Senate Introduced Bill 422























SENATE BILL NO. 422


   March 10, 1999, Introduced by Senator JAYE and referred to the
        Committee on Gaming and Casino Oversight.



        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending sections 304 and 306 (MCL 750.304 and 750.306).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 304.  (1)  Selling pools and registering bets--Any
              A

 2    person or  his  A PERSON'S agent or 
             employe, who shall, 

 3    EMPLOYEE SHALL NOT directly or indirectly keep, maintain, oper-

 4    ate, or occupy any building or room or  any  part
              thereof  OF A

 5    BUILDING OR ROOM or any place with apparatus, books, or  any
              A

 6    device for registering bets or buying or selling pools upon the

 7    result of a trial or contest of skill, speed, or endurance or

 8    upon the result of a game, competition, political nomination,

 9    appointment, or election or any purported event of like character

10    or  who shall  register bets or buy or sell pools
              ,  or  who

11     shall  be concerned in buying or selling pools or
                        who shall 


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 1    knowingly permit any grounds or premises, owned, occupied, or

 2    controlled by him OR HER to be used for any of the purposes

 3     aforesaid, shall be  DESCRIBED IN THIS SECTION.

 4         (2) A PERSON WHO VIOLATES SUBSECTION (1) IS guilty of a mis-

 5    demeanor, punishable by imprisonment in the county jail FOR not

 6    more than 1 year or by a fine of not more than  500 dollars
             

 7    $500.00.

 8         (3) THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT A SPORTS

 9    BETTING GAME IN WHICH A PERSON WAGERS NOT MORE THAN $5.00.  AS

10    USED IN THIS SUBSECTION, "SPORTS BETTING GAME" MEANS A GAME TO

11    WHICH ALL OF THE FOLLOWING CONDITIONS APPLY:

12         (A) IT IS A GAME COMPOSED OF SQUARES OF EQUAL DIMENSIONS TO

13    WHICH THE DIGITS 0 TO 9 ARE RANDOMLY ASSIGNED ABOVE THE TOP ROW

14    OF SQUARES AND TO THE LEFT OF THE FIRST COLUMN OF SQUARES.

15         (B) THE OUTCOME DEPENDS UPON THE OUTCOME OF A SEASONAL

16    SPORTING EVENT.

17         (C) THE TOTAL POSSIBLE PAYOUT IS NOT MORE THAN $1,000.00.

18         Sec. 306.  (1)  Pool tickets, etc., declared nuisance--All 

19    EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3), A policy or pool

20     tickets, slips or checks, memoranda  TICKET, SLIP,
             CHECK,

21    MEMORANDUM of any combination, or other bet, manifold, or other

22    policy or A pool  books or sheets, are  BOOK OR
             SHEET IS hereby

23    declared a common nuisance.  and the possession thereof
              A PERSON

24    WHO POSSESSES AN ITEM DESCRIBED IN THIS SUBSECTION IS GUILTY OF a

25    misdemeanor, punishable by imprisonment in the county jail FOR

26    not more than 1 year or by a fine of not more than  500
             dollars 

27    $500.00.



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 1         (2)  The  EXCEPT AS OTHERWISE PROVIDED IN
             SUBSECTION (3),

 2    THE possession of  any such articles  AN ITEM
             DESCRIBED IN SUB-

 3    SECTION (1), or of  any other implements  ANOTHER
             IMPLEMENT,

 4    apparatus, or  materials  MATERIAL of  any
             other  ANOTHER form of

 5    gaming  , shall be  IS prima facie evidence of
              their  ITS use

 6     ,  by the person having  them  IT
             in possession, in the form of

 7    gaming in which like  articles  ITEMS are commonly
             used.  And

 8     such article  AN ITEM found upon the person of one
                       lawfully

 9    arrested for violation of  any  A law relative to
             lotteries,

10    policy lotteries or policy, the buying or selling of pools or

11    registering of bets, or other form of gaming  shall be
              IS compe-

12    tent evidence upon the trial of  an indictment  A
             COMPLAINT to

13    which it may be relevant.

14         (3) THIS SECTION DOES NOT APPLY TO A CARD, LIST, OR OTHER

15    ITEM RELATED TO THE CONDUCTING OF A SPORTS BETTING GAME DESCRIBED

16    IN SECTION 304.

17         Enacting section 1.  This amendatory act does not take

18    effect unless Senate Bill No. 423                          

19                             of the 90th Legislature is enacted into

20    law.

















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