Coin Slot Magazine - #024 - 1977 - January [International Arcade Museum]
Assembly Bill No. 4173
CHAPTER 936
An act to add Section 330.7 to the Penal Code, relating to
antique slot machines, ^nd declaring the urgency thereof, to take
effect immediately.
(Approved by Governor September 13, 1976. Filed with
Secretary of State September 14, 1976.)
LEGISLATIVE COUNSEL'S DIGEST
AB 4173, Sieroty. Antique slot machines.
Existing law does not expressly exempt antiques from criminal
prohibitions re slot machines.
This bill would create a defense to such a prosecution, including
prosecutions for acts committed prior to its effective date, as to
specified antique slot machines.
The bill would take effect immediately as an urgency statute.
The people of the State of California do enact as follows:
SECTION 1. Section 330.7 is added to the Penal Code, to read:
330.7. (a) It shall be a defense to any prosecution under this
chapter relating to slot machines, as defined in subdivision (2) of
Section 330b, if the defendant shows that the slot machine is an
antique slot machine and was not operated for gambling purposes
while in the defendant's possession. For the purposes of this sec
tion, a slot machine shall be conclusively presumed an antique slot
machine if it was manufactured prior to 1941.
(b) Notwithstanding Section 335a, whenever the defense
provided by subdivision (a) is offered, no slot machine seized from
any defendant shall be destroyed or otherwise altered until after a
final court determination that such defense is not applicable. If
the defense is applicable, any such slot machine shall be returned
pursuant to provisions of law providing for the return of property.
(c) It is the purpose of this section to protect the collection and
restoration of antique slot machines not presently utilized for
gambling purposes because of their aesthetic interest and impor
tance in California history.
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SEC. 2.
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Hundreds
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of antique slot machines in California
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are currently subject to prosecution. In order to prevent the prose
cution of persons because of misunderstanding as to the law, it is
necessary that this act take effect immediately.
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