Bill Text: NY S02476 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to definitions for gambling offenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2011-03-25 - SIGNED CHAP.8 [S02476 Detail]

Download: New_York-2011-S02476-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 2476                                                  A. 2982
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   January 21, 2011
                                      ___________
       IN  SENATE  --  Introduced  by  Sen.  FLANAGAN -- read twice and ordered
         printed, and when printed to be committed to the Committee on Codes
       IN ASSEMBLY -- Introduced by M. of A. LENTOL -- Multi-Sponsored by -- M.
         of A. LAVINE, SCHIMMINGER -- read once and referred to  the  Committee
         on Codes
       AN  ACT  to amend the penal law, in relation to amending the definitions
         for gambling offenses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivisions 7-a and 8 of section 225.00 of the penal law,
    2  subdivision 7-a as added and subdivision 8 as amended by chapter 632  of
    3  the laws of 1987, are amended to read as follows:
    4    7-a.  A  "coin operated gambling device" means a gambling device which
    5  operates as a result of the insertion of something of  value.  A  device
    6  designed,  constructed  or readily adaptable or convertible for such use
    7  is a coin operated gambling device notwithstanding the fact that it  may
    8  require  adjustment, manipulation or repair in order to operate as such.
    9  A MACHINE WHICH AWARDS FREE OR EXTENDED PLAY IS NOT  A  GAMBLING  DEVICE
   10  MERELY  BECAUSE  SUCH  FREE OR EXTENDED PLAY MAY CONSTITUTE SOMETHING OF
   11  VALUE PROVIDED THAT THE OUTCOME DEPENDS UPON THE SKILL OF THE PLAYER AND
   12  NOT IN A MATERIAL DEGREE UPON AN ELEMENT OF CHANCE.
   13    8. "Slot machine" means a gambling device which, as a  result  of  the
   14  insertion  of  a coin or other object, operates, either completely auto-
   15  matically or with the aid of some physical act by the  player,  in  such
   16  manner  that,  depending upon elements of chance, it may eject something
   17  of value. A device so constructed, or readily adaptable  or  convertible
   18  to  such  use,  is  no  less a slot machine because it is not in working
   19  order or because some  mechanical  act  of  manipulation  or  repair  is
   20  required to accomplish its adaptation, conversion or workability. Nor is
   21  it  any  less a slot machine because, apart from its use or adaptability
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08034-01-1
       S. 2476                             2                            A. 2982
    1  as such, it may also sell or deliver something of value on a basis other
    2  than chance.  A machine which sells items of merchandise  which  are  of
    3  equivalent value, is not a slot machine merely because such items differ
    4  from  each  other in composition, size, shape or color. [A machine which
    5  awards free or extended play is not a slot machine merely  because  such
    6  free  or  extended  play may constitute something of value provided that
    7  the outcome depends in a material degree upon the skill  of  the  player
    8  and not in a material degree upon an element of chance.]
    9    S 2. This act shall take effect immediately.