Regular Session 2023-2024 Senate Bill 0969 P.N. 1241

PRINTER'S NO. 1241

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

969

Session of

2023

INTRODUCED BY CAPPELLETTI, COSTA AND TARTAGLIONE,

NOVEMBER 16, 2023

REFERRED TO JUDICIARY, NOVEMBER 16, 2023

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in riot, disorderly conduct and

related offenses, further providing for the offense of

gambling devices, gambling, etc; and imposing penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 5513(a), (e.1) and (f) of Title 18 of the

Pennsylvania Consolidated Statutes are amended and the section

is amended by adding subsections to read:

§ 5513. Gambling devices, gambling, etc.

(a) Offense defined.--[A] Except as provided in subsection

(d.1), 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, skill game or any other device to be used for

gambling purposes, except playing cards;

(1.1) intentionally or knowingly makes, assembles, sets

up, maintains, sells, lends, leases, gives away or offers for

sale, loan, lease or gift any slot machine or hybrid slot

machine in which a combination of the skill of the player and

elements of chance affect the outcome of the game or any

skill slot machine in which the skill of the player rather

than the element of chance is the predominant factor in

affecting the outcome of the game;

(2) allows persons to collect and assemble for the

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.

* * *

(a.2) Family entertainment center.--Notwithstanding

subsection (a), a person operating a family entertainment center

may make skill games available for play if the prize won or

distributed to a player is a noncash, merchandise prize or a

voucher, billet, ticket, token or electronic credit redeemable

only for a noncash, merchandise prize:

(1) the value of which does not exceed the cost of

playing the skill game or the total aggregate cost of playing

multiple skill games;

(2) which is not, and does not include, an alcoholic

beverage;

(3) which is not eligible for repurchase; and

(4) which is not exchangeable for cash, cash equivalents

or anything of value whatsoever.

* * *

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(d.1) Slot machine and skill game penalties.--

(1) A person who violates subsection (a) and whose

violation involves a slot machine or skill game commits a

felony of the third degree and shall, upon conviction, be

sentenced to pay a fine of not more than $25,000 per

violation.

(2) For purposes of the criminal penalties and fines

established under this subsection, each slot machine or skill

game involved in the prohibited activity under subsection (a)

shall constitute a separate violation.

(d.2) Slot machine and skill games enforcement.--

(1) The Office of Attorney General and county district

attorneys shall seek injunctive and other equitable relief

from a court of competent jurisdiction in relation to a

violation of subsection (a) that involves a slot machine or

skill game. A person who violates the terms of an injunction

issued under this paragraph shall forfeit and pay to the

Commonwealth a civil penalty of not more than $5,000 per

violation. Each slot machine or skill game involved in the

violation of the terms of an injunction shall constitute a

separate violation. Civil penalties paid under this paragraph

shall be utilized to defray the costs of enforcement

associated with this subsection.

(2) In an action brought under this subsection, if the

court finds that a person has violated subsection (a) and the

violation involves a slot machine or skill game, the Office

of Attorney General and county district attorneys may recover

a civil penalty of not more than $1,000 per violation, in

addition to any other equitable relief which may be granted

under paragraph (1). Each slot machine or skill game involved

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in the prohibited activity under subsection (a) shall

constitute a separate violation. Civil penalties paid under

this paragraph shall be utilized to defray the costs of

enforcement associated with this subsection.

(d.3) Forfeiture.--

(1) Any skill game, skill video system or skill game

software illegally owned, operated, maintained or placed into

operation in violation of this section 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).

(2) If a person violates subsection (a) and the

violation involves a slot machine or skill game for a second

time, the person shall forfeit any license issued under the

act of April 12, 1951 (P.L.90, No.21), known as the Liquor

Code, any lottery sales agent's license issued under 61 Pa.

Code Ch. 805 (relating to licenses), and any tobacco sales

license issued under section 203-A or 213-A of the act of

April 9, 1929 (P.L.343, No.176), known as The Fiscal Code,

or, if applicable, any tobacco retailer permit issued by a

city of the first class .

(d.4) Surrendering illegal machines.--For a period of 90

days after the effective date of this subsection, any illegal

skill game, skill game device or other skill game equipment may,

without criminal penalty or fine, be surrendered by a person to

the Commonwealth at designated drop-off facilities around this

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Commonwealth as determined by State or local law enforcement.

All games, devices and equipment surrendered shall be recycled

or destroyed at the direction of law enforcement. Costs for this

service shall be covered by fees and taxes generated under

subsection (d.1).

(d.5) Civil actions.--

(1) A civil action may be brought by a holder of any

category of slot machine license issued by the Pennsylvania

Gaming Control Board against a person who illegally conducts

any of the following activities in this Commonwealth:

(i) sells, leases, licenses or otherwise provides

skill game software;

(ii) sells, leases, licenses, provides or otherwise

distributes skill game terminals; or

(iii) possesses and is permitting play of a skill

game terminal.

(2) A person commits a felony of the third degree if the

person performs any of the acts for which a private party may

bring a civil action under paragraph (1).

* * *

(e.1) Construction.--Nothing in this section shall be

construed [to]:

(1) To prohibit any activity that is lawfully conducted

under any of the following:

[(1)] (i) The act of August 26, 1971 (P.L.351,

No.91), known as the State Lottery Law.

[(2)] (ii) The act of July 10, 1981 (P.L.214,

No.67), known as the Bingo Law.

[(3)] (iii) The act of December 19, 1988 (P.L.1262,

No.156), known as the Local Option Small Games of Chance

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Act.

[(4)] (iv) 4 Pa.C.S. (relating to amusements).

(2) To make lawful any activity prohibited under the act

of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.

(3) To prohibit a skill-based contest.

(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:

"Coin-operated amusement game." As defined in 4 Pa.C.S. §

3102 (relating to definitions). A coin-operated amusement game

does not deliver or entitle the person playing or operating the

game to receive cash, cash equivalents or gift cards or

vouchers, billets, tickets, tokens or electronic credits to be

exchanged for cash or to receive merchandise or anything of

value.

"Consideration associated with a related product, service or

activity." Money or other value collected for a product,

service or activity which is offered in any direct or indirect

relationship to playing or participating in the simulated

gambling program. The term includes consideration paid for

computer time, Internet time, telephone calling cards and a

sweepstakes entry.

"Electronic video monitor." An electronic device capable of

showing moving or still images.

"Family entertainment center." A person conducting business

in this Commonwealth which business meets all of the following

criteria:

(1) Is located in a building that is owned, leased or

occupied by the family entertainment center for the primary

purpose of providing amusement and entertainment to the

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public.

(2) Offers coin-operated amusement games, skill games,

arcade games, crane games and video games.

(3) Receives a majority of its gross receipts from the

operation of coin-operated amusement games, skill games,

arcade games, crane games and video games.

(4) Markets its business to families with children.

"Simulated gambling program." Any method intended to be used

by a person interacting with an electronic video monitor in a

business establishment that directly or indirectly implements

the predetermination of sweepstakes cash or cash-equivalent

prizes or otherwise connects the sweepstakes player or

participant with the cash or cash-equivalent prize.

"Skill." The knowledge, dexterity, adroitness, acumen or

other mental or physical ability of an individual.

"Skill-based contest." A competitive event among two or more

individuals or teams of individuals whereby individuals or teams

compete against each other in one or more games utilizing

electronic, computerized or mechanical devices, including, but

not limited to, personal computers and home video consoles, and

meets all of the following criteria:

(1) Winning individuals or teams are determined solely

by the skill of the 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

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consideration paid for entry into the competitive event.

(4) The electronic, computerized 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.

"Skill game." An electronic, computerized, mechanical

contrivance, terminal, machine or other device that requires the

insertion of a coin, currency, ticket, token or similar object

to operate, play or activate a game the outcome of which is

determined by any element of skill of the player and which may

deliver or entitle the person playing or operating the device to

receive cash, cash equivalents or gift cards or vouchers,

billets, tickets, tokens or electronic credits to be exchanged

for cash or to receive merchandise or anything of value, whether

the payoff is made automatically from the device or manually.

"Slot machine." As defined in 4 Pa.C.S. § 1103 (relating to

definitions). The term includes a slot machine that accepts a

credit card or debit card. The term shall not include an antique

slot machine under subsection (c).

Section 2. This act shall take effect in 60 days.

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