Permits the transportation and possession of a slot machine for the purpose of product development, research, or additional manufacture or assembly.
BILL NUMBER: S3475
TITLE OF BILL : An act to amend the penal law, in relation to the possession of gambling devices
PURPOSE : This bill would allow the transportation and possession of a slot machines under certain circumstances.
SUMMARY OF PROVISIONS : Adds a new subdivision d to section 225.30 of the penal law to allow the transportation and possession of a slot machine for the purposes of product development, research, or additional manufacture or assembly.
JUSTIFICATION : New York businesses that develop software programs for gaming currently are forced to travel out of the state in order to test their games or run the risk of arrest. Allowing for test machines in the New York offices of these businesses would alleviate a great deal of expense and inconvenience.
LEGISLATIVE HISTORY :
2008-07 S.2168 - Referred to Codes 2005-06 S.5733-A - Passed Senate
FISCAL IMPLICATIONS :
None to the State
EFFECTIVE DATE : This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3475 2009-2010 Regular Sessions IN SENATE March 19, 2009 ___________Introduced by Sens. MORAHAN, O. JOHNSON, LARKIN, VOLKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to the possession of gambling devices THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 225.30 of the penal law is amended by adding a new subdivision d to read as follows: D. TRANSPORTATION AND POSSESSION OF A SLOT MACHINE SHALL NOT BE UNLAW- FUL WHERE SUCH SLOT MACHINE WAS TRANSPORTED INTO THIS STATE IN A SEALED CONTAINER AND POSSESSED FOR THE PURPOSE OF PRODUCT DEVELOPMENT, RESEARCH, OR ADDITIONAL MANUFACTURE OR ASSEMBLY, AND SUCH SLOT MACHINE WILL BE OR HAS BEEN TRANSPORTED IN A SEALED CONTAINER TO A JURISDICTION OUTSIDE OF THIS STATE FOR PURPOSES WHICH ARE LAWFUL IN SUCH OUTSIDE JURISDICTION. S 2. Subdivision 1 of section 225.32 of the penal law, as amended by chapter 346 of the laws of 1998, is amended to read as follows: 1. In any prosecution for possession of a gambling device specified in subdivision one of section 225.30 of this
[chapter]ARTICLE, it is an affirmative defense that: (a) the slot machine possessed by the defend- ant was neither used nor intended to be used in the operation or promotion of unlawful gambling activity or enterprise and that such slot machine is an antique; for purposes of this section proof that a slot machine was manufactured prior to nineteen hundred forty-one shall be conclusive proof that such a machine is an antique; (b) the slot machine possessed by the defendant was manufactured or assembled by the defend- ant for the sole purpose of transporting such slot machine in a sealed container to a jurisdiction outside this state for purposes which are lawful in such outside jurisdiction; OR (c) the slot machine possessed by the defendant was neither used nor intended to be used in the opera-EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01895-01-9 S. 3475 2
tion or promotion of unlawful gambling activity or enterprise, is more than thirty years old, and such possession takes place in the defend- ant's home
[; or (d) the slot machine was transported into this state in a sealed container for the purpose of product development, research, or additional manufacture or assembly, and such slot machine will be or has been transported in a sealed container to a jurisdiction outside of this state for purposes which are lawful in such outside jurisdiction]. S 3. This act shall take effect immediately.