87R892 ADM-D
By: Wu H.B. No. 492
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.
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. (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.
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. (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.
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.