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HOUSE BILL NO. 6068
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 303 and 308a (MCL 750.303 and 750.308a),
section 303 as amended by 1996 PA 129, and by adding sections 310f,
310g, and 310h.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 303. (1) Except as otherwise provided in this section, 1
chapter, a person who for hire, gain, or reward, keeps or maintains 2
a gaming room, gaming table, game of skill or chance, or game 3
partly of skill and partly of chance, used for gaming, or who 4
permits a gaming room, or gaming table, or game to be kept, 5
June 10, 2026, Introduced by Reps. Neeley, O'Neal, Edwards and B. Carter and referred to
Committee on Regulatory Reform.
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maintained, or played on premises occupied or controlled by the 1
person, is guilty of a misdemeanor , punishable by imprisonment for 2
not more than 2 years , or a fine of not more than $1,000.00. A 3
person who aids, assists, or abets in the keeping or maintaining of 4
a gaming room, gaming table, or game, is guilty of a misdemeanor , 5
punishable by imprisonment for not more than 2 years , or a fine of 6
not more than $1,000.00. 7
(2) Subsection (1) does not apply to a mechanical amusement 8
device which that may, through the application of an element of 9
skill, reward the player with the right to replay the mechanical 10
amusement device at no additional cost if the mechanical amusement 11
device is not allowed to meets all of the following requirements: 12
(a) Does not accumulate more than 15 replays at 1 time. ; the 13
mechanical amusement device is 14
(b) Is designed so that accumulated free replays may only be 15
discharged by reactivating the device for 1 additional play for 16
each accumulated free replay. ; and the mechanical amusement device 17
makes 18
(c) Makes no permanent record, directly or indirectly, of the 19
free replays awarded. 20
(3) Subsection (1) does not apply to a slot machine if the 21
slot machine is 25 years old or older and is not used for gambling 22
purposes. As used in this section, "slot machine" means a 23
mechanical device, an essential part of which is a drum or reel 24
which bears an insignia and which when operated may deliver, as a 25
result of the application of an element of chance, a token or money 26
or property, or by operation of which a person may become entitled 27
to receive, as a result of the application of an element of chance, 28
a token or money or property. 29
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(4) A slot machine which is being used for a gambling purpose 1
in violation of subsection (3) shall must be confiscated and turned 2
over to the director of the department of state police for 3
auction.seized for disposition under section 308a. 4
(5) Subsection (1) does not apply to a crane game. As used in 5
this section, "crane game" means an amusement machine activated by 6
the insertion of a coin by which the player uses 1 or more buttons, 7
joysticks, or similar means of control, or a combination of those 8
means of control, to position a mechanical or electromechanical 9
claw, or other retrieval device, over a prize, toy, novelty, or an 10
edible item having a wholesale value of not more than $3.75, and 11
thereby attempts to retrieve the prize, toy, novelty, or edible 12
item. Every prize, toy, or edible item must be retrievable by the 13
claw. A slot machine is not considered a crane game. 14
(6) A person who knowingly alters a crane game that is 15
available for play so that the crane game is not in compliance with 16
the elements of the definition contained in subsection (5) is 17
guilty of a felony , punishable by imprisonment for not more than 2 18
years, or a fine of not more than $20,000.00, or both. 19
(7) A law enforcement officer may confiscate any crane game 20
that is available for play and is not in compliance with the 21
elements of the definition contained in subsection (5). The 22
confiscated crane games and their contents shall must not be 23
destroyed, altered, dismantled, sold, or otherwise disposed of 24
except upon on order of a court having competent jurisdiction. 25
(8) The following notice shall must be conspicuously posted on 26
the front of every crane game located in this state: "This game is 27
not licensed or regulated by the state of Michigan.". 28
(9) As used in this chapter, "slot machine" means any 29
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mechanical, electrical, electromechanical, or other device, 1
contrivance, or machine that, on insertion of a coin, token, or 2
similar object, or on payment of any consideration, is available to 3
play or operate, the play or operation of which, whether by reason 4
of skill of the operator or application of the element of chance, 5
or both, may deliver to or entitle the person playing or operating 6
the machine to receive cash, premiums, merchandise, tokens, or 7
anything of value, whether the payoff is made automatically from 8
the machine or in any other manner. 9
Sec. 308a. (1) On application of the attorney general or a 10
sheriff, chief of police of a police department, commissioner of 11
the Michigan state police, or other peace officer, a court or 12
magistrate of competent jurisdiction may upon on due notice and 13
hearing turn over to said the attorney general, sheriff, chief of a 14
police department, commissioner of the Michigan state police, or 15
peace officer, any articles or property listed lawfully seized 16
under the provisions of section 308 of this chapter lawfully seized 17
by any such peace officer for such the disposition as the court or 18
magistrate shall prescribe, prescribes, or said the court or 19
magistrate may provide for the destruction or other disposition of 20
said the articles or property. 21
(2) Any funds derived from the disposition of any such the 22
articles or property shall under this section must be turned over 23
to the treasurer of the city, township, or county whose law 24
enforcement officer made application for the disposition of such 25
the articles or property, or to the state treasurer if such the 26
application is made by the attorney general or the commissioner of 27
the Michigan state police. 28
Sec. 310f. This chapter does not apply to games offered by the 29
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bureau of state lottery under the McCauley-Traxler-Law-Bowman-1
McNeely lottery act, 1972 PA 239, MCL 432.1 to 432.47. 2
Sec. 310g. This chapter does not apply to gaming conducted 3
under a license issued under article 1 of the Traxler-McCauley-Law-4
Bowman bingo act, 1972 PA 382, MCL 432.101 to 432.119. 5
Sec. 310h. This chapter does not apply to gaming conducted 6
under the Michigan Gaming Control and Revenue Act, 1996 IL 1, MCL 7
432.201 to 432.226. 8