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Can you summarize Tex. Code of Criminal Procedure Art. 18.18?
SEARCH WARRANTS > DISPOSITION OF GAMBLING PARAPHERNALIA, PROHIBITED WEAPON, CRIMINAL INSTRUMENT, AND OTHER CONTRABAND.
Short Summary
This section of the Texas Code of Criminal Procedure governs the disposition of various items seized in connection with certain offenses. After a final conviction for possession of gambling devices or equipment, altered gambling equipment, gambling paraphernalia, offenses involving criminal instruments, obscene devices or material, child pornography, scanning devices or re-encoders, or dog fighting offenses, the court must order the destruction or forfeiture of the seized items. If there is no prosecution or conviction, the magistrate must notify the person found in possession of the seized items to show cause why the property should not be destroyed or the proceeds forfeited. If the person fails to appear or fails to prove that they are entitled to possession, the magistrate will dispose of the property or proceeds in accordance with the law. The section also provides definitions for terms such as ‘criminal instrument,’ ‘gambling device or equipment,’ ‘prohibited weapon,’ ‘dog-fighting equipment,’ ‘obscene device,’ ’re-encoder,’ ‘scanning device,’ ‘obscene material,’ and ‘child pornography.’ Providers of electronic communication services or remote computing services are protected from liability for offenses involving obscene material or child pornography if they act in good faith in providing their services.
Whom does it apply to?
Persons convicted of possession of gambling devices or equipment, altered gambling equipment, gambling paraphernalia, offenses involving criminal instruments, obscene devices or material, child pornography, scanning devices or re-encoders, and dog fighting offenses
What does it govern?
Disposition of gambling paraphernalia, prohibited weapon, criminal instrument, and other contraband
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
Forfeiture or destruction of the seized items
Jurisdiction
Texas