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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the criminal offense of unlawful federal |
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searches and seizures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 39, Penal Code, is amended by adding |
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Section 39.08 to read as follows: |
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Sec. 39.08. UNLAWFUL FEDERAL SEARCHES AND SEIZURES. (a) In |
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this section, "no-knock entry" means the entry of a government or |
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federal government officer, agent, or employee, 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, agent's, or employee's authority or purpose |
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before entering. |
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(b) A person commits an offense if the person is an officer, |
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agent, or employee of: |
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(1) the federal government and in the course and scope |
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of duty conducts: |
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(A) a no-knock entry on the property of a citizen |
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of this state; |
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(B) an arrest or search at the residence of a |
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citizen of this state between the hours of 8 p.m. and 8 a.m.; or |
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(C) an arrest or search of a citizen of this state |
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without first obtaining the consent of the sheriff of the county in |
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which the citizen is located; or |
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(2) this state or a political subdivision of this |
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state or any branch or agency of this state or a political |
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subdivision of this state and in the course and scope of duty |
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assists an officer, agent, or employee of the federal government in |
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conducting a no-knock entry, arrest, or search described by |
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Subdivision (1)(A) or (B). |
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(c) An offense under this section is a Class A misdemeanor. |
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(d) If conduct that constitutes an offense under this |
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section also constitutes an offense under another law, the |
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defendant may be prosecuted under this section, the other law, or |
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both. |
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SECTION 2. This Act takes effect September 1, 2025. |