SB334 Alabama 2010 Session

Summary

Primary Sponsor

Scott Beason

Republican

Session

Regular Session 2010

Title

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

Summary

SB334 would create a civil mechanism to recover penalties and profits from illegal gambling activities and distribute the proceeds to state law enforcement agencies.

What This Bill Does

It establishes a civil cause of action to recover civil monetary penalties for illegal gambling activities, to be used alongside existing criminal and civil actions. It imposes civil penalties of at least $1,000 per day per device in use or up to three times the device's gross receipts, whichever is greater, and allows forfeiture of profits and property connected to illegal gambling. It also defines ownership restrictions, provides defenses (such as lack of knowledge or lawful transport), outlines how penalties are collected and distributed, and includes a whistleblower sharing provision; the act becomes effective after Governor approval.

Who It Affects

• Owners, operators, possessors, leasers, or anyone with direct or indirect financial interest in illegal gambling devices would face civil penalties, asset forfeiture, and related consequences if they operate such devices.
• State and local law enforcement and prosecuting agencies (including the Office of the Attorney General and district attorneys) could file civil actions to recover penalties, and the recovered money would be distributed to the agencies; informants who provide information could share up to 15% of the recovery.

Key Provisions

• Establishes a civil action to recover civil monetary penalties for illegal gambling activities, to be used with existing criminal and civil remedies, and to govern distribution of recovered proceeds.
• Imposes civil penalties of not less than $1,000 per day per device in use or up to three times the device's gross receipts, whichever is greater, and allows forfeiture of profits and property tied to illegal gambling.
• Prohibits ownership, operation, possession, lease, or financial interest in gambling devices by individuals or entities; provides exemptions for certain investments and non-gambling-related arrangements.
• Defines 'in use' as a device being available to be operated; creates a rebuttable presumption that other devices at the same address were in use once ownership/operation is established.
• Provides defenses: lack of knowledge that a device was on the premises and the mere transportation of a device in compliance with laws.
• authorizes the AG and district attorneys to sue; after recovery, costs are deducted and the balance is distributed equally to investigative and prosecuting agencies; informants may receive up to 15% of the recovery.
• Effective date: becomes law on the first day of the third month after passage and Governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure