| 1 | 1 | | 84R785 ADM-D |
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| 2 | 2 | | By: Stickland H.B. No. 3909 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the execution of an arrest or search warrant. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article 15.25, Code of Criminal Procedure, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | Art. 15.25. MAY NOT BREAK DOOR. (a) The [In case of felony, |
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| 12 | 12 | | the] officer may not break down the door of any house for the |
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| 13 | 13 | | purpose of making an arrest, unless: |
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| 14 | 14 | | (1) the arrest is for a felony; and |
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| 15 | 15 | | (2) the officer is [if he be] refused admittance after |
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| 16 | 16 | | giving notice of the officer's [his] authority and purpose. |
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| 17 | 17 | | (b) The officer may not break down the door of any house for |
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| 18 | 18 | | the purpose of making an arrest for a misdemeanor. |
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| 19 | 19 | | SECTION 2. Article 18.06(b), Code of Criminal Procedure, is |
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| 20 | 20 | | amended to read as follows: |
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| 21 | 21 | | (b) Before entering [On searching] the place ordered to be |
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| 22 | 22 | | searched, the officer executing the warrant shall announce the |
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| 23 | 23 | | officer's presence and, if the owner of the place is present, shall |
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| 24 | 24 | | present a copy of the warrant to the owner [of the place, if he is |
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| 25 | 25 | | present]. If the owner of the place is not present but a person who |
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| 26 | 26 | | is present is in possession of the place, the officer shall present |
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| 27 | 27 | | a copy of the warrant to the person. Before the officer takes |
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| 28 | 28 | | property from the place, the officer [he] shall prepare a written |
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| 29 | 29 | | inventory of the property to be taken. The officer [He] shall |
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| 30 | 30 | | legibly endorse the officer's [his] name on the inventory and |
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| 31 | 31 | | present a copy of the inventory to the owner or other person in |
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| 32 | 32 | | possession of the property. If neither the owner nor a person in |
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| 33 | 33 | | possession of the property is present when the officer executes the |
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| 34 | 34 | | warrant, the officer shall leave a copy of the warrant and the |
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| 35 | 35 | | inventory at the place. |
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| 36 | 36 | | SECTION 3. Article 38.23(b), Code of Criminal Procedure, is |
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| 37 | 37 | | amended to read as follows: |
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| 38 | 38 | | (b) Except as otherwise provided by this subsection, it [It] |
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| 39 | 39 | | is an exception to the provisions of Subsection (a) [of this |
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| 40 | 40 | | Article] that the evidence was obtained by a law enforcement |
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| 41 | 41 | | officer acting in objective good faith reliance upon a warrant |
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| 42 | 42 | | issued by a neutral magistrate based on probable cause. This |
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| 43 | 43 | | subsection does not apply to evidence obtained as a result of an |
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| 44 | 44 | | entry made by a law enforcement officer who: |
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| 45 | 45 | | (1) breaks down the door to a house in violation of |
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| 46 | 46 | | Article 15.25; or |
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| 47 | 47 | | (2) in violation of Article 18.06(b), executes a |
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| 48 | 48 | | warrant before announcing the officer's presence. |
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| 49 | 49 | | SECTION 4. The change in law made by this Act applies only |
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| 50 | 50 | | to the execution of an arrest or search warrant that is issued on or |
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| 51 | 51 | | after the effective date of this Act. The execution of an arrest or |
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| 52 | 52 | | search warrant that was issued before the effective date of this Act |
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| 53 | 53 | | is governed by the law in effect on the date the warrant was issued, |
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| 54 | 54 | | and the former law is continued in effect for that purpose. |
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| 55 | 55 | | SECTION 5. This Act takes effect September 1, 2015. |
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