Alabama Pre-filed Bill to Harshen Penalties for Illegal Gambling Operators

On September 11, Rep. Matthew Hammett (R-Dozier) filed HB41 with the House Economic Development and Tourism Committee in an attempt to make culprits benefitting from illegal gambling face tougher penalties.

His proposed bill, developed with support from Covington County District Attorney Walt Merrell is aimed at boosting the current penalties for offenses tied to gambling, now recognized and charged as Class A misdemeanors, to Class C felonies and discouraging further attempts to gamble.

The proposal also mentioned even tougher penalties for repeat offenders who risk imprisonment between two and 20 years and a fine of up to $30,000.

Now, the same pre-filed bill for Alabama’s 2025 legislative session aims to increase penalties for running illegal gambling operations. 

Minimal Consequences for Culprits

Hammett is leading the charge, motivated by recurring offenses due to what he sees as lenient penalties under current law.

Hammett shared a local example from Covington County, where a convenience store owner was caught selling illegal scratch-off tickets. 

Despite the intervention of Opp Police Chief Kevin Chance and the district attorney, Hammett noted that the offender would likely resume operations due to the minimal consequences. 

“They’ll be back up in six months ’cause it was just a misdemeanor. All we can do is just slap (them) on the wrist,” Hammett commented.

Currently, the penalty for such offenses is a Class A misdemeanor. Hammett’s proposed bill would elevate the charge to a Class C felony and enforce a minimum fine of $1,000. 

His goal is to deter repeat offenders and shut down illegal gambling operations. “We’re not going after people operating under a constitutional amendment, like dog or horse tracks,” Hammett clarified, adding the bill was strictly aimed at “illegal operations outside of the CA’s.”

A Need for a Comprehensive Bill 

Some lawmakers consider a wider approach to be necessary. For instance, Representative Sam Jones (D-Mobile) explained a comprehensive bill would be useful for addressing both legal and illegal gaming in the state so “all bases” can be covered.

Jones, who previously spent 18 months working on a gambling bill that failed in the last legislative session, expressed concern that piecemeal efforts like Hammett’s could lead to prolonged legal challenges without resolving the root issue. 

“You see a lot of piece mill efforts,” Jones explained. “And then those efforts are challenged at the Supreme Court and they’re challenging court for years. And we still don’t get what we’re looking for.”

“Padding the Pockets” of Illegal Operators

Despite the differing perspectives, Hammett remains focused on curbing illegal gambling and putting an end to “padding the pockets of these illegal operators.”

“No matter what side of the gambling issue you’re on,” he further explained, “we all agree there’s a tremendous problem of illegal gambling in the state.” 

Jones also noted that last session’s gambling bill, which would have created an enforcement arm, failed by just one vote. 

Lawmakers will revisit the issue when the next legislative session begins in February.

In the meanwhile, earlier this week we reported on a recent US Circuit Court of Appeals’ decision that resumed the legal dispute over the use of Hickory Ground, a sacred burial ground, for the development of a new casino.