| 1 | 1 | | 87R892 ADM-D |
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| 2 | 2 | | By: Reynolds H.B. No. 2009 |
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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 a prohibition on the issuance of a warrant authorizing |
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| 8 | 8 | | the use of a no-knock entry by a peace officer. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 15, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 15.251 to read as follows: |
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| 12 | 12 | | Art. 15.251. NO-KNOCK WARRANT PROHIBITED. (a) In this |
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| 13 | 13 | | article, "no-knock entry" means a peace officer's entry, for the |
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| 14 | 14 | | purpose of executing a warrant, into a building or other place |
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| 15 | 15 | | without giving notice of the officer's authority or purpose before |
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| 16 | 16 | | entering. |
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| 17 | 17 | | (b) A magistrate may not issue a warrant under this chapter |
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| 18 | 18 | | that authorizes a no-knock entry. |
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| 19 | 19 | | SECTION 2. Chapter 18, Code of Criminal Procedure, is |
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| 20 | 20 | | amended by adding Article 18.025 to read as follows: |
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| 21 | 21 | | Art. 18.025. NO-KNOCK WARRANT PROHIBITED. (a) In this |
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| 22 | 22 | | article, "no-knock entry" has the meaning assigned by Article |
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| 23 | 23 | | 15.251. |
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| 24 | 24 | | (b) A magistrate may not issue a warrant under this chapter |
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| 25 | 25 | | that authorizes a no-knock entry. |
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| 26 | 26 | | SECTION 3. The change in law made by this Act applies only |
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| 27 | 27 | | to a warrant issued on or after the effective date of this Act. A |
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| 28 | 28 | | warrant issued before the effective date of this Act is governed by |
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| 29 | 29 | | the law in effect on the date the warrant was issued, and the former |
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| 30 | 30 | | law is continued in effect for that purpose. |
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| 31 | 31 | | SECTION 4. This Act takes effect September 1, 2021. |
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