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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 performed by law |
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enforcement agencies 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 411.056 to read as follows: |
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Sec. 411.056. REPORT ON NO-KNOCK ENTRIES BY LAW ENFORCEMENT |
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AGENCIES. (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, 2022, a law enforcement |
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agency that employs peace officers who perform no-knock entries |
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shall report to the department, on a form prescribed by the |
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director, the following information for the period beginning on |
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November 1, 2021, and ending on October 31, 2022: |
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(1) the number of no-knock entries performed by peace |
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officers employed by the law enforcement agency; and |
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(2) for each no-knock entry performed: |
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(A) whether any peace officer suffered an injury |
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or death as a result of the entry and a description of each injury |
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and cause of death, as applicable; |
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(B) whether any other person suffered an injury |
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or death as a result of the entry and a description of each injury |
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and cause of death, as applicable; |
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(C) if the entry was performed for the purpose of |
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executing a search warrant, a description of the property to be |
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searched for and of any property seized; |
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(D) if the entry was performed for the purpose of |
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executing an arrest warrant, the name of the person whose arrest was |
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ordered and the offense the person was accused of committing; and |
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(E) the name of any person arrested. |
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(c) Not later than January 1, 2023, the director shall |
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summarize the information received under Subsection (b) in a report |
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to the governor, the lieutenant governor, and each standing |
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committee of the legislature with primary jurisdiction over |
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criminal justice matters. The report must contain the following |
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information: |
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(1) the total number of no-knock entries performed by |
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each law enforcement agency, and the number performed for each of |
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the following categories of offenses: |
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(A) offenses involving violence; |
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(B) nonviolent offenses; and |
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(C) drug-related offenses; |
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(2) the total number of peace officers and other |
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persons who suffered an injury or death as a result of a no-knock |
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entry; |
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(3) for no-knock entries that were performed for the |
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purpose of executing a search warrant, the proportion of those |
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entries in which the property described by the warrant was seized; |
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and |
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(4) for no-knock entries that were performed for the |
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purpose of executing an arrest warrant, the proportion of those |
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entries in which the person named in the warrant was arrested. |
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(d) Not later than December 1, 2021, the director shall |
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promulgate the form required under Subsection (b). |
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(e) This section expires September 1, 2023. |
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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, 2021. |