Legistlation

INTRODUCED BY NEILSON, HELM, CONKLIN, SANCHEZ AND HARKINS,
APRIL 6, 2021

REFERRED TO COMMITTEE ON GAMING OVERSIGHT,
APRIL 6, 2021

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(b) of Title 18 of the Pennsylvania Consolidated Statutes is amended and subsection (f) is amended by adding definitions to read: § 5513. Gambling devices, gambling, etc.
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(b) Confiscation of gambling devices or slot machines.–Any gambling device or slot machine possessed or used in violation of the provisions of subsection (a) 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).
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(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.” Any mechanical, electrical or computerized contrivance, terminal, machine or other device which, upon insertion of a coin, currency, ticket, token or similar object therein, is available to play or operate exclusively for recreational or amusement purposes and meets the following criteria:

(1) The contrivance, terminal, machine or device does not offer a cash prize or award or other thing which can be redeemed for cash.

(2) The only prize offered, if any, is a noncash merchandise prize, the value of which is less than or equal to the cost of playing the game, or food or drink of de minimis value.
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“Slot machine.”

(1) The term includes:

(i) Any mechanical, electrical or computerized contrivance, terminal, machine or other device which, 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, is available to play or operate, the play or operation of which, whether by reason of skill or application of the element of chance or both:

(A) May deliver or entitle the person or persons playing or operating the contrivance, terminal, machine or other device to receive cash, billets, tickets, tokens or electronic credits to be exchanged for cash or to receive merchandise or anything of value whatsoever, whether the payoff is made automatically from the machine or manually.

(B) May utilize spinning reels or video displays or both.

(C) May or may not dispense coins, tickets or tokens to winning patrons.

(D) May use an electronic credit system for receiving wagers and making payouts.

(ii) Associated equipment necessary to conduct the operation of the contrivance, terminal, machine or other device.

(2) This term does not include:

(i) A slot machine certified and approved for use by the Pennsylvania Gaming Control Board under 4 Pa.C.S. (relating to amusements).

(ii) An antique slot machine under subsection (c).

(iii) An amusement game.

Section 2. This act shall take effect in 90 days.