H 3598 Session 110 (1993-1994)
H 3598 General Bill, By Davenport
A Bill to amend Sections 16-19-40 and 16-19-60, Code of Laws of South
Carolina, 1976, relating to unlawful games and betting, so as to revise the
provisions detailing which games and locations are unlawful by prohibiting the
playing of a game with cards or dice or at a gaming table or betting for any
thing of value, provide for a person keeping a public or private place for
gaming or gambling to be guilty of a felony, and revise penalties; to amend
Section 16-1-10, as amended, relating to crimes classified as felonies, so as
to include the offense provided for in this Act; and to repeal Sections
16-19-50, 16-19-70, 16-19-90, 16-19-100, 16-19-130, 16-19-140, 16-19-150, and
16-19-160, relating to gaming and gambling.
03/02/93 House Introduced and read first time HJ-11
03/02/93 House Referred to Committee on Judiciary HJ-12
A BILL
TO AMEND SECTIONS 16-19-40 AND 16-19-60, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL
GAMES AND BETTING, SO AS TO REVISE THE PROVISIONS
DETAILING WHICH GAMES AND LOCATIONS ARE UNLAWFUL
BY PROHIBITING THE PLAYING OF A GAME WITH CARDS OR
DICE OR AT A GAMING TABLE OR BETTING FOR ANY THING
OF VALUE, PROVIDE FOR A PERSON KEEPING A PUBLIC OR
PRIVATE PLACE FOR GAMING OR GAMBLING TO BE GUILTY
OF A FELONY, AND REVISE PENALTIES; TO AMEND SECTION
16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS
FELONIES, SO AS TO INCLUDE THE OFFENSE PROVIDED FOR
IN THIS ACT; AND TO REPEAL SECTIONS 16-19-50, 16-19-70, 16-19-90, 16-19-100, 16-19-130, 16-19-140, 16-19-150, AND 16-19-160
RELATING TO GAMING AND GAMBLING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-19-40 of the 1976 Code is amended to read:
"Section 16-19-40. If any A person
shall may not play at any tavern, inn, store for the
retailing of spirituous liquors or in any house used as a place of gaming,
barn, kitchen, stable or other outhouse, street, highway, open wood, race
field or open place at (a) any a game with cards or dice,
(b) any or at a gaming table under whatever name it
may be called, commonly called A, B, C, or E, O, or any gaming
table known or distinguished by any other letters or by any figures, (c)
any roley-poley table, (d) rouge et noir, (e) any fare bank or (f) any other
table or bank of the same or the like kind under any denomination
whatsoever, except the games of billiards, bowls, backgammon, chess,
draughts or whist when there is no betting on any such game of billiards,
bowls, backgammon, chess, draughts or whist, or shall bet on the sides
or hands of such as do game, upon being convicted thereof, before any
magistrate, shall be imprisoned for a period of not over for
money or any other thing of value or bet money or any other thing of
value on the outcome of a game or event, promote or operate betting
pools, or engage in bookmaking, and a person who violates this
provision, upon conviction, must be fined: thirty days or shall
suffer a fine of not over one hundred dollars, and every
(1) fifty dollars for a first offense;
(2) fifty dollars and imprisoned for twenty-four hours for a second
offense;
(3) one hundred dollars and imprisoned for five days for a third
offense;
(4) five hundred dollars and imprisoned for not less than five days
nor more than thirty days for a fourth offense;
(5) one thousand dollars and imprisoned for not less than thirty days
nor more than six months for a fifth offense;
(6) two thousand dollars and imprisoned for not less than six months
nor more than one year for a sixth offense;
(7) three thousand dollars and imprisoned for not less than one year
nor more than four years for a seventh or subsequent offense.
Magistrates have exclusive jurisdiction of first through fourth
offenses.
A person so keeping such tavern, inn, retail
store, a public or private place or house
used as a place for gaming or gambling such other
house shall, upon being convicted thereof, upon indictment, be
imprisoned for a period not exceeding twelve months and forfeit a sum
not exceeding is guilty of a felony and, upon conviction, must
be imprisoned for not more than two years or fined not more than
two thousand dollars, for each and every offense or
both."
SECTION 2. The offense of keeping a public or private place used for
gaming, as provided for in Section 16-19-40, as amended in Section 1
of this act, is added to the list of crimes classified as felonies in Section
16-1-10.
SECTION 3. Section 16-19-60 of the 1976 Code is amended to read:
"Section 16-19-60. Nothing in Section 16-19-40 or 16-19-50 shall extend applies to coin-operated nonpayout
machines with a free play feature; provided, that nothing herein
shall, but this section does not authorize the licensing,
possession, or operation of any a machine which
disburses money to the player."
SECTION 4. Sections 16-19-50, 16-19-70, 16-19-90, 16-19-100, 16-19-130, 16-19-140, 16-19-150, and 16-19-160 of the 1976 Code are
repealed.
SECTION 5. This act takes effect upon approval by the Governor.
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