HB299 Alabama 2010 Session

Summary

Primary Sponsor

Randy WoodRepresentative

Republican

Session

Regular Session 2010

Title

Gambling, illegal, civil action to recover monetary penalties, distrib. of proceeds

Summary

HB299 creates a new civil remedy to recover monetary penalties for illegal gambling and determines how those penalties and related proceeds are distributed, in addition to existing criminal and civil actions.

What This Bill Does

The bill would allow a civil action to recover civil monetary penalties for illegal gambling activities, to be used alongside existing criminal and civil charges. It establishes penalties and forfeitures, restricts ownership or financial interest in gambling devices, and defines when a device is considered 'in use.' It also designates enforcement by the Attorney General and district attorneys and provides for how recovered funds are split between agencies; it includes an informant reward and specific defenses related to knowledge and transportation of devices.

Who It Affects

• Owners, operators, and others who profit from illegal gambling devices, who could face civil penalties, forfeiture of profits or related property, and a prohibition on owning or operating devices.
• The Office of the Attorney General and district attorneys (enforcement agencies), which would have the power to file and collect these civil penalties and receive a share of recovered funds for investigation and prosecution.

Key Provisions

• Creates a civil cause of action to recover civil monetary penalties for illegal gambling activities, to be used with existing criminal and civil actions, and provides for distribution of proceeds.
• Prohibits ownership or any financial interest in operating a gambling device; outlines exceptions for certain investments, employment arrangements, and unrelated fair-market transactions.
• Civil penalties of not less than $1,000 per day per device or up to three times the gross receipts from the device, whichever is greater; includes forfeiture of profits and related property.
• Defines 'in use' as a device being available to be operated and imposes a rebuttable presumption that other devices at the same address are in use unless proven otherwise.
• Defense provisions allowing a defendant to show lack of knowledge of a device on premises or that a device was merely transported in compliance with laws.
• Empowers the Attorney General and district attorneys to enforce and collect penalties; specifies how recovered funds are distributed after costs.
• Includes a provision for informants to share up to 15% of the total recovery if non-public information leads to recovery, with discretion on the amount by the court, and clarifies there is no private right of action.
• Effective date is the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure