Esta ley enmienda la Ley Núm. 10 de 24 de mayo de 1989, que autoriza el sistema de lotería adicional, para ajustarla al nuevo Código Penal de Puerto Rico de 2004. Modifica las secciones relacionadas con prohibiciones, penalidades, falsificación de boletos, venta de boletos ganadores y alteración de máquinas de juego, eliminando referencias al Código Penal de 1902.
(Approved September 15, 2004)
To amend Sections 15, 16, 17, 18 and 19 of Act No. 10 of May 24, 1989, as amended, which authorizes the additional lottery system, in order to adjust the same to the new Penal Code of the Commonwealth of Puerto Rico and to eliminate the reference to Sections 291 to 298 of the Penal Code of 1902, which remained temporarily in effect and are repealed with the adoption of the new Penal Code of the Commonwealth of Puerto Rico of 2004.
This is one of several amendments to the laws affected by the approval of the new Penal Code of the Commonwealth of Puerto Rico, which at the same time repeals the Penal Code now in effect approved through Act No. 115 of July 22, 1974.
It is imperative that the penal code of laws as a whole be adjusted so that when the new Penal Code is introduced said code of laws may achieve uniformity.
Section 1.- Section 15 of Act No. 10 of May 24, 1989, as amended, is hereby amended to read as follows: "Section 15.- Prohibitions and Penalties.-
(a) Prohibitions.- The following shall be deemed to be prohibited practices with relation to the lottery game authorized by this Act:
(1) Sell or offer for sale a lottery ticket to any person under eighteen (18) years of age. (2) Sell, advertise or offer for sale, lottery tickets without being duly authorized by a lottery seller's license in effect. (3) Sell or offer for sale a ticket or share thereof at a price different from the official price established by regulations.
(b) Penalties.- Any person who incurs any of the practices previously enumerated or who violates the provisions of this Act or the regulations promulgated for its implementation, shall incur a misdemeanor. If the person convicted is a vendor of chances, such a conviction shall entail the automatic cancellation of the license issued by the Director of the Bureau.
Violations subsequent to the provisions of this Act or its regulations shall constitute a felony in the fourth degree.
Prior violations shall not apply to the provisions contained in Sections 16 to 18 of this Act.
Any property used in relation to the commission of any felony or misdemeanor typified in this Act shall be confiscated in favor of the Commonwealth of Puerto Rico pursuant to Act No. 93 of July 13, 1988."
Section 2.- Section 16 of Act No. 10 of May 24, 1989, as amended, is hereby amended to read as follows: "Section 16.- Forgery of tickets.- The tickets of the additional lottery game authorized by this Act shall be deemed to be securities of the Government of the Commonwealth of
Puerto Rico. Any person who with the intention of defrauding another person or the Commonwealth of Puerto Rico, falsely makes, alters, forges or imitates any lottery ticket, or who circulates, passes on or attempts to pass on any ticket as genuine knowing that the same is false, altered, forged or imitated, shall incur the crime of forgery as prescribed in Sections 218 and 224 of the Penal Code of the Commonwealth of Puerto Rico, as amended, and upon conviction shall be sanctioned with the penalty fixed for said crimes. ... ." Section 3.- Section 17 of Act No. 10 of May 24, 1989, as amended, is hereby amended to read as follows: "Section 17.- Sale of winning tickets.- The sale, cession, transfer or purchase or the offer to sell, cede, transfer or purchase a winning ticket to be presented for collection for the purpose of using or investing, directly or indirectly, all or part of the income from an organized crime activity, as defined in Act No. 33 of July 13, 1978, as amended, known as the "Act Against Organized Crime," or for the purpose of evading tax liabilities imposed by the Commonwealth of Puerto Rico, shall constitute a felony. Violations of this Section shall be sanctioned as a felony in the third degree and in addition shall entail a fine of ten thousand $(10,000)$ dollars."
Section 4.- Section 18 of Act No. 10 of May 24, 1989, as amended, is hereby amended to read as follows: "Section 18.- Improper alteration of gaming machines.- Any person who in any way alters the operation of the apparatus, machines or devices related to the additional lottery games or who in any way interferes with the acquisition of, transportation to, introduction,
possession, use or operation of the apparatus, machines or devices related to the additional lottery games shall incur a felony in the third degree and in addition shall be fined in an amount of ten thousand $(10,000)$ dollars."
Section 5.- Section 19 of Act No. 10 of May 24, 1989, as amended, is hereby amended to read as follows: "Section 19.- Relation to other laws.-
(a) Pursuant to the conditions and limitation established in this Act and in the regulations promulgated by the Secretary for its implementation, those natural and juridical persons duly authorized by the Secretary shall be the only persons and entities that may hold additional lottery games, maintain a site, as well as acquire, possess, use, maintain and operate any apparatus, machine, device, printed material or ticket in relation to the additional games herein authorized, without being subject to the provisions of Act No. 220 of May 15, 1948, as amended. ... ."
Section 6.- Effectiveness. This Act shall take effect when the Penal Code of the Commonwealth of Puerto Rico of 2004 becomes effective.
I hereby certify to the Secretary of State that the following Act No. 320 (S.B. 2730) of the $7^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Sections 15, 16, 17, 18 and 19 of Act No. 10 of May 24, 1989, as amended, which authorizes the additional lottery system, in order to adjust the same to the new Penal Code of the Commonwealth of Puerto Rico and to eliminate the reference to Sections 291 to 298 of the Penal Code of 1902, which remained temporarily in effect and are repealed with the adoption of the new Penal Code of the Commonwealth of Puerto Rico of 2004, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $23^{ ext {rd }}$ of November of 2005.
Francisco J. Domenech Director