S917
Memo:
BILL NUMBER: S917
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PURPOSE OF BILL:
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Prohibits the use of computer systems or storage media, including the internet, in furtherance of illegal gambling or possession of gambling records.
SUMMARY OF SPECIFIC PROVISIONS:
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Section 1 amends Penal Law §225.00 by adding a new subdivision 13, which shall include "access software" within the definitions applicable to Article 225.
Section 2 amends Penal Law §225.15 to provide that possession of gambling records in the second degree shall include computer communication systems and electronic mediums.
Section 3 adds a new provision to the Penal Law which shall be codified as § 225.45 and includes categories of exempt and non-exempt individuals.
Section 4 adds a new provision to the Penal Law which shall be codified as §225.5 and provides that employers shall not be held liable under the bill but that conspirators and persons who knowingly advertise such activities shall be held accountable.
Section 5 provides for the effective date.
JUSTIFICATION:
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Computer access and the dissemination of information through the internet is rapidly expanding each day. The wealth of opportunities for researching are unlimited. Although the vast majority of information
sources are responsible entities, internet access also provides open communication lines for inappropriate contacts as well such as the dissemination of information and receiving of wagers on illegal gambling
activities.
This bill clarifies existing law by specifically making it unlawful for any person or organization to utilize internet access to further illegal gambling activities. In addition, it expands possession of gambling
devices in the second degree to include computer systems and also exempts certain individuals from liability.
EFFECTIVE DATE:
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This act shall take effect on the first day of November next succeeding the date on which it shall have become a law.
Status:
S 917 LARKIN
Penal Law
TITLE.... Prohibits the use of computer systems or storage media, including the internet, in furtherance of illegal gambling or possession of gambling records
01/12/99 REFERRED TO CODES
Text:
STATE OF NEW YORK
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917
1999-2000 Regular Sessions
IN SENATE
January 12, 1999
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Introduced by Sens. LARKIN, HANNON, KUHL, LEIBELL, MALTESE, SEWARD, TRUNZO, VOLKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to prohibiting possession of electronic or computerized gambling records and prohibiting computerized gambling
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 225.00 of the penal law is amended by adding a new
2 subdivision 13 to read as follows:
3 13. THE TERM "ACCESS SOFTWARE" MEANS SOFTWARE (INCLUDING CLIENT OR
4 SERVER SOFTWARE) OR ENABLING TOOLS THAT DO NOT CREATE OR PROVIDE THE
5 CONTENT OF THE COMMUNICATION BUT THAT ALLOW A USER TO DO ANY ONE OR MORE
6 OF THE FOLLOWING:
7 (A) FILTER, SCREEN, ALLOW OR DISALLOW CONTENT;
8 (B) PICK, CHOOSE, ANALYZE OR DIGEST CONTENT; OR
9 (C) TRANSMIT, RECEIVE, DISPLAY, FORWARD, CACHE, SEARCH, SUBSET, ORGAN-
10 IZE, REORGANIZE OR TRANSLATE CONTENT.
11 § 2. Section 225.15 of the penal law, as amended by chapter 974 of the
12 laws of 1969, is amended to read as follows:
13 § 225.15 Possession of gambling records in the second degree.
14 A person is guilty of possession of gambling records in the second
15 degree when, with knowledge of the contents or nature thereof, he
16 possesses any writing, paper, instrument or article:
17 1. Of a kind commonly used in the operation or promotion of a bookmak-
18 ing scheme or enterprise[; or].
19 2. Of a kind commonly used in the operation, promotion or playing of a
20 lottery or policy scheme or enterprise; except that in any prosecution
21 under this subdivision, it is a defense that the writing, paper, instru-
22 ment or article possessed by the defendant constituted, reflected or
23 represented plays, bets or chances of the defendant himself in a number
24 not exceeding ten.
PAGE-2
1 3. Of any paper or paper product in sheet form chemically converted to
2 nitrocellulose having explosive characteristics.
3 4. Of any water soluble paper or paper derivative in sheet form.
4 5. IN THE NATURE OF ANY COMPUTER COMMUNICATION SYSTEM OR ELECTRONIC
5 DATA STORAGE MEDIUM ALLOWING THE INPUT, OUTPUT, EXAMINATION OR TRANSFER,
6 OF COMPUTER DATA OR COMPUTER PROGRAMS FROM ONE COMPUTER TO ANOTHER, TO
7 ADVANCE OR PROFIT FROM GAMBLING ACTIVITY.
8 Possession of gambling records in the second degree is a class A
9 misdemeanor.
10 § 3. The penal law is amended by adding a new section 225.45 to read
11 as follows:
12 § 225.45 COMPUTERIZED GAMBLING; NO DEFENSE.
13 ANY OFFENSE DEFINED IN THIS ARTICLE WHICH CONSISTS OF THE COMMISSION
14 OF ACTS INVOLVING THE USE OF ANY COMPUTER COMMUNICATION SYSTEM OR ELEC-
15 TRONIC DATA STORAGE MEDIUM ALLOWING THE INPUT, OUTPUT, EXAMINATION OR
16 TRANSFER, OF COMPUTER DATA OR COMPUTER PROGRAMS FROM ONE COMPUTER TO
17 ANOTHER, TO ADVANCE OR PROFIT FROM GAMBLING ACTIVITY IS NO LESS CRIMINAL
18 BECAUSE ONE OR MORE OF SUCH ACTS IS COMMITTED WITHOUT THE STATE AND IS
19 NOT VIOLATIVE OF THE LAWS OF THE JURISDICTION IN WHICH IT WAS SO COMMIT-
20 TED.
21 § 4. The penal law is amended by adding a new section 225.50 to read
22 as follows:
23 § 225.50 COMPUTERIZED GAMBLING; LIMITATIONS.
24 IN ANY PROSECUTION FOR POSSESSION OF GAMBLING RECORDS IN THE SECOND
25 DEGREE PURSUANT TO SUBDIVISION FIVE OF SECTION 225.15 OF THIS ARTICLE OR
26 ELSEWHERE DEFINED IN THIS ARTICLE AND SUBJECT TO THE QUALIFICATION OF
27 COMPUTERIZED GAMBLING PURSUANT TO SECTION 225.45 OF THIS ARTICLE:
28 1. NO PERSON SHALL BE HELD TO HAVE VIOLATED SUCH PROVISIONS SOLELY FOR
29 PROVIDING ACCESS OR CONNECTION TO OR FROM A FACILITY, SYSTEM, OR NETWORK
30 NOT UNDER THAT PERSON'S CONTROL, INCLUDING TRANSMISSION, DOWNLOADING,
31 INTERMEDIATE STORAGE, ACCESS SOFTWARE, OR OTHER RELATED CAPABILITIES
32 THAT ARE INCIDENTAL TO PROVIDING SUCH ACCESS OR CONNECTION THAT DO NOT
33 INCLUDE THE CREATION OF THE CONTENT OF THE COMMUNICATION.
34 (A) THE LIMITATIONS PROVIDED BY THIS SUBDIVISION SHALL NOT BE APPLICA-
35 BLE TO A PERSON WHO IS A CONSPIRATOR WITH AN ENTITY ACTIVELY INVOLVED IN
36 THE CREATION OR KNOWING DISTRIBUTION OF COMMUNICATIONS THAT VIOLATE SUCH
37 PROVISIONS, OR WHO KNOWINGLY ADVERTISES THE AVAILABILITY OF SUCH COMMU-
38 NICATIONS.
39 (B) THE LIMITATIONS PROVIDED BY THIS SUBDIVISION SHALL NOT BE APPLICA-
40 BLE TO A PERSON WHO PROVIDES ACCESS OR CONNECTION TO A FACILITY, SYSTEM,
41 OR NETWORK ENGAGED IN THE VIOLATION OF SUCH PROVISIONS THAT IS OWNED OR
42 CONTROLLED BY SUCH PERSON.
43 2. NO EMPLOYER SHALL BE HELD LIABLE UNDER SUCH PROVISIONS FOR THE
44 ACTIONS OF AN EMPLOYEE OR AGENT UNLESS THE EMPLOYEE'S OR AGENT'S
CONDUCT
45 IS WITHIN THE SCOPE OF HIS EMPLOYMENT OR AGENCY AND THE EMPLOYER HAVING
46 KNOWLEDGE OF SUCH CONDUCT, AUTHORIZES OR RATIFIES SUCH CONDUCT, OR RECK-
47 LESSLY DISREGARDS SUCH CONDUCT.
48 § 5. This act shall take effect on the first day of November next
49 succeeding the date on which it shall have become a law.