Alabama bill seeks to raise illegal gambling penalties to felony status

With an aim to address the growing issue of illegal gambling in Alabama, State Representative Matthew Hammett, a Republican from south Alabama, has introduced a bill that would increase the penalties for those involved in illicit operations. The proposed legislation would change the legal classification of offenses from misdemeanors to felonies, giving authorities stronger tools to curb illegal activities that continue to thrive in various parts of the state.

Hammett, working closely with Covington County District Attorney Walt Merrell, proposed the bill after learning about the limitations law enforcement faces when attempting to stop illegal gambling in his district. According to Hammett, some convenience stores in his district had been selling scratch-off lottery tickets, similar to those found in states where lotteries are legal. 

“He said, ‘Look, I can’t do anything but just slap them on the wrist.’ And I said, ‘What can we do?’ So, that’s how we came up with it,” Hammett explained, as reported by Alabama.com.

While illegal gambling is acknowledged as a widespread issue in Alabama, previous attempts to address it through legislation have fallen short. A bill that would have allowed a state lottery, legalized casinos, and created a gambling commission passed the Alabama House earlier this year but ultimately failed in the Senate. 

Despite differing views on that legislation, Hammett emphasized that “everybody agreed there’s a problem in this state with illegal gambling,” a sentiment echoed by both supporters and opponents of the failed bill. 

Alabama State Representative Matthew Hammett

One glaring example of the persistence of illegal gambling can be seen in Jefferson County, where electronic gambling halls have been able to continue operating, despite efforts from Attorney General Steve Marshall to shut them down.

Merrell, who has used undercover agents to document illegal gambling activities in Covington County, described the difficulties in prosecuting such cases when violations only carry misdemeanor charges. 

“You’ve got this store clerk that is getting paid $10 an hour to be in there selling Co-Colas and candy bars,” Merrell said, as per AL.com's report. “Are we really going to prosecute them when the owner is the one profiting from it? Or maybe somebody is leased into the store to profit from it?”

Under Alabama’s current laws, promoting gambling is classified as a Class A misdemeanor, which carries a maximum penalty of one year in jail and a $6,000 fine. Hammett’s proposed legislation would elevate promoting gambling to a Class C felony, punishable by up to 10 years in prison and a fine of $15,000. For repeat offenders, the penalties would be even harsher, with second offenses classified as a Class B felony, carrying prison sentences of 2 to 20 years and fines of up to $30,000.

Merrell expressed his support for the bill, highlighting the need for stronger deterrents to combat illegal gambling. “If criminal laws don’t deter crime, then the criminal law is not effective. It needs to be rewritten. I hope that that’s the end result, that it deters illegal activity,” he said.

The bill also includes definitions for illegal gambling machines, encompassing historical horse racing machines. These machines, which resemble slot machines, determine outcomes based on past horse races stored in an electronic library.

The machines are currently in use at several Alabama greyhound tracks, including Birmingham Race Course, Victoryland in Macon County, and Greene County Entertainment, operating under the state’s pari-mutuel wagering laws.

While Hammett’s bill includes historical horse racing machines in the definition of illegal gambling, he clarified that his intention is not to target Alabama’s greyhound tracks. “That’s not the people we’re going after,” Hammett said. “If they’re going to have those type machines, that’s the place to have them, at the tracks, dog tracks, horse tracks. That is not the intent of the bill.”

Merrell agreed, stating: “There was no intention on our part to make anything that’s currently legal illegal. I can just tell you that that was not our intent.”

Hammett has pre-filed the bill for Alabama’s upcoming legislative session, which begins on February 5th. He plans to discuss the proposal further with his colleagues in the House Republican caucus at an upcoming meeting.