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2010 SESSION

10102165D
HOUSE BILL NO. 1010
Offered January 13, 2010
Prefiled January 13, 2010
A BILL to amend and reenact § 18.2-325 of the Code of Virginia, relating to illegal gambling; definitions; free spin devices.
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Patron-- Athey
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Referred to Committee on General Laws
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Be it enacted by the General Assembly of Virginia:

1.  That § 18.2-325 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-325. Definitions.

1. "Illegal gambling" means (i) the making, placing or receipt, of any bet or wager in this the Commonwealth of money or other thing of value, made in exchange for a chance to win a prize, stake or other consideration or thing of value, dependent upon the result of any game, contest or any other event the outcome of which is uncertain or a matter of chance or (ii) risking money or other property for gain, contingent in whole or in part upon lot, chance or the operation of a gambling device, whether such game, contest or event, occurs or is to occur inside or outside the limits of this the Commonwealth.

2. "Interstate gambling" means the conduct of an enterprise for profit which engages in the purchase or sale within the Commonwealth of any interest in a lottery of another state or country whether or not such interest is an actual lottery ticket, receipt, contingent promise to pay, order to purchase, or other record of such interest.

3. "Gambling device" includes:

a. Any device, machine, paraphernalia, equipment, or other thing, including books, records and other papers, which are actually used in an illegal gambling operation or activity, and;

b. Any machine, apparatus, implement, instrument, contrivance, board or other thing, including but not limited to those dependent upon the insertion of a coin or other object for their operation, which operates, either completely automatically or with the aid of some physical act by the player or operator, in such a manner that, depending upon elements of chance, it may eject something of value or determine the prize or other thing of value to which the player is entitled; provided, however, that the return to the user of nothing more than additional chances or the right to use such machine is not deemed something of value within the meaning of this subsection; and provided further, that machines that only sell, or entitle the user to, items of merchandise of equivalent value that may differ from each other in composition, size, shape or color, shall not be deemed gambling devices within the meaning of this subsection;

c. Any mechanism by the operation of which a right to money or other property may be credited, in return for consideration, as the result of the operation of an element of chance; and

d. Any mechanism that, when operated for consideration, does not return the same value or property for the same consideration upon each operation.

Such devices are no less gambling devices if they indicate beforehand the definite result of one or more operations but not all the operations. Nor are they any less a gambling device because, apart from their use or adaptability as such, they may also sell or deliver something of value on a basis other than chance.

4. "Operator" includes any person, firm or association of persons, who conducts, finances, manages, supervises, directs or owns all or part of an illegal gambling enterprise, activity or operation.

2.  That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.