A new bill has been pre-filed for Alabama’s 2025 legislative session, aiming to significantly increase penalties for those operating illegal gambling businesses in the state. Spearheaded by Rep. Matthew Hammett (R-Dozier), the legislation seeks to address the ongoing problem of illegal gambling, which continues to persist despite current laws. Hammett’s proposed bill aims to escalate the offense from a misdemeanor to a felony, reflecting the seriousness of the issue.
The bill comes after incidents in Hammett’s district, including one where a convenience store owner was caught selling illegal scratch-off tickets. Hammett explained that the current penalties are insufficient to deter repeat offenders. “We had some people busted, but all they got was a slap on the wrist. The fine was so small that they’ll just be back up and running in six months,” Hammett remarked, according to WIAT CBS42, citing frustrations from local law enforcement and the district attorney’s office.
Increasing Penalties for Illegal Gambling
At present, individuals found guilty of operating illegal gambling activities face a Class A misdemeanor, which comes with relatively light penalties. The maximum punishment is a year in jail and a fine of up to $6,000. However, Hammett’s proposed legislation would reclassify this crime as a Class C felony, carrying a more substantial penalty—up to 10 years in prison and a fine of up to $15,000. For repeat offenders, the crime would be escalated to a Class B felony, with punishments of up to 20 years behind bars and fines reaching $30,000.
Hammett stressed that the bill is not intended to target legal gambling operations, such as horse and dog tracks operating under Alabama’s constitutional amendments. “This bill is strictly for illegal operations,” he clarified. His goal is to shut down unlawful gambling activities that continue to proliferate throughout the state, padding the pockets of operators who are breaking the law.
The Problem of Repeat Offenders
One of the key issues with the current law, according to Covington County District Attorney Walt Merrell, cited by AL.com, is that it lacks the “teeth” necessary to deter repeat offenders. Merrell, who worked with Hammett on the bill, has encountered numerous cases where illegal gambling operations simply re-emerge after receiving cease-and-desist letters. The penalties under current law are insufficient to prevent operators from reopening their businesses shortly after being shut down.
Merrell noted that while it is relatively easy to issue cease-and-desist orders to convenience stores selling illegal scratch-off tickets or hosting slot machines, prosecuting these cases can be complex. Often, store clerks who are unaware of the gambling operations or are not directly profiting from them are caught in the middle. “We don’t want to prosecute a store clerk who’s making $10 an hour when the real culprit is the business owner,” Merrell said, emphasizing that the current legal framework is not effective enough in holding those responsible accountable.
A Broader Approach to Gambling Regulation
While Hammett’s bill focuses specifically on increasing penalties for illegal gambling, some lawmakers, including Rep. Sam Jones (D-Mobile), argue that a more comprehensive approach to regulating gambling in Alabama is necessary. Jones has worked extensively on a broader gambling bill that seeks to address both legal and illegal gambling activities across the state. The legislation, which failed by one vote during the previous legislative session, would have created a regulatory body to oversee gambling operations and enforce the law.
Jones explained that tackling gambling through piecemeal efforts can lead to legal challenges that drag on for years. “Unless we address this issue comprehensively, these piecemeal laws will continue to be challenged in court, and we won’t see the results we need,” he said. However, Jones acknowledged the growing agreement among lawmakers that Alabama has a problem with illegal gambling and that something must be done to address it.
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