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:

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

Gaming" is hereby amended to read as follows:

     42-61.3-2. Casino gaming crimes.

     (a) Definitions as used in this chapter:

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

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

determines:

     (i) The result of the game;

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

advantage of a malfunctioning machine;

     (iii) The value of a wagering instrument; or

     (iv) The value of a wagering credit.

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

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

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

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

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

acceptance;

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

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

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

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

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

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

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

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

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

limited to:

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

of a gaming token or United States coin or currency;

     (ii) Melting pots or other receptacles;

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

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

wagering instruments approved by the division of state lottery.

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

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

occurrence for which the outcome is uncertain.

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

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

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

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

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

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

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

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

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

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

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

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

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

both;

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

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

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

both;

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

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

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

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

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

both;

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

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

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

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

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

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

both;

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

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

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

knowledge is not available to all players; or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

to:

     (i) Predict the outcome of a casino game;

     (ii) Keep track of the cards played;

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

and/or

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

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

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

dollars ($100,000), or both;

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

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

     (i) Gross revenues from gaming operations or activities;

     (ii) Net gaming proceeds; and/or

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

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

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

($100,000), or both;

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

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

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

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

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

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

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

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

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

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

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

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

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

dollars ($100,000), or both;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

or

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

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

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

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

($1,000), or both.

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

amended by adding thereto the following section:

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

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

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

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

follows:

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

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

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

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

gamblers provided by and available through the casino.

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

years of age shall be punished as follows:

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

counseling program for problem gamblers available through the casino.

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

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

casino.

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

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

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

***

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

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

     This act would take effect upon passage.

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