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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. ISSUANCE OF NO-KNOCK WARRANT. (a) In this |
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article, "no-knock entry" means a peace officer's entry, for the |
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purpose of executing a warrant, into a building or other place |
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without giving notice of the officer's authority or purpose before |
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entering. |
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(b) A magistrate may issue a warrant under this chapter that |
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authorizes a no-knock entry only if: |
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(1) except as provided by Subsection (c), the |
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magistrate is an attorney licensed by the state who serves in the |
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county in which the warrant is to be executed or, if such a |
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magistrate cannot be located, in a contiguous county; |
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(2) the magistrate determines probable cause exists |
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that: |
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(A) the person who is the subject of the warrant |
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has committed a violent offense; and |
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(B) any entry other than a no-knock entry would |
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create an unreasonable risk of death or serious bodily injury or |
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would result in the destruction of relevant evidence; and |
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(3) the warrant requires: |
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(A) each peace officer participating in the |
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initial entry into the building or other place for purposes of |
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executing the warrant to be in uniform or otherwise clearly |
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identifiable as a peace officer; 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 and for each officer equipped with the |
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camera to: |
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(i) activate the camera before executing |
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the warrant; and |
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(ii) not deactivate the camera or allow the |
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camera to be deactivated until the earlier of: |
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(a) 15 minutes after each person at |
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the building or other place has been secured and, if appropriate, |
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searched pursuant to a lawful detention; or |
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(b) the officer leaves the building or |
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other place where the warrant was executed. |
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(c) A magistrate who is not an attorney licensed by this |
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state may issue a warrant under this chapter that authorizes a |
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no-knock entry only if the applicant in the complaint presented to |
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the magistrate states that the applicant attempted and failed to |
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locate a magistrate described by Subsection (b)(1) for purposes of |
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presenting the complaint. |
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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. ISSUANCE OF 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) A magistrate may issue a warrant under this chapter that |
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authorizes a no-knock entry only if: |
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|
(1) except as provided by Subsection (c), the |
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|
magistrate is an attorney licensed by the state who serves in the |
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|
county in which the warrant is to be executed or, if such a |
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magistrate cannot be located, in a contiguous county; |
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(2) the affidavit alleges the commission of a violent |
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offense, and the magistrate determines probable cause exists that: |
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(A) the violent offense is ongoing; or |
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(B) any entry other than a no-knock entry would |
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create an unreasonable risk of death or serious bodily injury or |
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|
would result in the destruction of relevant evidence; and |
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|
(3) the warrant requires: |
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|
(A) each peace officer participating in the |
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|
initial entry into the building or other place for purposes of |
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|
executing the warrant to be in uniform or otherwise clearly |
|
|
identifiable as a peace officer; and |
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|
(B) to the extent that the law enforcement agency |
|
|
has the technology available, that the agency make a good faith |
|
|
effort to have each peace officer executing the warrant be equipped |
|
|
with a body worn camera and for each officer equipped with the |
|
|
camera to: |
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|
(i) activate the camera before executing |
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|
the warrant; and |
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|
(ii) not deactivate the camera or allow the |
|
|
camera to be deactivated until the earlier of: |
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|
(a) 15 minutes after each person at |
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|
the building or other place has been secured and, if appropriate, |
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|
searched pursuant to a lawful detention; or |
|
|
(b) the officer leaves the building or |
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|
other place where the warrant was executed. |
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(c) A magistrate who is not an attorney licensed by this |
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state may issue a warrant under this chapter that authorizes a |
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no-knock entry only if the applicant in the sworn affidavit |
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submitted under Article 18.01(b) states that the applicant |
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attempted and failed to locate a magistrate described by Subsection |
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(b)(1) for purposes of presenting the affidavit. |
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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, 2025. |