Enhanced penalties for illegal gambling to be considered in 2025 —…

An Alabama lawmaker is trying to increase penalties for the illegal gambling operations that plague the state.

The Alabama Legislature tackled several hot-button issues during the 2024 session, but none caused more chaos than a package of gambling bills that sought to legalize and regulate gambling in the state. The proposed package of bills sought to legalize casino gaming in specific locations, establish a statewide lottery and allow online sports betting. It would also have created a gaming commission to regulate gambling operations.

After significant debate, gamesmanship and subsequent gridlock, the House and Senate failed to reach an agreement before the session ended.

While it is unlikely lawmakers will try to tackle the full issue again in 2025, State Rep. Matthew Hammett (R-Dozier) has pre-filed a bill to enhance penalties for the problem the 2024 package sought to address: the preponderance of illegal gambling operations in Alabama.

House Bill 41 (HB41) would increase the penalty associated with certain gambling-related crimes and provide a heightened penalty for a second or subsequent conviction.

It would also further specify that electronic games of chance, including electronic bingo, video lottery terminals, and historical simulcast horse racing machines, are illegal gambling devices prohibited by law. The lack of specificity addressed in this section of state law has led to confusion amongst law enforcement as multiple facilities have used the lack of specificity to skirt the law.

HB41 would increase penalties for certain aspects of illegal gambling, from misdemeanors to felonies. Specifically, promoting gambling activity, conspiracy to promote unlawful gambling activities, and first-degree possession of gambling records would now be Class C felonies, with subsequent violations being Class B felonies.

The bill also levies fines against operators for using illegal gambling machines or lottery tickets. The fine would be $1,000 per illegal gambling machine, $1,000 for possession of fewer than 100 lottery or instant win tickets, and $2,500 for possession of 100 or more.

A person commits the crime of promoting gambling activity if they knowingly profit from unlawful gambling activity other than as a player; if they have control over premises being used to conduct unlawful gambling activity, they permit unlawful gambling activity to occur or make no effort to prevent its occurrence or continuation.

“No matter what side of the gambling issue you were on last session, whether a yes or no, everybody can agree we have a problem with illegal gaming in this state,” Hammett told 1819 News. “This bill just enhances the penalties. If you get caught with a slot machine operation or a running scratch-offs or something like that, instead of a misdemeanor, it’s going to go to a felony.”

“It’s just trying to crack down. I mean, law enforcement and my district attorney actually went to a store, went in, and grabbed them. He just told me, ‘They’ll be back in six months because there’s no incentive for them not to. It’s just a misdemeanor. We’re not going after the clerks or anything like that. We’re trying to go after the operators, the ones that own the businesses that run the illegal gambling operations.”

Part of Hammett’s bill would include a provision authorizing the state to destroy or dispose of any illegal gambling contraband as the court directs without the necessity of any secondary civil forfeiture action. The defendant would have to pay all costs associated with the seizure, storage, and disposal of the contraband.

All seized property that is not destroyed may be sold. The proceeds from the sale shall be used first to pay the expenses of the proceedings for forfeiture and sale, storage expenses, advertising, and court costs. The court shall award and distribute all remaining proceeds and any money forfeited to the seizing agencies or prosecuting authorities.

Related: Illegal gaming machines stolen from Selma bingo hall found in Jefferson County

To connect with the author of this story or to comment, email craig.monger@1819news.com.

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