A bill introduced in Alabama wants to clarify the definition of illegal gambling in the state and increase penalties for those who engage in the activity.
Noting that lotteries and other forms of gambling are prohibited criminal acts under existing Alabama law, Rep. Matthew Hammett’s HB 41 defines gambling activity as risking something of value on the outcome of an event or game that is not under the player’s control or influence for a chance to win a thing of value.
It states that under that definition, electronic games of chance including electronic bingo, video lottery terminals (VLTs) and historical simulcast horse racing machines (HHR) would also be strictly considered to be illegal gambling devices prohibited by law.
The bill adds that “the provisions of this article shall not apply to pari-mutuel betting at in-person, live horse or dog race meetings authorized by law.” Coin-operated amusement machines such as crane games would also be allowed, as they are defined as involving an element of skill.
Bill would add ‘some teeth’ with stronger penalties
The bill documentation also lays out that the legislation would re-classify some gambling misdemeanors as felony crimes, such as promoting gambling activity and conspiracy to commit gambling offenses. It also advocates for an increase in the penalty associated with various gambling-related crimes, as well as a heightened penalty for subsequent convictions.
For example, permitting or allowing gambling in a place a person controls would be a Class C felony and a Class B felony on further offenses, as would a crime of conspiracy to commit gambling offenses. Possession of a gambling device would be a Class C felony for all first and subsequent offenses.
HB41 would also mean that business owners and operators could be found guilty of an offense even if they were not fully aware of the illegal gambling on their property, as long as they were proven to have failed to intervene despite having “constructive knowledge” of gambling activities or devices.
Hammett told the Alabama Reflector the bill is a way to add “some teeth” to the law with stronger penalties. He said that while it clarifies what constitutes illegal gambling devices and illegal gambling activity in the state, it doesn’t make anything illegal that wasn’t previously prohibited.
HB 41 was pre-filed on Sept. 11 and is currently set for its first reading in February 2025. If passed, it would take effect on Oct. 1, 2025.
Alabama legal gambling push dies in state Senate
The latest gambling filing comes after Alabama lawmakers’ quest to legalize a package of gaming offerings including a state lottery failed to pass before the end of the legislative session in May.
HB 151 and HB 152 would have allowed for a state education lottery as well as electronic games of chance, raffles and paper bingo at seven dog racing or bingo locations across the state, as well as letting Alabama residents participate in national lotteries including the Mega Million and Powerball lotteries. The package also would have created the Alabama Gaming Commission to regulate the approved forms of gambling, and revenue would have been funneled into educational measures.
The package overwhelmingly passed in the Alabama House 72-29 but a significantly amended version did not get approval in the Senate before the session concluded. That means Alabama’s 25-year stalemate on gaming legislation will continue into 2025.
Rep. Hammett voted against that plan, but stressed that “whether you were yes or no, everybody agreed there’s a problem in this state with illegal gambling.”
