Delaware General Assembly

Signed 2/1/10

The General Assembly has ended, the current status is the final status.

1/14/10

DeLuca

Rep. Schwartzkopf

Sen. Blevins, Henry, Cook, Sorenson, Bushweller, Ennis, Katz
Reps. Gilligan, Longhurst, Cathcart, D. Short

AN ACT TO AMEND TITLES 11 AND 29 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PROCEDURE AND UNDERAGE LOTTERY GAMING.

This Bill strengthens certain Delaware criminal statutes applicable to conduct that may occur in a table gaming environment. Section 1. This amendment to the definition for "cheating device" broadens the scope of that definition to include cheating devices applicable to table games. The new definition includes cards or dice that have been marked, loaded or tampered with, and clarifies that cheating devices may be mechanical, electromechanical, electronic, photographic or computerized in nature. Section 2. This new definition for "table game" is identical to the definition utilized in Title 29, Chapter 48. Section 3. Sub-paragraphs (a), (c), (d) and (e) of Section 1471 are amended to include table games. Sub-paragraph (c) is also amended to clarify that cheating may be done on behalf of a third party. Sub-paragraph (d) is amended to broaden the prohibition on manipulating components of a table game, and sub-paragraph (e) is amended to broaden the type of instruments that may be counterfeited to include chips and other wagering instruments. Sub-paragraphs (f) - (l) are new and are added to address specific fraudulent activity incident to table games, such as: (f) shuffle fraud, (g) falsely claiming another's winning wager, (h) dealer collusion, (i) posting wagers after the game outcome is known; (j) decreasing wagers after the game outcome is known; (k) solicitation of game fixing; and (l) use of unlawful electronic devices. Section 4. Section 4 alters the penalty structure for theft crimes. Section 1472, as it presently exists, makes all violations of this subchapter class A misdemeanors for first offenses and a class G felonies for second and subsequent offenses. The new section preserves this penalty structure for non-theft table crimes, such as possession and use of a cheating device, use of counterfeits, manipulation of game components, and use of unlawful electronic devices. However, the new section increases the penalties for theft crimes such as cheating, altering bets, dealer collusion, late posting or decreasing of wagers. The enhanced penalties for theft crimes are consistent with the penalties for theft crimes generally, and vary based on the amount of the theft. The new Section 1472 also includes a new penalty for game fixing. Section 5. Because law enforcement officers may not always be on-site to assist in the apprehension of a person committing a violation of Section 1471, this new section gives video lottery agents and their employees or agents the authority to detain patrons for questioning when they have probable cause to believe a violation of that section has occurred. It also provides civil and criminal qualified immunity to the video lottery agent for conducting questioning and detaining a suspect, and requires that law enforcement be summoned without delay and that the video lottery agent post notice of its detention authority. Section 6. Section 6 amends the definition of "money laundering" to including knowingly engaging in a transaction with criminal proceeds with the intent of evading currency transaction reporting requirements. Sections 7-9. Sections 7-9 address a current gap in Delaware law by prohibiting persons from structuring financial transactions or otherwise attempting to evade the filing of a currency transaction report. Section 7 defines "structuring" to include transactions arranged for the purpose of evading currency transaction reporting requirements, such as breaking down transactions into smaller sums or engaging in transactions over a series of days. Section 8 preserves money laundering, as it exists under current law, as a Class D felony. Section 9 creates a new prohibition against causing or attempting to cause a financial institution not to file a currency transaction report or to file a misleading currency transaction report, as well as "structuring" a transaction to avoid a currency transaction report. This new prohibition would be a Class G felony. Sections 10-11. Section 10 enhances the penalties for underage gaming by specifying the penalties for persons under the required age who use the lottery and creating a penalty for video lottery agents who allow underage persons to take part in lottery games. Section 11 allows underage gaming prosecutions to be heard in courts other than Superior Court.

N/A

N/A

Takes effect upon being signed into law

N/A

View HTML View PDF