By: Flynn (Senate Sponsor - Gallegos) H.B. No. 358
(In the Senate - Received from the House May 18, 2009;
May 21, 2009, read first time and referred to Committee on State
Affairs; May 23, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0, 1
present not voting; May 23, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 358 By: Van de Putte
A BILL TO BE ENTITLED
AN ACT
relating to the seizure of the circuit board of a gambling device or
equipment, altered gambling equipment, or gambling paraphernalia.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 18, Code of Criminal Procedure, is
amended by adding Article 18.095 to read as follows:
Art. 18.095. SEIZURE OF CIRCUIT BOARD OF GAMBLING DEVICE,
EQUIPMENT, OR PARAPHERNALIA. For purposes of this chapter, an
officer directed under a search warrant to search for and seize a
gambling device or equipment, altered gambling equipment, or
gambling paraphernalia in the discretion of the officer may:
(1) seize only the programmable main circuit board of
the device, equipment, or paraphernalia if that circuit board is
designed as a subassembly or essential part of the device,
equipment, or paraphernalia to provide the information necessary
for the device, equipment, or paraphernalia to operate as a
gambling device or equipment, altered gambling equipment, or
gambling paraphernalia;
(2) carry the circuit board before the magistrate; and
(3) retain custody of the circuit board as the
property seized pursuant to the warrant as required under this
chapter.
SECTION 2. This Act takes effect September 1, 2009.
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