HSB 21 (LSB 1447XD (3) 91)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL)

A BILL FOR

An Act relating to illegal gaming, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 99F.1, Code 2025, is amended by adding the following new subsections:
   NEW SUBSECTION.  01.  “Account sharing” means entering into or participating in an agreement between two or more persons to, either temporarily or permanently, share access to a person’s account with the purpose of concealing a person’s identity, which account has been established with a licensee to participate in gambling games or sports wagering under this chapter.
   NEW SUBSECTION.  25A.  “Proxy betting” means any wagering or betting activity, including a request of another to engage in wagering or betting activity, involving two or more persons, where one person places a wager on behalf of another person with the intent to hide or conceal the bettor’s identity.
    Sec. 2.  Section 99F.15, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  A person engaging in proxy betting or account sharing is in violation of section 725.7.
    Sec. 3.  Section 725.7, subsection 1, Code 2025, is amended to read as follows:
   1.  Except as permitted in chapters 99B, and 99D, 99E, and 99F, a person shall not do any of the following:
   a.  Participate in a game for any sum of money or other property of any value.
   b.  Make any bet.
   c.  For a fee, directly or indirectly, give or accept anything of value to be wagered or to be transmitted or delivered for a wager to be placed within or without outside of the state of Iowa.
   d.  For a fee, deliver anything of value which has been received outside the enclosure of a racetrack licensed under chapter 99D, or outside of a gambling structure, to be placed as wagers a wager in the pari-mutuel pool or other authorized systems system of wagering.
   e.  Engage in bookmaking, except as permitted in chapters 99E and 99F.
   f.  Engage in proxy betting as defined in section 99F.1.
   g.  Engage in account sharing as defined in section 99F.1.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to illegal gaming. Under current law, a person is prohibited from engaging in the acts outlined in Code section 725.7(1). A person who violates these prohibitions is guilty of illegal gaming and is subject to criminal penalties. The bill defines “account sharing” and “proxy betting” and includes those activities in the list of activities considered illegal gaming. The bill also includes in the activities considered illegal gaming the act of delivering anything of value to place as a wager in a pari-mutuel pool or other authorized system of wagering after receiving that thing of value, for a fee, outside of a gambling structure.
   A person guilty of illegal gaming commits an offense ranging from a serious misdemeanor to a class “C” felony based on the sum of money or value of other property involved and whether the offense was a first or repeat offense. Illegal gaming in the fourth degree ($100 or less) constitutes a serious misdemeanor for a first offense, an aggravated misdemeanor for a second offense, a class “D” felony for a third offense, and a class “C” felony for a fourth or subsequent offense. Illegal gaming in the third degree ($100 to $500) constitutes an aggravated misdemeanor for a first offense, a class “D” felony for a second offense, and a class “C” felony for a third or subsequent offense. Illegal gaming in the second degree ($500 to $5,000) constitutes a class “D” felony for a first offense and a class “C” felony for a second or subsequent offense. Illegal gaming in the first degree (more than $5,000) constitutes a class “C” felony.
   A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660.