STATE OF NEW YORK

        ________________________________________________________________________
 
                                           66
 
                               2007-2008 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 3, 2007
                                       ___________
 
        Introduced  by  Sens.  PADAVAN,  RATH,  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  including  gambling  over
          the internet within provisions of law relating to gambling offenses
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 4, 5 and 7 of section 225.00 of the penal  law
     2  are amended to read as follows:
     3    4.  "Advance gambling activity." A person "advances gambling activity"
     4  when, acting other than as a player, he engages in conduct  which  mate-
     5  rially  aids any form of gambling activity. Such conduct includes but is
     6  not limited to conduct directed toward the creation or establishment  of
     7  the  particular  game,  contest,  scheme,  device  or activity involved,
     8  toward the acquisition or maintenance of premises, paraphernalia, equip-
     9  ment or apparatus therefor, toward the  solicitation  or  inducement  of
    10  persons to participate therein, toward the actual conduct of the playing
    11  phases  thereof,  toward  the  public  endorsement  thereof,  toward the
    12  arrangement of any of its financial or recording phases, or  toward  any
    13  other  phase of its operation, and including gambling over the internet.

    14  "Internet" means the myriad of computer and  telecommunications  facili-
    15  ties,  including  equipment  and  operating software, which comprise the
    16  interconnected worldwide network of  networks  that  employ  the  trans-
    17  mission  control  protocol/internet  protocol,  or  any  predecessor  or
    18  successor protocols to such protocol, to communicate information of  all

    19  kinds  by  wire  or  radio.  One advances gambling activity when, having
    20  substantial proprietary or other  authoritative  control  over  premises
    21  being  used  with  his  knowledge  for purposes of gambling activity, he
    22  permits such to occur or continue or makes  no  effort  to  prevent  its
    23  occurrence or continuation.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00058-03-7

        S. 66                               2
 
     1    5.  "Profit  from  gambling activity." A person "profits from gambling
     2  activity" when, other than as a player, he accepts or receives money  or
     3  other property pursuant to an agreement or understanding with any person
     4  whereby he participates or is to participate in the proceeds of gambling
     5  activity,  including but not limited to an agreement or understanding to
     6  act as an internet service provider. "Internet service  provider"  means

     7  any  information  service,  system,  or  access  software  provider that
     8  provides or enables computer access by  multiple  users  to  a  computer
     9  server,  including specifically a service or system that provides access
    10  to the Internet.
    11    7. "Gambling device"  means  any  device,  machine,  paraphernalia  or
    12  equipment  which is used or usable in the playing phases of any gambling
    13  activity, whether such activity consists of gambling between persons  or
    14  gambling  by  a person involving the playing of a machine, including but

    15  not limited to a computer. Notwithstanding the foregoing, lottery  tick-
    16  ets,  policy slips and other items used in the playing phases of lottery
    17  and policy schemes are not gambling devices.
    18    § 2. This act shall take effect on the first of November next succeed-
    19  ing the date on which it shall have become a law.

 
BILL NUMBER: S66
 
SPONSOR: PADAVAN?????????????


 
TITLE OF BILL:
An act to amend the penal law, in relation to including gambling over
the internet within provisions of law relating to gambling offenses
 
 
PURPOSE:
To clarify that the penal law sections relating to gambling offenses
apply to and include gambling over the Internet; and the public endorse-
ment of illegal Internet gambling.
 
 
SUMMARY OF PROVISIONS:
This legislation would amend penal law section 225.00 to:
 
include the "public endorsement" of illegal gambling in the definition
of to "advance gambling activity";
 
include Internet gambling in the definition of to "advance gambling
activity" and to "profit from gambling activity"; and
 
include a computer used for illegal gambling in the definition of a
"gambling device."
 
 
EXISTING LAW:
Article 225 of the penal law prohibits gambling activity including
promoting gambling and the possession of a gambling device.  These
prohibitions do not explicitly include references to the Internet or to
the use of computers.
 
 
JUSTIFICATION:
Internet gambling is specifically prohibited by federal law, and
involves activity prohibited by the New York State penal law. Neverthe-
less, news reports indicate that Internet gambling is a growing indus-
try. This industry is primarily based offshore; however some activity
occurs within the jurisdiction of the United States and of New York
State, including that of Internet service providers. One recent trend is
the public endorsement of illegal Internet gambling by celebrities and
other public figures. This legislation would clarify existing law to
explicitly include Internet gambling, and its public endorsement, in the
offenses covered by article 225 of the penal law.
 
 
LEGISLATIVE HISTORY:
S.6661-A of 2005-06.
 

 
FISCAL IMPLICATIONS:
None.
 
 
EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become a law.