By: Wu, Moody, King of Parker, White H.B. No. 492
A BILL TO BE ENTITLED
AN ACT
relating to 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. (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) Except as provided by Subsection (c), a magistrate may
not issue a warrant under this chapter that authorizes a no-knock
entry.
(c) A district court judge or statutory county court judge
may issue a warrant under this chapter that authorizes a no-knock
entry only if:
(1) the complaint is submitted concurrently with a
statement, signed by the chief administrator of the law enforcement
agency employing the affiant or by the chief administrator's
designee, that a no-knock entry is necessary to avoid the risk of
death or serious bodily injury to peace officers and to others; and
(2) the warrant requires:
(A) each peace officer executing the warrant to
be in uniform or otherwise clearly identifiable as a peace officer;
and
(B) to the extent that the law enforcement agency
has the technology available, that the agency make a good faith
effort to have each peace officer executing the warrant be equipped
with a body worn camera.
(d) A person designated by a chief administrator under
Subsection (c)(1) must be a peace officer who reports directly to
the chief administrator.
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. (a) In this
article, "no-knock entry" has the meaning assigned by Article
15.251.
(b) Except as provided by Subsection (c), a magistrate may
not issue a warrant under this chapter that authorizes a no-knock
entry.
(c) A district court judge or statutory county court judge
may issue a warrant under this chapter that authorizes a no-knock
entry only if:
(1) the affidavit under Article 18.01(b) is submitted
concurrently with a statement, signed by the chief administrator of
the law enforcement agency employing the affiant or by the chief
administrator's designee, that a no-knock entry is necessary to
avoid the risk of death or serious bodily injury to peace officers
and to others; and
(2) the warrant requires:
(A) each peace officer executing the warrant to
be in uniform or otherwise clearly identifiable as a peace officer;
and
(B) to the extent that the law enforcement agency
has the technology available, that the agency make a good faith
effort to have each peace officer executing the warrant be equipped
with a body worn camera.
(d) A person designated by a chief administrator under
Subsection (c)(1) must be a peace officer who reports directly to
the chief administrator.
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.