Honorable Robert Duncan, Chair, Senate Committee on State Affairs
FROM:
John S. O'Brien, Director, Legislative Budget Board
IN RE:
SB309 by Jackson, Mike (Relating to the licensing and regulation of amusement redemption machines at certain locations; providing criminal penalties.), As Introduced
The provision of the bill that is the subject of this analysis would amend the Occupations Code by providing criminal penalties for knowingly operating or allowing the operation of more than 10 amusement redemption machines on the premises for which a location license is not in effect, or fails to display a location license or maintain the records as required by the bill. The offense would be punishable as a Class A misdemeanor, except that an offense would be punishable as a state jail felony if it is shown on the trial of the offense that at the time the offense was committed the person possessed on the premises one or more gambling device items or paraphernalia as described in the Penal Code.
A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year, a fine not to exceed $4,000, or both fine and imprisonment.
A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.
For this analysis it is assumed that the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.