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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 district court judge or statutory county court judge |
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may issue a warrant under this chapter that authorizes a no-knock |
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entry only if: |
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(1) the complaint is submitted concurrently with a |
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statement, signed by the chief administrator of the law enforcement |
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agency employing the affiant or by the chief administrator's |
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designee, that a no-knock entry is necessary to avoid the risk of |
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death or serious bodily injury to peace officers and to others; and |
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(2) the warrant requires: |
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(A) each peace officer executing the warrant to |
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be in uniform or otherwise clearly identifiable as a peace officer; |
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and |
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(B) to the extent that the law enforcement agency |
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has the technology available, that the agency make a good faith |
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effort to have each peace officer executing the warrant be equipped |
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with a body worn camera. |
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(d) A person designated by a chief administrator under |
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Subsection (c)(1) must be a peace officer who reports directly to |
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the chief administrator. |
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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 district court judge or statutory county court judge |
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may issue a warrant under this chapter that authorizes a no-knock |
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entry only if: |
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(1) the affidavit under Article 18.01(b) is submitted |
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concurrently with a statement, signed by the chief administrator of |
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the law enforcement agency employing the affiant or by the chief |
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administrator's designee, that a no-knock entry is necessary to |
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avoid the risk of death or serious bodily injury to peace officers |
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and to others; and |
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(2) the warrant requires: |
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(A) each peace officer executing the warrant to |
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be in uniform or otherwise clearly identifiable as a peace officer; |
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and |
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(B) to the extent that the law enforcement agency |
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has the technology available, that the agency make a good faith |
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effort to have each peace officer executing the warrant be equipped |
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with a body worn camera. |
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(d) A person designated by a chief administrator under |
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Subsection (c)(1) must be a peace officer who reports directly to |
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the chief administrator. |
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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, 2021. |