AEZ C.S.H.B. 3350 75(R)BILL ANALYSIS CRIMINAL JURISPRUDENCE C.S.H.B. 3350 By: Place 5-5-97 Committee Report (Substituted) BACKGROUND There are machines, most commonly known as "eight-liners," that can look and play like machines found in casinos. Through the process of accumulation, prizes can increase. In some areas of the state, the machines pay-off with gift certificates that are worth more than is presently allowed by state law. PURPOSE CSHB 3350, as proposed, would ban machines that simulate casino games. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 47.01 Penal Code, Definitions, by: Amending the definition of "gambling device" and deleting sec. 407.01(4)(A) and (B); Amending the definition of "thing of value;" Adding new Subsection 10 defining "amusement machine;" Subsection 11 defining "non-cash merchandise;" Subsection 12 defining "Device;" Subsection 13 defining "gambling;" and Subsection 14 defining "Eight-liner." SECTION 2.Amends Section 47.02(e) Penal Code by allowing a defense to prosecution under this section that a person played for something of value other than money using an amusement machine. SECTION 3.Amends Section 47.03, Penal Code GAMBLING PROMOTION by adding the operating of gambling device. Makes offenses under this section a state jail felony. SECTION 4.Amends Section 47.06(e) by making an offense under this section a state jail felony. SECTION 5.Effective Date: September 1, 1997. SECTION 6.The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. SECTION 7.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute provides that the definition of "gambling device" is any device, other than an amusement machine, on which a game of skill or chance, or a combination of skill or chance, can be played for consideration and that is designed, constructed, adapted, or maintained to afford a player of the device an opportunity to obtain anything of value based solely or partially on chance, without regard to whether the device is actually used to afford a player an opportunity to obtain anything of value or whether a thing of value is actually dispensed by the device. The substitute amends Subsection (9) which defines "thing of value". CSHB 3350 adds the following Subsections: Subsection (10) which defines "amusement machine", Subsection (11) which defines "noncash merchandise", Subsection (12) which defines "device", Subsection (13) which defines "gambling" and Subsection (14) which defines "eight-liner". These definitions were not included in the original bill. The substitute also changes the offense of gambling promotion from a Class A misdemeanor to a state jail felony. The substitute also changes the offense of possession of gambling device, equipment or paraphernalia from a Class A misdemeanor to a state jail felony.