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A BILL TO BE ENTITLED
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AN ACT
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relating to a study of no-knock entries conducted in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 411, Government Code, is |
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amended by adding Section 411.055 to read as follows: |
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Sec. 411.055. NO-KNOCK ENTRY REPORT. (a) In this section: |
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(1) "Law enforcement agency" has the meaning assigned |
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by Article 59.01, Code of Criminal Procedure. |
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(2) "No-knock entry" means a peace officer's entry, |
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for the purpose of executing a warrant, into a building or other |
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place without giving notice of the officer's authority or purpose |
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before entering. |
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(b) Not later than December 1, 2020, a law enforcement |
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agency that executes a no-knock entry shall submit a report to the |
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director, on a form provided by the department, providing the |
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following information for the period beginning on October 1, 2019, |
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and ending on November 1, 2020: |
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(1) the number of no-knock entries executed by the law |
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enforcement agency; and |
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(2) for each no-knock entry executed: |
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(A) whether one or more officers were injured or |
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died as a result of the entry, with a description of each type of |
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injury sustained by an officer and the cause of death of each |
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officer who died; |
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(B) whether one or more occupants were injured or |
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died as a result of the entry, with a description of each type of |
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injury sustained by an occupant and the cause of death of each |
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occupant who died; |
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(C) the criminal activity described in the |
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warrant authorizing the entry that the law enforcement agency: |
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(i) suspected was being conducted inside |
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the place entered; or |
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(ii) accused an occupant of the place of |
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having conducted; |
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(D) a description of any evidence sought by the |
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warrant authorizing the entry and a description of any evidence |
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obtained; and |
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(E) the identity of any individual sought by the |
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warrant authorizing the entry and the identity of any individual |
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arrested. |
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(c) Not later than January 1, 2021, the director shall |
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compile the reports received under Subsection (b) and provide a |
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report to the governor, the lieutenant governor, and the |
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legislature. The report must contain the following information |
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regarding no-knock entries for the previous calendar year: |
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(1) the number executed by each law enforcement |
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agency; |
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(2) statistics analyzing the number of injuries or |
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deaths sustained by officers or occupants; |
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(3) for no-knock entries executed for the purpose of |
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obtaining evidence, the proportion of those entries where the |
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evidence described by the warrant authorizing the entry was |
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obtained; |
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(4) for no-knock entries executed for the purpose of |
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arresting an individual, the proportion of those entries where the |
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individual described by the warrant authorizing the entry was |
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arrested; and |
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(5) the proportion of violent crimes to nonviolent or |
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drug-related offenses for which no-knock entries were executed. |
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(d) Not later than September 1, 2019, the director shall |
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promulgate the form required under Subsection (b). |
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(e) This section expires September 1, 2021. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |