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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on the issuance of a warrant authorizing |
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the use of a no-knock entry by a peace officer in certain |
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municipalities. |
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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 PROHIBITED IN CERTAIN |
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MUNICIPALITIES. (a) In this article, "no-knock entry" means a |
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peace officer's entry, for the purpose of executing a warrant, into |
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a building or other place without giving notice of the officer's |
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authority or purpose before entering. |
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(b) A magistrate may not issue a warrant under this chapter |
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that authorizes a no-knock entry into a building or other place |
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located in a municipality with a population of two million or more. |
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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 PROHIBITED IN CERTAIN |
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MUNICIPALITIES. (a) In this article, "no-knock entry" has the |
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meaning assigned by Article 15.251. |
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(b) A magistrate may not issue a warrant under this chapter |
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that authorizes a no-knock entry into a building or other place |
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located in a municipality with a population of two million or more. |
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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. |