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A BILL TO BE ENTITLED
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AN ACT
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relating to no-knock warrants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Breonna |
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Taylor-Atatiana Jefferson Safe Use of Force Act. |
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SECTION 2. 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) Notwithstanding any other law, only a district court |
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judge may issue an arrest warrant under this chapter that |
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authorizes a no-knock entry. |
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(c) An applicant for a warrant under this chapter that |
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authorizes a no-knock entry must state in the complaint that: |
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(1) the applicant has personal knowledge of facts that |
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support the necessity of a no-knock entry; and |
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(2) the applicant's supervisor has approved the |
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complaint. |
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(d) A warrant issued under this chapter that authorizes a |
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no-knock entry must: |
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(1) state the building or other place for which the |
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no-knock entry is authorized; and |
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(2) require each officer executing the warrant to: |
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(A) be equipped with a body worn camera; |
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(B) activate the camera before executing the |
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warrant; and |
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(C) not deactivate the camera or allow the camera |
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to be deactivated until execution of the warrant is completed. |
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(e) Before a warrant issued under this chapter that |
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authorizes a no-knock entry may be executed: |
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(1) the law enforcement agency intending to execute |
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the warrant must provide at least 24 hours' notice before execution |
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to the judge who issued the warrant; and |
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(2) the supervisor described by Subsection (c)(2) must |
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confirm: |
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(A) the illegal activity alleged in the complaint |
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is ongoing or has taken place during the preceding 24-hour period at |
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the building or other place stated in the warrant; and |
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(B) the accused is frequently present at the |
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building or other place and has been identified as being present at |
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that location in the preceding 12-hour period. |
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(f) This article does not apply if the accused is alleged to |
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have committed: |
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(1) an offense punishable as a felony that involves |
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causing or attempting to cause serious bodily injury to a person; or |
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(2) an offense under any of the following provisions |
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of the Penal Code: |
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(A) Section 20.04; |
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(B) Section 22.02; |
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(C) Section 22.021; or |
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(D) Section 29.03. |
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SECTION 3. 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 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 |
|
|
notice of the officer's authority or purpose before entering. |
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|
(b) Notwithstanding any other law, only a district court |
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|
judge may issue a warrant under this chapter that authorizes a |
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|
no-knock entry. |
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(c) An applicant for a warrant under this chapter that |
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authorizes a no-knock entry must state in the sworn affidavit |
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submitted under Article 18.01(b) that: |
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(1) the applicant has personal knowledge of facts that |
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support the necessity of a no-knock entry; and |
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(2) the applicant's supervisor has approved the |
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affidavit. |
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(d) A warrant issued under this chapter that authorizes a |
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no-knock entry must: |
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(1) state the building or other place for which the |
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no-knock entry is authorized; and |
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(2) require each officer executing the warrant to: |
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|
(A) be equipped with a body worn camera; |
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|
(B) activate the camera before executing the |
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|
warrant; and |
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(C) not deactivate the camera or allow the camera |
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to be deactivated until execution of the warrant is completed. |
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(e) Before a warrant issued under this chapter that |
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authorizes a no-knock entry may be executed: |
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(1) the law enforcement agency intending to execute |
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|
the warrant must provide at least 24 hours' notice before execution |
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|
to the judge who issued the warrant; and |
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(2) the supervisor described by Subsection (c)(2) must |
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confirm the illegal activity alleged in the affidavit is ongoing or |
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has taken place in the preceding 24-hour period at the building or |
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other place stated in the warrant. |
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(f) This article does not apply if the property to be seized |
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is alleged to be related to the commission of: |
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(1) an offense punishable as a felony that involves |
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causing or attempting to cause serious bodily injury to a person; or |
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(2) an offense under any of the following provisions |
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of the Penal Code: |
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(A) Section 20.04; |
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(B) Section 22.02; |
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(C) Section 22.021; or |
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(D) Section 29.03. |
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SECTION 4. 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 5. This Act takes effect September 1, 2021. |