HB414 Alabama 2012 Session

Under existing law, the maximum penalty for the crime of promoting illegal gambling is a Class A misdemeanor, the maximum penalty for the crime of conspiracy to promote gambling is a Class A misdemeanor, the crime of possession of illegal gambling records in the first degree is a Class A misdemeanor, and the maximum penalty for the crime of possession of illegal gambling devices is a Class A misdemeanor

This bill would define the term person as an individual or a corporation or other business entity for purposes of certain gambling crimes

This bill would make the penalty for the crime of promoting illegal gambling a Class C felony, the crime of conspiracy to promote illegal gambling a Class C felony, the penalty for the crime of possession of illegal gambling records in the first degree a Class C felony, and possession of more than 10 slot machines or gambling devices a Class C felony

This bill would allow law enforcement to seize and condemn real property that is being used for the purpose of illegal gambling

This bill would provide that upon conviction, the property of the defendant would then be sold and the proceeds would go to the law enforcement agencies that seized the property

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Sections 13A-12-20, 13A-12-22, 13A-12-23, 13A-12-24, and 13A-12-27, Code of Alabama 1975, relating to gambling; to define person for purposes of certain gambling crimes; to increase the penalties for certain crimes; to authorize certain property used in gambling to be seized and sold; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.