By: Wu, et al. (Senate Sponsor - West) H.B. No. 492
(In the Senate - Received from the House May 10, 2021;
May 21, 2021, read first time and referred to Committee on
Jurisprudence; May 24, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 4, Nays 0;
May 24, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 492 By: Hinojosa
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) Notwithstanding any other law, only the following
magistrates may issue a warrant under this chapter that authorizes
a no-knock entry:
(1) a district court judge;
(2) a statutory county court judge;
(3) a judge of a county court who is an attorney
licensed by this state;
(4) a judge of a municipal court of record who is an
attorney licensed by this state; or
(5) any magistrate if the county in which the warrant
is issued does not have:
(A) a municipal court of record with a courtroom
located in that county and a judge who is an attorney licensed by
this state;
(B) a county court judge who is an attorney
licensed by this state; or
(C) a statutory county court judge.
(c) A magistrate may issue a warrant under this chapter that
authorizes a no-knock entry only if the complaint is submitted
concurrently with a statement that approves the use of a no-knock
entry and that is signed by the chief administrator of the law
enforcement agency employing the affiant or by the chief
administrator's designee.
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) Notwithstanding any other law, only the following
magistrates may issue a warrant under this chapter that authorizes
a no-knock entry:
(1) a district court judge;
(2) a statutory county court judge;
(3) a judge of a county court who is an attorney
licensed by this state;
(4) a judge of a municipal court of record who is an
attorney licensed by this state; or
(5) any magistrate if the county in which the warrant
is issued does not have:
(A) a municipal court of record with a courtroom
located in that county and a judge who is an attorney licensed by
this state;
(B) a county court judge who is an attorney
licensed by this state; or
(C) a statutory county court judge.
(c) A magistrate may issue a warrant under this chapter that
authorizes a no-knock entry only if the affidavit under Article
18.01(b) is submitted concurrently with a statement that approves
the use of a no-knock entry and that is signed by the chief
administrator of the law enforcement agency employing the affiant
or by the chief administrator's designee.
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.
* * * * *