Alabama bill seeks to crack down illegal gambling with felony penalties

Lea Hogg September 22, 2024

A new bill proposed by Alabama State Representative Matthew Hammett (pictured above), aims to curb the growing issue of illegal gambling across the state by raising penalties to felony status. The legislation, which targets illicit gambling operations, seeks to change the classification of offenses from misdemeanours to felonies, offering law enforcement stronger tools to combat illegal activities.

Tougher approach to illegal gambling

Working in collaboration with Covington County District Attorney Walt Merrell, Hammett drafted the bill in response to increasing frustration over law enforcement’s limited ability to prosecute illegal gambling effectively. According to Hammett, many operations in Alabama, such as convenience stores selling scratch-off lottery tickets, continue to operate because current laws are insufficient.

The bill is designed to provide stronger deterrents. Currently, promoting illegal gambling in Alabama is classified as a Class A misdemeanour, punishable by up to one year in jail and a $6,000 fine. Hammett’s proposal would elevate these offenses to a Class C felony, which carries a prison sentence of up to 10 years and a $15,000 fine. Repeat offenders face even harsher consequences, with second offenses classified as a Class B felony, punishable by 2 to 20 years in prison and fines up to $30,000.

The lack of strict penalties has allowed illegal gambling halls to persist, even in counties like Jefferson, where electronic gambling continues despite efforts from Attorney General Steve Marshall. District Attorney Merrell underscored the challenges prosecutors face when the only legal consequence for illegal gambling operators is a misdemeanour. “Are we really going to prosecute store clerks making $10 an hour while the owners profit?” Merrell asked.

Illegal gambling has been a long-standing issue in Alabama, and prior legislative efforts to address the problem have fallen short. Earlier in the year, a bill that would have legalized casinos, a state lottery, and established a gambling commission passed the Alabama House but failed to clear the Senate. Despite this, Hammett argues that there is broad consensus on the need to tackle illegal gambling, even among those with differing views on legalising gaming.

Broader issue across Alabama

One of the bill’s key provisions includes the definition of illegal gambling machines, which encompasses historical horse racing machines that resemble slot machines. These machines are currently in use at Alabama greyhound tracks, including Birmingham Race Course and Victoryland in Macon County. Although the bill categorizes these machines as illegal gambling, Hammett clarified that he is not targeting the tracks themselves, noting that the tracks are the appropriate venue for such machines.

Merrell emphasised that the bill’s focus is not on shutting down legal operations but on giving authorities the legal framework needed to deter unlawful activity. “If criminal laws don’t deter crime, they’re ineffective. This bill aims to fix that,” Merrell said.

Hammett has already pre-filed the bill for the next legislative session, which is set to begin on 5 February. The bill will likely be a significant point of discussion during an upcoming meeting of the House Republican caucus. If passed, this legislation would mark a substantial shift in how Alabama handles illegal gambling, offering a more severe set of consequences for those involved in the activity.