BILL ANALYSIS Senate Research Center H.B. 492 By: Wu et al. (West) Jurisprudence 5/21/2021 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Concerns have been raised regarding the issuance of arrest warrants and search warrants that authorize the use of a no-knock entry in which a peace officer enters a building without first giving notice of the officer's authority or purpose before entering. H.B. 492 seeks to address these concerns by prohibiting the issuance of these warrants except under limited circumstances. H.B. 492 amends current law relating to the issuance of a warrant authorizing the use of a no-knock entry by a peace officer. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 15, Code of Criminal Procedure, by adding Article 15.251, as follows: Art. 15.251. NO-KNOCK WARRANT. (a) Defines "no-knock entry." (b) Prohibits a magistrate, except as provided by Subsection (c), from issuing a warrant under Chapter 15 (Arrest Under Warrant) that authorizes a no-knock entry. (c) Authorizes a district court judge or statutory county court judge to issue a warrant under Chapter 15 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) Requires a person designated by a chief administrator under Subsection (c)(1) to be a peace officer who reports directly to the chief administrator. SECTION 2. Amends Chapter 18, Code of Criminal Procedure, by adding Article 18.025, as follows: Art. 18.025. NO-KNOCK WARRANT. (a) "Defines "no-knock entry." (b) Prohibits a magistrate, except as provided by Subsection (c), from issuing a warrant under Chapter 18 (Search Warrants) that authorizes a no-knock entry. (c) Authorizes a district court judge or statutory county court judge to issue a warrant under Chapter 18 that authorizes a no-knock entry only if: (1) the affidavit under Article 18.01(b) (relating to prohibiting a search warrant from being issued unless probable cause exists) 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) Requires a person designated by a chief administrator under Subsection (c)(1) to be a peace officer who reports directly to the chief administrator. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 2021.
BILL ANALYSIS
Senate Research Center H.B. 492
By: Wu et al. (West)
Jurisprudence
5/21/2021
Engrossed
Senate Research Center
H.B. 492
By: Wu et al. (West)
Jurisprudence
5/21/2021
Engrossed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Concerns have been raised regarding the issuance of arrest warrants and search warrants that authorize the use of a no-knock entry in which a peace officer enters a building without first giving notice of the officer's authority or purpose before entering. H.B. 492 seeks to address these concerns by prohibiting the issuance of these warrants except under limited circumstances.
H.B. 492 amends current law relating to the issuance of a warrant authorizing the use of a no-knock entry by a peace officer.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 15, Code of Criminal Procedure, by adding Article 15.251, as follows:
Art. 15.251. NO-KNOCK WARRANT. (a) Defines "no-knock entry."
(b) Prohibits a magistrate, except as provided by Subsection (c), from issuing a warrant under Chapter 15 (Arrest Under Warrant) that authorizes a no-knock entry.
(c) Authorizes a district court judge or statutory county court judge to issue a warrant under Chapter 15 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) Requires a person designated by a chief administrator under Subsection (c)(1) to be a peace officer who reports directly to the chief administrator.
SECTION 2. Amends Chapter 18, Code of Criminal Procedure, by adding Article 18.025, as follows:
Art. 18.025. NO-KNOCK WARRANT. (a) "Defines "no-knock entry."
(b) Prohibits a magistrate, except as provided by Subsection (c), from issuing a warrant under Chapter 18 (Search Warrants) that authorizes a no-knock entry.
(c) Authorizes a district court judge or statutory county court judge to issue a warrant under Chapter 18 that authorizes a no-knock entry only if:
(1) the affidavit under Article 18.01(b) (relating to prohibiting a search warrant from being issued unless probable cause exists) 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) Requires a person designated by a chief administrator under Subsection (c)(1) to be a peace officer who reports directly to the chief administrator.
SECTION 3. Makes application of this Act prospective.
SECTION 4. Effective date: September 1, 2021.