Gambling devices and proceeds are forfeitable under:

• A. Neither
• B. Both
• C. Penal Code Article 18.18
• D. Chapter59 only

Answer: (B)

The concept being tested is that asset forfeiture can apply to both the instruments used in a crime and the profits derived from that crime. Gambling devices are the tools used to commit the offense, while the proceeds are the money gained from the gambling operation. Penal Code Article 18.18 provides authority to forfeit property used in the commission of offenses and the proceeds, and Chapter 59 offers the procedural framework and additional authority for forfeiture in gambling-related cases. Because both statutes authorize these forfeitures, gambling devices and their proceeds can be forfeitable under either one, making the combination of authorities applicable. Therefore, the correct understanding is that both statutes support forfeiture of these items.