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A BILL TO BE ENTITLED
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AN ACT
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relating to the execution of an arrest or search warrant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 15.25, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 15.25. MAY NOT BREAK DOOR. (a) The [In case of felony,
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the] officer may not break down the door of any house for the |
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purpose of making an arrest, unless: |
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(1) the arrest is for a felony; and |
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(2) the officer is [if he be] refused admittance after |
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giving notice of the officer's [his] authority and purpose. |
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(b) The officer may not break down the door of any house for |
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the purpose of making an arrest for a misdemeanor. |
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SECTION 2. Article 18.06(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) Before entering [On searching] the place ordered to be |
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searched, the officer executing the warrant shall announce the |
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officer's presence and, if the owner of the place is present, shall |
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present a copy of the warrant to the owner [of the place, if he is
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present]. If the owner of the place is not present but a person who |
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is present is in possession of the place, the officer shall present |
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a copy of the warrant to the person. Before the officer takes |
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property from the place, the officer [he] shall prepare a written |
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inventory of the property to be taken. The officer [He] shall |
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legibly endorse the officer's [his] name on the inventory and |
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present a copy of the inventory to the owner or other person in |
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possession of the property. If neither the owner nor a person in |
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possession of the property is present when the officer executes the |
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warrant, the officer shall leave a copy of the warrant and the |
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inventory at the place. |
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SECTION 3. Article 38.23(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) Except as otherwise provided by this subsection, it [It] |
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is an exception to the provisions of Subsection (a) [of this
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Article] that the evidence was obtained by a law enforcement |
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officer acting in objective good faith reliance upon a warrant |
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issued by a neutral magistrate based on probable cause. This |
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subsection does not apply to evidence obtained as a result of an |
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entry made by a law enforcement officer who: |
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(1) breaks down the door to a house in violation of |
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Article 15.25; or |
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(2) in violation of Article 18.06(b), executes a |
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warrant before announcing the officer's presence. |
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SECTION 4. The change in law made by this Act applies only |
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to the execution of an arrest or search warrant that is issued on or |
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after the effective date of this Act. The execution of an arrest or |
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search warrant that was issued before the effective date of this Act |
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is governed by the law in effect on the date the warrant was issued, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2015. |