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H. 3201
STATUS INFORMATION
General Bill
Sponsors: Reps. Scarborough and Limehouse
Document Path: l:\council\bills\ms\7097ahb07.doc
Introduced in the House on January 9, 2007
Currently residing in the House Committee on Judiciary
Summary: Poker
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/9/2007 House Introduced and read first time HJ-101
1/9/2007 House Referred to Committee on Judiciary HJ-101
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 16-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL GAMES AND BETTING, SO AS TO CREATE AN EXCEPTION FOR CERTAIN POKER CARD GAMES ENGAGED IN FOR THE SOLE PURPOSE OF RECREATIONAL ACTIVITY.
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. (A) If any person shall 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 game with cards or dice, (b) any gaming table, 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 faro bank (f) any other table or bank of the same or the like kind under any denomination whatsoever or (g) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes, 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 thirty days or fined not over one hundred dollars, and every person so keeping such tavern, inn, retail store, public place, or house used as a place for gaming or 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 two thousand dollars, for each and every offense.
(B) Except as specifically provided in Section 8, Article XVII of the Constitution of South Carolina, 1895, the provisions of subsection (A) do not apply to a person who plays, at a residence, certain poker games including, but not limited to, games commonly referred to as five-card draw, Texas hold'em, and seven card stud and which are played for the sole purpose of recreational activity."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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