Bill Text: PA HB120 | 2011-2012 | Regular Session | Amended

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Bill Title: Further providing for prohibited acts and penalties.

Spectrum: Slight Partisan Bill (Democrat 13-8)

Status: (Engrossed - Dead) 2011-12-07 - Referred to COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT [HB120 Detail]

Download: Pennsylvania-2011-HB120-Amended.html

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PRIOR PRINTER'S NOS. 2533, 2692 PRINTER'S NO. 2766
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 120 Session of2011
INTRODUCED BY M. O'BRIEN, SCHRODER, YOUNGBLOOD, CLYMER, CALTAGIRONE, COHEN, DALEY, DeLUCA, GOODMAN, KIRKLAND, MURT, READSHAW, STERN, SWANGER, TALLMAN, TAYLOR, THOMAS, VULAKOVICH, WAGNER AND HORNAMAN, OCTOBER 12, 2011
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, NOVEMBER 16, 2011
AN ACT
Amending Title 4 (Amusements) of the Pennsylvania Consolidated
Statutes, further providing for prohibited acts and
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1518(b)(1) of Title 4 of the Pennsylvania
Consolidated Statutes is amended, subsection (a) is amended by
adding a paragraph and subsection (c)(1) is amended by adding a
subparagraph to read:
§ 1518. Prohibited acts; penalties.
(a) Criminal offenses.--
* * *
(18) Notwithstanding any other provision of law, it
shall be unlawful for an individual driving or in charge of a
motor vehicle to permit a child under 14 years of age to
remain unattended in the vehicle if the vehicle is located on
property owned, leased or controlled by a licensed gaming
entity or its affiliate, intermediary, subsidiary or holding
company. In addition to the penalties in subsection (b), the
individual shall be subject to exclusion or ejection from
licensed facilities under sections 1514 (relating to
regulation requiring exclusion or ejection of certain
persons) and 1515 (relating to repeat offenders excludable
from licensed gaming facility). Notwithstanding any of the
provisions of 18 Pa.C.S. Ch. 91 (relating to criminal history
record information), the chief law enforcement officer of <--
investigating officer in the jurisdiction in which the <--
vehicle is located shall be responsible for providing written
notice of the violation within 48 hours to the director of
the county children and youth service agency of the county
where the individual resides violation occurred. The notice <--
shall contain:
(i) The name of the individual charged under this
section.
(ii) The address or addresses at which the
individual resides.
(iii) The name of the child.
(b) Criminal penalties and fines.--
(1) (i) A person that commits a first offense in
violation of 18 Pa.C.S. § 4902, 4903 or 4904 in
connection with providing information or making any
statement, whether written or oral, to the board, the
bureau, the department, the Pennsylvania State Police,
the Office of Attorney General or a district attorney as
required by this part commits an offense to be graded in
accordance with the applicable section violated. A person
that is convicted of a second or subsequent violation of
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18 Pa.C.S. § 4902, 4903 or 4904 in connection with
providing information or making any statement, whether
written or oral, to the board, the bureau, the
department, the Pennsylvania State Police, the Office of
Attorney General or a district attorney as required by
this part commits a felony of the second degree.
(ii) A person that violates subsection (a)(2)
through (12) or (17) commits a misdemeanor of the first
degree. A person that is convicted of a second or
subsequent violation of subsection (a)(2) through (12) or
(17) commits a felony of the second degree.
(iii) A person that violates subsection (a)(18)
commits a misdemeanor of the third degree. A person that
is convicted of a second or subsequent violation of
subsection (a)(18) commits a misdemeanor of the second
degree.
* * *
(c) Board-imposed administrative sanctions.--
(1) In addition to any other penalty authorized by law,
the board may impose without limitation the following
sanctions upon any licensee or permittee:
* * *
(x) Assess a fine for failure to report a violation
under subsection (a)(18), of which the licensed gaming
entity knew or should have known, to the appropriate law
enforcement authority. The amount of the fine shall be
not less than $75,000 nor more than $150,000 for a first
violation of this subparagraph, and not less than
$150,000 nor more than $300,000 for a second or
subsequent violation of this subparagraph.
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* * *
Section 2. This act shall take effect in 60 days.
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