| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a prohibition on the issuance of a warrant authorizing |
|
|
the use of a no-knock entry by a peace officer. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 15, Code of Criminal Procedure, is |
|
|
amended by adding Article 15.251 to read as follows: |
|
|
Art. 15.251. NO-KNOCK WARRANT PROHIBITED. (a) In this |
|
|
article, "no-knock entry" means a peace officer's entry, for the |
|
|
purpose of executing a warrant, into a building or other place |
|
|
without giving notice of the officer's authority or purpose before |
|
|
entering. |
|
|
(b) A magistrate may not issue a warrant under this chapter |
|
|
that authorizes a no-knock entry. |
|
|
SECTION 2. Chapter 18, Code of Criminal Procedure, is |
|
|
amended by adding Article 18.025 to read as follows: |
|
|
Art. 18.025. NO-KNOCK WARRANT PROHIBITED. (a) In this |
|
|
article, "no-knock entry" has the meaning assigned by Article |
|
|
15.251. |
|
|
(b) A magistrate may not issue a warrant under this chapter |
|
|
that authorizes a no-knock entry. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to a warrant issued on or after the effective date of this Act. A |
|
|
warrant issued before the effective date of this Act is governed by |
|
|
the law in effect on the date the warrant was issued, and the former |
|
|
law is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |