2019 -- H 5757

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LC001421

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- CASINO GAMING

     

     Introduced By: Representatives Fellela, Williams, Serpa, Messier, and Lima

     Date Introduced: February 27, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-61.3-2 of the General Laws in Chapter 42-61.3 entitled "Casino

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Gaming" is hereby amended to read as follows:

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     42-61.3-2. Casino gaming crimes.

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     (a) Definitions as used in this chapter:

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     (1) "Casino gaming" shall have the meaning set forth in § 42-61.2-1(1).

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     (2) "Cheat" means to alter the element of chance, method of selection, or criteria which

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determines:

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     (i) The result of the game;

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     (ii) The amount or frequency of payment in a game, including intentionally taking

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advantage of a malfunctioning machine;

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     (iii) The value of a wagering instrument; or

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     (iv) The value of a wagering credit.

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     (3) "Cheating device" means any physical, mechanical, electromechanical, electronic,

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photographic, or computerized device used in such a manner as to cheat, deceive, or defraud a

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casino game. This includes, but is not limited to:

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     (i) Plastic, tape, string, or dental floss, or any other item placed inside a coin or bill

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acceptor or any other opening in a video-lottery terminal in a manner to simulate coin or currency

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acceptance;

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     (ii) Forged or stolen keys used to gain access to a casino game to remove its contents; and

 

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     (iii) Game cards or dice that have been tampered with, marked, or loaded.

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     (4) "Gaming facility" means any facility authorized to conduct casino gaming as defined

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in § 42-61.2-1(1), including its parking areas and/or adjacent buildings and structures.

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     (5) "Paraphernalia for the manufacturing of cheating devices" means the equipment,

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products, or materials that are intended for use in manufacturing, producing, fabricating,

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preparing, testing, analyzing, packaging, storing, or concealing a counterfeit facsimile of the

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chips, tokens, debit instruments, or other wagering devices approved by the division of state

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lottery or lawful coin or currency of the United States of America. This term includes, but is not

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limited to:

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     (i) Lead or lead alloy molds, forms, or similar equipment capable of producing a likeness

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of a gaming token or United States coin or currency;

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     (ii) Melting pots or other receptacles;

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     (iii) Torches, tongs, trimming tools, or other similar equipment; and

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     (iv) Equipment that can be used to manufacture facsimiles of debit instruments or

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wagering instruments approved by the division of state lottery.

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     (6) "Table game" shall have the meaning set forth in § 42-61.2-1(24).

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     (7) "Wager" means a sum of money or representative of value that is risked on an

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occurrence for which the outcome is uncertain.

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     (b) Prohibited acts and penalties. It shall be unlawful for any person to:

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     (1) Use, or attempt to use, a cheating device in a casino game or to have possession of

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such a device in a gaming facility. Any person convicted of violating this section shall be guilty

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of a felony punishable by imprisonment for not more than ten (10) years or a fine of not more

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than one hundred thousand dollars ($100,000), or both;

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     (2) Use, acquire, or possess paraphernalia with intent to cheat, or attempt to use, acquire,

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or possess, paraphernalia with the intent to manufacture cheating devices. Any person convicted

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of violating this section shall be guilty of a felony punishable by imprisonment for not more than

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ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or both;

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     (3) Cheat, or attempt to cheat, in order to take or collect money or anything of value,

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whether for one's self or another, in or from a casino game in a gaming facility. Any person

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convicted of violating this section shall be guilty of a felony punishable by imprisonment for not

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more than ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or

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both;

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     (4) Conduct, carry on, operate, deal, or attempt to conduct, carry on, operate, or deal, or

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allow to be conducted, carried on, operated, or dealt, any cheating game or device. Any person

 

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convicted of violating this section shall be guilty of a felony punishable by imprisonment for not

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more than ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or

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both;

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     (5) Manipulate or alter or attempt to manipulate or alter, with the intent to cheat, any

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physical, mechanical, electromechanical, electronic, or computerized component of a casino

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game, contrary to the designed and normal operational purpose for the component. Any person

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convicted of violating this section shall be guilty of a felony punishable by imprisonment for not

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more than ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or

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both;

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     (6) Use, sell, or possess, or attempt to use, sell, or possess, counterfeit: coins, slugs,

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tokens, gaming chips, debit instruments, player rewards cards, or any counterfeit wagering

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instruments and/or devices resembling tokens, gaming chips, debit or other wagering instruments

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approved by the division of state lottery for use in a casino game in a gaming facility. Any person

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convicted of violating this section shall be guilty of a felony punishable by imprisonment for not

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more than ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or

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both;

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     (7)(i) Place, increase, decrease, cancel, or remove a wager or determine the course of play

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of a table game, or attempt to place, increase, decrease, cancel, or remove a wager or determine

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the course of play of a table game, with knowledge of the outcome of the table game where such

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knowledge is not available to all players; or

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     (ii) Aid, or attempt to aid anyone in acquiring such knowledge for the purpose of placing,

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increasing, decreasing, cancelling, or removing a wager or determining the course of play of the

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table game. Any person convicted of violating this section shall be guilty of a felony punishable

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by imprisonment for not more than ten (10) years or a fine of not more than one hundred

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thousand dollars ($100,000), or both;

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     (8) Claim, collect, or take, or attempt to claim, collect, or take, money or anything of

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value in or from a casino game or gaming facility, with intent to defraud, or to claim, collect, or

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take an amount greater than the amount won. Any person convicted of violating this section shall

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be guilty of a felony punishable by imprisonment for not more than ten (10) years or a fine of not

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more than one hundred thousand dollars ($100,000), or both;

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     (9) For any employee of a gaming facility or anyone acting on behalf of or at the

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direction of an employee of a gaming facility, to knowingly fail to collect, or attempt to fail to

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collect, a losing wager or pay, or attempt to pay, an amount greater on any wager than required

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under the rules of a casino game. Any person convicted of violating this section shall be guilty of

 

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a felony punishable by imprisonment for not more than ten (10) years or a fine of not more than

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one hundred thousand dollars ($100,000), or both;

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     (10) Directly or indirectly offer, or attempt to offer, to conspire with another, or solicit, or

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attempt to solicit, from another, anything of value, for the purpose of influencing the outcome of

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a casino game. Any person convicted of violating this section shall be guilty of a felony

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punishable by imprisonment for not more than ten (10) years or a fine of not more than one

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hundred thousand dollars ($100,000), or both;

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     (11) Use or possess, or attempt to use or possess, at a gaming facility, without the written

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consent of the director of the division of state lottery, any electronic, electrical, or mechanical

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device designed, constructed, or programmed to assist the user or another person with the intent

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to:

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     (i) Predict the outcome of a casino game;

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     (ii) Keep track of the cards played;

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     (iii) Analyze and/or predict the probability of an occurrence relating to the casino game;

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and/or

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     (iv) Analyze and/or predict the strategy for playing or wagering to be used in the casino

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game. Any person convicted of violating this section shall be guilty of a felony punishable by

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imprisonment for not more than ten (10) years or a fine of not more than one hundred thousand

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dollars ($100,000), or both;

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     (12) Skim, or attempt to skim, casino gaming proceeds by excluding anything of value

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from the deposit, counting, collection, or computation of:

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     (i) Gross revenues from gaming operations or activities;

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     (ii) Net gaming proceeds; and/or

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     (iii) Amounts due the state pursuant to applicable casino gaming-related laws. Any

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person convicted of violating this section shall be guilty of a felony punishable by imprisonment

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for not more than ten (10) years or a fine of not more than one hundred thousand dollars

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($100,000), or both;

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     (13) Cheat, or attempt to cheat, in the performance of his/her duties as a dealer or other

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casino employee by conducting one's self in a manner that is deceptive to the public or alters the

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normal random selection of characteristics or the normal chance or result of the game, including,

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but not limited to, using cards, dice, or any cheating device(s) which have been marked, tampered

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with, or altered. Any person convicted of violating this section shall be guilty of a felony

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punishable by imprisonment for not more than ten (10) years or a fine of not more than one

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hundred thousand dollars ($100,000), or both;

 

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     (14) Possess or use, or attempt to use, without proper authorization from the state lottery

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division, while in the gaming facility any key or device designed for the purpose of or suitable for

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opening or entering any self-redemption unit (kiosk), vault, video-lottery terminal, drop box, or

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any secured area in the gaming facility that contains casino gaming and/or surveillance

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equipment, computers, electrical systems, currency, cards, chips, dice, or any other thing of value.

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Any person convicted of violating this section shall be guilty of a felony punishable by

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imprisonment for not more than ten (10) years or a fine of not more than one hundred thousand

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dollars ($100,000), or both;

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     (15) Tamper and/or interfere, or attempt to tamper and/or interfere, with any casino

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gaming and/or surveillance equipment, including, but not limited to, related computers and

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electrical systems. Any person convicted of violating this section shall be guilty of a felony

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punishable by imprisonment for not more than ten (10) years or a fine of not more than one

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hundred thousand dollars ($100,000), or both;

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     (16) Access, interfere with, infiltrate, hack into, or infect, or attempt to access, interfere

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with, infiltrate, hack into, or infect, any casino gaming-related computer, network, hardware

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and/or software or other equipment. Any person convicted of violating this section shall be guilty

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of a felony punishable by imprisonment for not more than ten (10) years or a fine of not more

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than one hundred thousand dollars ($100,000), or both;

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     (17) Sell, trade, barter, profit from, or otherwise use to one's financial advantage, or

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attempt to sell, trade, barter, profit from, or otherwise use to one's financial advantage, any

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confidential information related to casino-gaming operations, including, but not limited to, data

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(whether stored on a computer's software, hardware, network, or elsewhere), passwords, codes,

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surveillance and security characteristics and/or vulnerabilities, and/or non-public internal

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controls, policies, and procedures related thereto. Any person convicted of violating this section

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shall be guilty of a felony punishable by imprisonment for not more than ten (10) years or a fine

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of not more than one hundred thousand dollars ($100,000), or both;

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     (18) Conduct a gaming operation, or attempt to conduct a gaming operation, where

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wagering is used or to be used without a license issued by or authorization from the division of

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state lottery. Any person convicted of violating this section shall be guilty of a felony punishable

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by imprisonment for not more than ten (10) years or a fine of not more than one hundred

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thousand dollars ($100,000), or both;

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     (19) Provide false information and/or testimony to the division of state lottery,

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department of business regulation, or their authorized representatives and/or the state police while

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under oath. Any person convicted of violating this section shall be guilty of a felony punishable

 

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by imprisonment for not more than ten (10) years or a fine of not more than one hundred

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thousand dollars ($100,000), or both;

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     (20) Play a casino game and/or make a wager, or attempt to play a casino game and/or

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make a wager, if under the age of eighteen (18) twenty-one (21) years. Any person charged under

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this section shall be referred to family court subject to the penalties promulgated in § 42-61.3-5;

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or

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     (21) Permit, or attempt to permit, a person to play a casino game and/or accept, or

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attempt to accept, a wager from a person, if he/she is under the age of eighteen (18) twenty-one

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(21) years. Any person convicted of violating this section be guilty of a misdemeanor punishable

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by imprisonment for not more than one year or a fine of not more than one thousand dollars

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($1,000), or both.

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     SECTION 2. Chapter 42-61.3 of the General Laws entitled "Casino Gaming" is hereby

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amended by adding thereto the following section:

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     42-61.3-5. Gambling by underage persons prohibited -- Civil penalty.

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     (a) No person under the age of twenty-one (21) years old shall attempt or participate in

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any form of legalized gambling found in any casino located in the state.

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     (b) Any minor person who violates this section shall be subject to a civil penalty as

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follows:

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     (1) For a first violation a minor shall receive a mandatory written warning and be

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required to attend the counseling program for problem gamblers available through the casino.

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     (2) For a second and any subsequent violation a minor shall be referred to family court

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for appropriate punishment and be required to attend the counseling program for problem

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gamblers provided by and available through the casino.

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     (c) Any person older than eighteen (18) years of age but younger than twenty-one (21)

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years of age shall be punished as follows:

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     (1) For a first violation a mandatory written warning and be required to attend the

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counseling program for problem gamblers available through the casino.

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     (2) For a second violation a mandatory one hundred dollar ($100) fine and be required to

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attend the counseling program for problem gamblers provided by and available through the

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casino.

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     (3) For a third and subsequent violation a mandatory five hundred dollar ($500) fine and

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be required to attend the counseling program for problem gamblers provided by and available

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through the casino.

 

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- CASINO GAMING

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     This act would prohibit minors under the age of twenty-one (21) years old from engaging

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in any type of legal casino gambling and be subject to civil penalties for violation.

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     This act would take effect upon passage.

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LC001421

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