TX
Texas House Bill HB1272

Texas 2021 - 87th Regular

Texas House Bill HB1272 Compare Versions

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1-87R18543 ADM-D
2- By: Crockett, Reynolds, Cason, Talarico, H.B. No. 1272
3- et al.
4- Substitute the following for H.B. No. 1272:
5- By: Collier C.S.H.B. No. 1272
1+87R892 ADM-D
2+ By: Crockett H.B. No. 1272
63
74
85 A BILL TO BE ENTITLED
96 AN ACT
10- relating to the issuance of a warrant authorizing the use of a
11- no-knock entry by a peace officer.
7+ relating to a prohibition on the issuance of a warrant authorizing
8+ the use of a no-knock entry by a peace officer.
129 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1310 SECTION 1. Chapter 15, Code of Criminal Procedure, is
1411 amended by adding Article 15.251 to read as follows:
15- Art. 15.251. ISSUANCE OF NO-KNOCK WARRANT. (a) In this
12+ Art. 15.251. NO-KNOCK WARRANT PROHIBITED. (a) In this
1613 article, "no-knock entry" means a peace officer's entry, for the
1714 purpose of executing a warrant, into a building or other place
1815 without giving notice of the officer's authority or purpose before
1916 entering.
20- (b) A magistrate may issue a warrant under this chapter that
21- authorizes a no-knock entry only if:
22- (1) the magistrate is not:
23- (A) a justice of the peace;
24- (B) a municipal court judge; or
25- (C) a constitutional county court judge;
26- (2) the magistrate determines by clear and convincing
27- evidence that:
28- (A) the person who is the subject of the warrant
29- has committed a violent offense; and
30- (B) any entry other than a no-knock entry would
31- endanger a person's life or result in the destruction of evidence;
32- and
33- (3) the warrant requires:
34- (A) each peace officer executing the warrant to
35- be in uniform and clearly identifiable as a peace officer;
36- (B) each peace officer executing the warrant to
37- be equipped with a body worn camera and to:
38- (i) activate the camera before executing
39- the warrant; and
40- (ii) not deactivate the camera or allow the
41- camera to be deactivated until at least 15 minutes after execution
42- of the warrant is completed; and
43- (C) the no-knock entry to be performed only
44- between the hours of 6 a.m. and 10 p.m.
17+ (b) A magistrate may not issue a warrant under this chapter
18+ that authorizes a no-knock entry.
4519 SECTION 2. Chapter 18, Code of Criminal Procedure, is
4620 amended by adding Article 18.025 to read as follows:
47- Art. 18.025. ISSUANCE OF NO-KNOCK WARRANT. (a) In this
21+ Art. 18.025. NO-KNOCK WARRANT PROHIBITED. (a) In this
4822 article, "no-knock entry" has the meaning assigned by Article
4923 15.251.
50- (b) A magistrate may issue a warrant under this chapter that
51- authorizes a no-knock entry only if:
52- (1) the magistrate is not:
53- (A) a justice of the peace;
54- (B) a municipal court judge; or
55- (C) a constitutional county court judge;
56- (2) the affidavit alleges the commission of a violent
57- offense, and the magistrate determines by clear and convincing
58- evidence that:
59- (A) the violent offense is ongoing or has taken
60- place at the building or other place stated in the warrant; and
61- (B) any entry other than a no-knock entry would
62- endanger a person's life or would result in the destruction of
63- evidence; and
64- (3) the warrant requires:
65- (A) each peace officer executing the warrant to
66- be in uniform and clearly identifiable as a peace officer;
67- (B) each peace officer executing the warrant to
68- be equipped with a body worn camera and to:
69- (i) activate the camera before executing
70- the warrant; and
71- (ii) not deactivate the camera or allow the
72- camera to be deactivated until at least 15 minutes after execution
73- of the warrant is completed; and
74- (C) the no-knock entry to be performed only
75- between the hours of 6 a.m. and 10 p.m.
24+ (b) A magistrate may not issue a warrant under this chapter
25+ that authorizes a no-knock entry.
7626 SECTION 3. The change in law made by this Act applies only
7727 to a warrant issued on or after the effective date of this Act. A
7828 warrant issued before the effective date of this Act is governed by
7929 the law in effect on the date the warrant was issued, and the former
8030 law is continued in effect for that purpose.
8131 SECTION 4. This Act takes effect September 1, 2021.