For the second time in two weeks, proposed legislation sponsored by Senator Diane Capehart failed to make it out of its initial committee. On Tuesday, members of the Committee on Homeland Security, Justice, and Public Safety heard from co-sponsor Senator Angel Bolques who introduced Bill 35-0179, intending to strengthen enforcement tools against illegal gambling and lottery.
Illegal gambling and lottery, he said, “severely undermine” the revenue streams generated by the Virgin Islands Lottery system, a funding source that currently supports the Government Employees' Retirement System’s retirees bonus program, among other things, he said. “Illegal lottery operations are a significant barrier preventing us from capturing millions in potential revenues that could immensely benefit our territory,” asserted Mr. Bolques.
Raymond Williams, executive director at the V.I. Lottery, told lawmakers that illegal gaming activity is at a “cancerous level” and can be added to the list of illicit activities that are at an “all-time high” in the territory. According to Mr. Williams, the continuation of these activities would contribute to the deterioration of the USVI’s moral fabric and economic foundation. He placed on record his full support for the proposed legislation, which includes definitions of illegal gambling and increases fines that would be used to fund enforcement. He asked senators to support the measure, stating, “this is our collective opportunity to increase revenues in the territory by eradicating illegal activity.”
However, Jodie Smith Todman, who represented the Office of the Territorial Public Defender, disagreed, taking a position to “respectfully oppose the contemplated changes.” She cited opposition to increases in fines that “disproportionately impact the indigent,” and the consideration to strengthen the offense level from a misdemeanor to a felony, with a consequent increase in the incarceration period from 180 days to two years. Ms. Smith Todman instead suggested strategies to “reduce the time spent gambling and the amount of money that gamblers spend.”
Committee Chair Kenneth Gittens expressed that the decision to increase all the penalties to that of a felony “gave me a cause for pause as well.” Senator Franklin Johnson suggested introducing an amendment to make room for gradual increases in the punishment instead of an immediate sweeping change. Mr. Williams agreed, saying that “we are willing to meet a happy marriage by having some of this amendment.”
While Mr. Williams called for “teeth” to enforce the bill and Sen. Bolques noted that the last amendments to that particular piece of legislation were made circa 1984, Ms. Smith Todman strongly suggested that enforcement of the current laws be made a priority before drastic changes as those proposed are implemented. And even as representatives of V.I. Lottery noted that attempts at enforcement are often dismissed due to a lack of probable cause, Sen. Gittens worried that the draft legislation, as written, does nothing to increase the likelihood of successful prosecution.
“Simply increasing the penalties to felonies - that's not going to change the court's mind and their position that it lacks probable cause,” he noted.
Though the V.I. attorney general was not present at Tuesday's hearing, communication from her office stated plainly that “simply increasing the penalties without implementing a plan of action will not deter illegal gaming.” Sen. Francis, along with the committee’s chair, called for collaborative discussions to develop a “comprehensive measure.”
Senator Alma Francis-Heyliger also disapproved of the bill as written and stated that “it's still going to be the same result if nobody's enforcing the law.”
The matter of illegal gambling has been an ongoing discussion in the USVI. In February, V.I. Lottery officials introduced a new game with partner Caribbean Lottery in a bid to reduce illegal gambling. Dubbed "Caribbean Numbers", the new game gives players an opportunity to win up to $20,000 by choosing numbers from 0-99. At the time Mr. Williams said the game should discourage illegal gambling and was designed to keep money within the local economy.
Police Commissioner Ray Martinez also spoke earlier this year about the need for enforcement of legal gaming. "Going back to the mid-2000s when I was then the Director of the Intelligence Unit for the VIPD, we confiscated hundreds of thousands of dollars’ worth of illegal lottery tickets whether it was from Puerto Rico, whether it was the sidewalk lottery system that utilized mostly by the Dominican and the Haitian community - the "parle" as many people affectionately call it," he said.
Five senators ultimately voted to hold the bill in committee at the call of the chair.
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