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House Amendment 1
S 3 - Session 120 (2013-2014)
Bingo, raffles, and other special events
Reference is to Printer's Date 2/6/13-H.
Amend the bill, as and if amended, page 3, by adding a penultimate new SECTION appropriately numbered to read:
/ SECTION __. Section 12-21-2712 of the 1976 Code is amended to read:
"Section 12-21-2712.
(A) Any machine, board, or
other device prohibited by Section 12-21-2710 must be seized by
any law enforcement officer and at once taken before any
magistrate of the county in which the machine, board, or device
is seized who shall immediately shall
examine it, and if satisfied that it is in violation of Section
12-21-2710 or any other law of this State, direct that it be
immediately destroyed.
(B) If the
magistrate determines that the machine is not in violation of
Section 12-21-2710 of any other state law, the machine must be
immediately returned to the party from which it was seized and
that machine nor any other machine with identical manufacturing
may be seized by law enforcement without a reasonable suspicion
that the machine has been altered.
(C) A ruling issued by
a magistrate pursuant to this section is binding on both machine
operators and law enforcement officers operating within the
jurisdiction of the magistrate. If the ruling of a magistrate
pursuant to this section is appealed to the court of common
pleas for the county, then the ruling of the court on that
appeal is binding on machine operators and law enforcement
officers throughout the judicial circuit in which the county is
located. /
Renumber sections to conform.
Amend title to conform.