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Ch. 26
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2002 LAWS OF MARYLAND
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In subsection (a) of this section, the former reference to "maintain[ing]" a
slot machine is deleted as included in the reference to "keep[ing]" a slot
machine.
Defined terms: "Person" § 1-101
"Slot machines" § 12-301
12-303. ANTIQUE SLOT MACHINE — DEFENSE.
(A) "ANTIQUE SLOT MACHINE" DEFINED.
IN THIS SECTION, "ANTIQUE SLOT MACHINE" MEANS A SLOT MACHINE THAT
WAS MANUFACTURED AT LEAST 25 YEARS BEFORE THE DATE ON WHICH THE
MACHINE IS SEIZED.
(B) IN GENERAL.
A PERSON MAY NOT BE CONVICTED UNDER § 12-302 OF THIS SUBTITLE IF THE
PERSON SHOWS BY A PREPONDERANCE OF THE EVIDENCE THAT THE SLOT
MACHINE:
(1) IS AN ANTIQUE SLOT MACHINE; AND
(2) WAS NOT OPERATED FOR GAMBLING PURPOSES WHILE IN THE
PERSON'S POSSESSION.
(C) DESTRUCTION OR ALTERATION PROHIBITED PENDING DETERMINATION
OF STATUS.
IF THE DEFENSE IS OFFERED THAT A SEIZED SLOT MACHINE IS AN ANTIQUE
SLOT MACHINE, THE SLOT MACHINE MAY NOT BE DESTROYED OR OTHERWISE
ALTERED UNTIL AFTER A FINAL JUDICIAL DETERMINATION, INCLUDING REVIEW ON
APPEAL, THAT THE DEFENSE DOES NOT APPLY.
(D) RETURN OF SLOT MACHINE DETERMINED TO BE ANTIQUE.
IF THE DEFENSE APPLIES, THE PERSON WHO SEIZED THE SLOT MACHINE
SHALL RETURN THE SLOT MACHINE IN ACCORDANCE WITH APPLICABLE PROVISIONS
OF LAW FOR THE RETURN OF PROPERTY.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 264B V.
In subsection (b) of this section, the phrase "[a] person may not be
convicted" is substituted for the former phrase "[i]t shall be a defense to
any prosecution" for brevity.
Also in subsection (b) of this section, the references to a "person" are
substituted for the former references to a "defendant" for consistency
within this article.
In subsection (c) of this section, the reference to "a final judicial
determination" is substituted for the former reference to "a final court
determination including review upon appeal, if any" for brevity.
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- 810 -
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