Senator Leslie’s SB 777 bill in California had a hearing in committee on May 6 and failed to come out of the Senate Public Safety Committee. In a roll call vote, the bill was received as such:
MOTION: Do pass as amended, and re-refer to the Committee on Appropriations.
(AYES 3. NOES 3.) (FAIL)
AYES: Rainey, Kopp, McPherson
NOES: Vasconcellos, Burton, Watson
ABSENT, ABSTAINING, OR NOT VOTING: Polanco, Schiff
Below is the latest version which was acted on in that motion.
Gambling: interactive computer service or system
BILL NUMBER: SB 777 AMENDED 05/01/97
BILL TEXT
AMENDED IN SENATE MAY 1, 1997
INTRODUCED BY Senator Leslie
FEBRUARY 26, 1997
An act to add Section 337j to the Penal Code, relating to gambling.
LEGISLATIVE COUNSEL'S DIGEST
SB 777, as amended, Leslie. Gambling: {- transmission by
wire -} {+ interactive computer service or system +} .
(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 -} {+ an interactive computer
service or system, as defined, +} 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 -} {+ guilty of a misdemeanor +} .
(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 -} {+
337j. (a) Every person who knowingly uses an interactive computer service or system to engage in gaming, to transmit bets
or wagers, or to receive money or credit as a result of gaming or placing bets or wagers, is guilty of a misdemeanor.
(b) As used in this section:
(1) "Gaming" means to play, for an opportunity to obtain something of value, the award of which is determined by chance,
any type of game that the Legislature is prohibited from authorizing pursuant to either subdivision (a) or (e) of Section
19 of Article IV of the California Constitution, or any type of game prohibited and made unlawful by Chapter 9 (commencing with Section 319) or this chapter.
(2) "Interactive computer service or system" means an information service, system, or access software provider that
provides or enables computer access by multiple users to a computer server, including an information service, system, or
access software provider that provides access to a network system commonly known as the Internet, or any comparable system
or service.
(c) This section does not apply to the California State Lottery. However, nothing in this subdivision shall be construed to make lawful any activity that is prohibited by Chapter 12.5 (commencing with Section 8880) of Division 1 of Title 2 of the Government Code.
(d) Except as provided in subdivision (c), this section does not apply to any type of gambling operation otherwise authorized by law.
(e) Nothing in this section shall be construed to make lawful any activity that is prohibited by any other provision of law. +} {- 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 un 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.