part of an illegal gambling business. (2) For purposes of this section, "illegal gambling business" means a business that: (a) Advances gambling activity in violation of this part; (b) Involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of the business; and (c) Has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross revenue in excess of $2,000 in any single day. (3) Any property, including real property, gambling devices, paraphernalia used on fighting animals, or birds, implements, furniture, personal property, vehicles, vessels, aircraft, or gambling record possessed or used in violation of this section, or any money or personal property used as a bet or stake in gambling activity in violation of this section, may be ordered forfeited to the State, subject to the requirements of chapter 712A. (4) Operation of an illegal gambling business is a class C felony." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect on March 22, 2075. |
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| 47 | + | SECTION 1. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§712- Operation of illegal gambling businesses. (1) A person commits the offense of operating an illegal gambling business if the person conducts, finances, manages, supervises, directs, or owns all or part of an illegal gambling business. (2) In this section, "illegal gambling business" means a business that: (a) Advances gambling activity in violation of this part; (b) Involves five or more persons who conduct, finance, manage, supervise, direct, or own all or part of such business; and (c) Has been or remains in substantially continuous operation for a period in excess of thirty days or has a gross revenue in excess of $2,000 in any single day. (3) If five or more persons conduct, finance, supervise, direct, or own all or part of a gambling business and such business operates for two or more successive days, then, for the purposes of obtaining warrants for arrest, interceptions, and other searches and seizures, probable cause that the business receives gross revenue in excess of $2,000 in any single day shall have been established. (4) Any property, including real property, gambling devices, paraphernalia used on fighting animals, or birds, implements, furniture, personal property, vehicles, vessels, aircraft, or gambling record possessed or used in violation of this section, or any money or personal property used as a bet or stake in gambling activity in violation of this section, may be ordered forfeited to the State, subject to the requirements of chapter 712A. (5) Operation of an illegal gambling business is a class C felony." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect on July 1, 2023. INTRODUCED BY: _____________________________ |
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