HB41 Summary

• Increases criminal penalties for gambling-related offenses by reclassifying simple unlawful gambling from Class C misdemeanor to Class A misdemeanor, promoting gambling activity from Class A misdemeanor to Class C felony, and conspiracy to promote gambling from Class A misdemeanor to Class C felony.

• Provides heightened penalties for second and subsequent convictions under gambling laws, elevating violations to Class B felony status.

• Explicitly defines electronic games of chance—including electronic bingo, video lottery terminals, video poker machines, and historical simulcast horse racing machines—as illegal gambling devices.

• Clarifies that certain coin-operated amusement machines designed for bona fide amusement purposes and rewarding players with noncash prizes, toys, or novelties are exempt from gambling device prohibitions.

• Establishes civil asset forfeiture procedures for gambling equipment and proceeds, allows seizure and destruction of illegal gambling machines, and provides for revocation of Alcoholic Beverage Control Board licenses for gambling violations with a one-year prohibition on reissuance.

• Creates criminal liability for business owners and operators who have actual knowledge or constructive knowledge of gambling violations occurring on their premises and fail to stop them.

• Effective October 1, 2025.