87R9934 ADM-D
By: Thierry H.B. No. 2553
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on the issuance of a warrant authorizing
the use of a no-knock entry by a peace officer in certain
municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 15, Code of Criminal Procedure, is
amended by adding Article 15.251 to read as follows:
Art. 15.251. NO-KNOCK WARRANT PROHIBITED IN CERTAIN
MUNICIPALITIES. (a) In this article, "no-knock entry" means a
peace officer's entry, for the purpose of executing a warrant, into
a building or other place without giving notice of the officer's
authority or purpose before entering.
(b) A magistrate may not issue a warrant under this chapter
that authorizes a no-knock entry into a building or other place
located in a municipality with a population of two million or more.
SECTION 2. Chapter 18, Code of Criminal Procedure, is
amended by adding Article 18.025 to read as follows:
Art. 18.025. NO-KNOCK WARRANT PROHIBITED IN CERTAIN
MUNICIPALITIES. (a) In this article, "no-knock entry" has the
meaning assigned by Article 15.251.
(b) A magistrate may not issue a warrant under this chapter
that authorizes a no-knock entry into a building or other place
located in a municipality with a population of two million or more.
SECTION 3. The change in law made by this Act applies only
to a warrant issued on or after the effective date of this Act. A
warrant issued before the effective date of this Act is governed by
the law in effect on the date the warrant was issued, and the former
law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2021.