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AMENDED--NOT PRINTED IN THE HOUSE
(Amt. No. 1 -- Council\bbm\amend\10671htc02.doc)
February 6, 2002
H. 4476
Introduced by Reps. Harrison, Wilkins, Campsen, Lucas, McLeod and Edge
S. Printed 1/30/02--H.
Read the first time January 9, 2002.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-45 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO GAMBLE MONEY, PROPERTY, OR ANYTHING OF VALUE UPON CERTAIN CONTESTS, GAMES, OR FUTURE EVENTS IN THIS STATE OR AT ANY LOCATION WITHIN THE JURISDICTION OF THIS STATE, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON KNOWINGLY TO OWN, KEEP, OPERATE, MANAGE, OR MAINTAIN A DEVICE OR LOCATION THAT IS USED FOR UNLAWFUL GAMBLING AS PROHIBITED ABOVE, TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION, AND TO PROVIDE EXCEPTIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that there is a need for a comprehensive gambling offense in modern language applicable to all games and all locations subject to the state's jurisdiction. The offenses established by Section 16-19-45 of the 1976 Code, as added by this act, reflect the intent of the General Assembly to provide such an offense. However, by the enactment of this new offense, the General Assembly specifically does not intend to repeal directly or by implication any existing gambling offense.
SECTION 2. Chapter 19, Title 16 of the 1976 Code is amended by adding:
"Section 16-19-45. (A) It is unlawful for a person in this State or at any location within the jurisdiction of this State to gamble, wager, bet, stake, or risk money, property, or anything of value upon the outcome of a contest, game of chance, sports event, or any other current or future contingent event not under the person's control or influence, upon an agreement or understanding that he or another person will receive something of value in the event of a certain outcome. A person who violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
(B)(1) It is unlawful for a person in this State or at any location within the jurisdiction of this State knowingly to own, keep, operate, manage, or maintain a device or location of any kind that is used for a violation of subsection (A) or that is subject to the prohibitions provided in subsection (A). A person who violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned for not more than one year.
(2) Subsection (B)(1) does not apply to persons who own, keep, operate, manage, or maintain a device of any kind that is used for a violation of subsection (A) or that is subject to the prohibitions provided in subsection (A) on or in a vessel within the jurisdiction of this State if:
(a) the vessel is engaged in a voyage that begins and ends in this State and makes an intervening stop; and
(b) any gambling that occurs aboard the vessel occurs only outside the jurisdictional waters of this State.
(3) For purposes of this section, an "intervening stop" occurs when a vessel departs the jurisdictional waters of this State and sails into United States or international waters, and between the time the vessel departs the jurisdictional waters of this State and the time it returns to the jurisdictional waters of this State, the vessel docks at a port of call in another state or possession of the United States or foreign country and remains in that port for a period of time sufficient to allow passengers the opportunity to disembark the vessel for sightseeing, shopping, or other tourism-related activities at that port.
(4) For purposes of this section, a "vessel" means every kind of watercraft used or capable of being used as a means of transportation on or in water, as well as any ship, boat, barge, or other watercraft or any other structure capable of floating on or in the water.
(C) The offenses established by this section do not extend to conducting and participating in lottery games authorized pursuant to Chapter 150 of Title 59 and conducting and participating in bingo games authorized pursuant to Article 24, Chapter 21 of Title 12."
SECTION 3. The enactment of Section 16-19-45 of the 1976 Code, as contained in Section 2 of this act, does not affect pending rights, duties, or liabilities, whether temporary or permanent, civil or criminal, arising under existing state law. Further, the enactment of Section 16-19-45 does not alter, discharge, release, or extinguish any penalty, forfeiture, or liability arising under any existing state law.
The enactment of Section 16-19-45 specifically does not, directly or by implication, amend or repeal any gambling offense existing in state law before the effective date of this act but is instead a completely new offense which those charged with criminal prosecution may employ as they determine appropriate.
SECTION 4. This act takes effect upon approval by the Governor.
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