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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
department of gaming; investigations
Purpose
Prohibits the Arizona Department of Gaming (ADG) from initiating an investigation into the unlawful possession of a gambling device on non-Indian lands except on written request from a law enforcement authority or prosecutorial agency.
Background
A person commits unlawful possession of a gambling device by knowingly possessing, distributing or transporting any implement, machine, paraphernalia, equipment or other thing that the person knows or has reason to know is used or intended to be used for illegal gambling activities. Unlawful possession of any gambling device other than a bingo gambling device is classified as a class 1 misdemeanor. A person commits unlawful possession of a bingo gambling device only by knowingly possessing any materials for illegal gambling activities. Unlawful possession of a bingo gambling device is a class 2 misdemeanor (A.R.S. § 13-3306).
Current statute allows the ADG to investigate the unlawful possession of a gambling device that occurs on non-Indian lands in Arizona and to cooperate with appropriate law enforcement authorities and prosecutorial agencies in the investigation and prosecution of these violations (A.R.S. § 5-602).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits the ADG from initiating an investigation into the unlawful possession of a gambling device on non-Indian lands except on written request from a law enforcement authority or prosecutorial agency.
2. Makes technical changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 7, 2022
JT/CY/sr