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California Senator Weighs in on Internet Gambling

Senator Leslie of California introduced a bill February 26, 1997 to add Section 337 to the Penal Code, relating to gambling. Following is the text of Senator Leslie's bill.

SB 777, as introduced, Leslie. Gambling: transmission by wire.

(1) Existing law makes a person who knowingly transmits, by any means whatsoever, information as to the progress or results of a horserace, or information as to wagers, betting odds, changes in betting odds, post or off times, jockey or player changes in any contest or trial, or purported contest or trial, involving humans, beasts, or mechanical apparatus punishable by imprisonment in the county jail for a period of not more than one year or in the state prison.

This bill would make every person who knowingly uses a wire communication facility to engage in gaming, as defined, to conduct any lottery, to transmit bets or wagers, to transmit information in the placing of bets or wagers, or to receive money or credit as a result of gaming, participating in a lottery, or placing bets or wagers, punishable by imprisonment in the county jail for a period of not more than one year or in the state prison.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

SECTION 1. Section 337j is added to the Penal Code, to read:

337j. (a) Every person who knowingly uses a wire communication facility to engage in gaming, to conduct any lottery, to transmit bets or wagers, to transmit information in the placing of bets or wagers, or to receive money or credit as a result of gaming, participating in a lottery, or placing bets or wagers, is punishable by imprisonment in the county jail for a period of not more than one year or in the state prison.

(b) As used in this section, "gaming" means to play a game for money or property.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.

Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.

For updates on this bill, you'll find it at http://www.sen.ca.gov/www/leginfo/SearchText.html#BN and type SB 777 into the search field.

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