Alabama lawmakers are taking steps to strengthen their stance against illegal gambling through a new bill that proposes harsher penalties for those found in violation. The bill, introduced by Republican State Representative Matthew Hammett, seeks to address persistent issues with illegal gambling operations by upgrading penalties from misdemeanors to felonies. These changes are aimed at deterring repeat offenders and curbing illegal activities that have continued to thrive despite current laws.

Proposed Changes in Penalties

Under the current system, those involved in illegal gambling face misdemeanor charges, which come with a maximum sentence of one year in jail and a fine of up to $6,000. However, Rep. Hammett’s bill proposes to elevate these offenses to felony-level crimes. Specifically, promoting gambling would be reclassified as a Class C felony, carrying a possible sentence of one to ten years in prison and a fine of up to $15,000. For repeat offenders, the situation becomes even more severe, with a second violation resulting in a Class B felony, which could lead to a prison sentence of up to 20 years and a fine of $30,000.

Hammett collaborated with Covington County District Attorney Walt Merrell in drafting this legislation. The need for stronger enforcement became apparent after Merrell observed that existing laws were not effective in stopping illegal gambling activities, such as the sale of scratch-off tickets in convenience stores. “I asked him what could be done,” Hammett said, and they worked together on crafting a proposal that would give law enforcement more power to address these problems.

Persistent Illegal Gambling Issues

Illegal gambling has long been a challenge for Alabama authorities. Despite ongoing efforts to shut down these operations, many venues continue to operate. Jefferson County, in particular, has seen electronic gambling halls reopen after being shut down, showing the limitations of current enforcement. Attorney General Steve Marshall has been actively involved in efforts to combat these illegal activities, but the relatively light penalties often allow offenders to return to business soon after facing charges.

Merrell noted that prosecuting illegal gambling cases is particularly challenging because the current laws do not impose harsh enough penalties to deter these activities. In many cases, the individuals running the operations are not the ones being prosecuted, and instead, it is low-level employees, such as store clerks, who end up facing legal action. “How do we hold store employees accountable when the real beneficiaries are those behind the scenes profiting from these illegal activities?” Merrell questioned, emphasizing that the bill seeks to target those truly responsible.

Clarifying Legal and Illegal Gambling

The proposed bill also aims to clarify what constitutes illegal gambling in Alabama, specifically addressing electronic gambling machines like those used in historical horse racing. These machines are currently in use at racetracks across the state, operating under laws that permit pari-mutuel wagering. Hammett emphasized that his bill is not intended to target racetracks or any legal gambling operations, explaining, “Our focus is on illegal activities, not operations that are running legally at tracks.”

Despite Hammett’s push for tougher enforcement, he has expressed personal opposition to gambling in any form. Merrell also voiced his disapproval, citing the negative effects gambling can have on communities. “Both legal and illegal forms of gambling increase poverty, drive up crime rates, and hurt local economies,” he said.

Hammett has pre-filed the bill, HB41, for the upcoming legislative session beginning on February 5, 2025. The legislation is designed to provide law enforcement and prosecutors with stronger tools to combat illegal gambling activities in the state. Discussions are expected to continue as lawmakers weigh the implications of the proposed changes.

Source:

House Bill 41, Alison Legislature.

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