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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a warrant authorizing the use of a |
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no-knock entry by a peace officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 15, Code of Criminal Procedure, is |
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amended by adding Article 15.251 to read as follows: |
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Art. 15.251. NO-KNOCK WARRANT. (a) In this article, |
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"no-knock entry" means a peace officer's entry, for the purpose of |
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executing a warrant, into a building or other place without giving |
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notice of the officer's authority or purpose before entering. |
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(b) Except as provided by Subsection (c), a magistrate may |
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not issue a warrant under this chapter that authorizes a no-knock |
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entry. |
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(c) A magistrate listed in Subsection (d) may issue a |
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warrant under this chapter that authorizes a no-knock entry only |
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if: |
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(1) the complaint is submitted concurrently with a |
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statement that approves the use of a no-knock entry and that is |
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signed by the chief administrator of the law enforcement agency |
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employing the affiant or by the chief administrator's designee; and |
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(2) the warrant requires that each peace officer |
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executing the warrant be in uniform or otherwise clearly |
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identifiable as a peace officer. |
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(d) Notwithstanding any other law, only the following |
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magistrates may issue a warrant under this chapter that authorizes |
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a no-knock entry: |
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(1) a district court judge; |
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(2) a statutory county court judge; |
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(3) a judge of a county court who is an attorney |
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licensed by this state; |
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(4) a judge of a municipal court of record who is an |
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attorney licensed by this state; or |
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(5) any magistrate if the county in which the warrant |
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is issued does not have: |
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(A) a municipal court of record with a courtroom |
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located in that county and a judge who is an attorney licensed by |
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this state; |
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(B) a county court judge who is an attorney |
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licensed by this state; or |
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(C) a statutory county court judge. |
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SECTION 2. Chapter 18, Code of Criminal Procedure, is |
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amended by adding Article 18.025 to read as follows: |
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Art. 18.025. NO-KNOCK WARRANT. (a) In this |
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article, "no-knock entry" has the meaning assigned by Article |
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15.251. |
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(b) Except as provided by Subsection (c), a magistrate may |
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not issue a warrant under this chapter that authorizes a no-knock |
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entry. |
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(c) A magistrate listed in Subsection (d) may issue a |
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warrant under this chapter that authorizes a no-knock entry only |
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if: |
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(1) the affidavit under Article 18.01(b) is submitted |
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concurrently with a statement that approves the use of a no-knock |
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entry and that is signed by the chief administrator of the law |
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enforcement agency employing the affiant or by the chief |
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administrator's designee; and |
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(2) the warrant requires that each peace officer |
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executing the warrant be in uniform or otherwise clearly |
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identifiable as a peace officer. |
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(d) Notwithstanding any other law, only the following |
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magistrates may issue a warrant under this chapter that authorizes |
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|
a no-knock entry: |
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|
(1) a district court judge; |
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|
(2) a statutory county court judge; |
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(3) a judge of a county court who is an attorney |
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licensed by this state; |
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(4) a judge of a municipal court of record who is an |
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attorney licensed by this state; or |
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(5) any magistrate if the county in which the warrant |
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is issued does not have: |
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(A) a municipal court of record with a courtroom |
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located in that county and a judge who is an attorney licensed by |
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this state; |
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(B) a county court judge who is an attorney |
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licensed by this state; or |
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(C) a statutory county court judge. |
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SECTION 3. The change in law made by this Act applies only |
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to a warrant issued on or after the effective date of this Act. A |
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warrant issued before the effective date of this Act is governed by |
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the law in effect on the date the warrant was issued, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |