The bill would amend various codes as they relate to local option elections to legalize or prohibit the operation of eight-liners. The provisions of the bill that create new offenses, enhance the punishment for criminal offenses, or expand the penalty range for existing offenses are the subject of this analysis. Under the provisions of the bill, misrepresenting the purpose or effect of a petition with respect to eight-liners would be punishable as a Class B Misdemeanor. The bill would also define eight-liners add them to the list of gambling devices.  Under the provisions of the bill, gambling promotion, keeping a gambling place, or possession of a gambling device, equipment or paraphernalia would be punishable at various levels (from a Class A Misdemeanor to a second degree felony) and depend on how much the monetary prize or value of goods was for a single play. At present, gambling promotion, keeping a gambling place, and possession of a gambling device, equipment or paraphernalia are class A misdemeanors.

 
A Class B Misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and/or a fine not to exceed $2,000. A Class A Misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post conviction community supervision). A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000. A felony of the second degree is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000. The bill would also provide for and remove certain defenses to prosecution.

 
Increasing the penalty for or expanding the penalty range of any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the state due to longer terms of probation, or longer terms of confinement in county jails, state jails, or prison. In fiscal year 2012, 85 people were arrested and 41 people were placed on misdemeanor community supervision for gambling promotion. In fiscal year 2012, 74 people were arrested and 26 people were placed on misdemeanor community supervision for keeping a gambling place. In fiscal year 2012, 199 people were arrested and 39 people were placed on misdemeanor community supervision for possession of a gambling device, equipment, or paraphernalia. Although the value of the prize (monetary or value of goods) is unknown for these offenses, it is assumed 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.