Texas 2021 - 87th Regular

Texas Senate Bill SB1544 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R11869 ADM-D
2	2	By: West S.B. No. 1544
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to no-knock warrants.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act may be cited as the Breonna
10	10	Taylor-Atatiana Jefferson Safe Use of Force Act.
11	11	SECTION 2. Chapter 15, Code of Criminal Procedure, is
12	12	amended by adding Article 15.251 to read as follows:
13	13	Art. 15.251. NO-KNOCK WARRANT. (a) In this article,
14	14	"no-knock entry" means a peace officer's entry, for the purpose of
15	15	executing a warrant, into a building or other place without giving
16	16	notice of the officer's authority or purpose before entering.
17	17	(b) Notwithstanding any other law, only a district court
18	18	judge may issue an arrest warrant under this chapter that
19	19	authorizes a no-knock entry.
20	20	(c) An applicant for a warrant under this chapter that
21	21	authorizes a no-knock entry must state in the complaint that:
22	22	(1) the applicant has personal knowledge of facts that
23	23	support the necessity of a no-knock entry; and
24	24	(2) the applicant's supervisor has approved the
25	25	complaint.
26	26	(d) A warrant issued under this chapter that authorizes a
27	27	no-knock entry must:
28	28	(1) state the building or other place for which the
29	29	no-knock entry is authorized; and
30	30	(2) require each officer executing the warrant to:
31	31	(A) be equipped with a body worn camera;
32	32	(B) activate the camera before executing the
33	33	warrant; and
34	34	(C) not deactivate the camera or allow the camera
35	35	to be deactivated until execution of the warrant is completed.
36	36	(e) Before a warrant issued under this chapter that
37	37	authorizes a no-knock entry may be executed:
38	38	(1) the law enforcement agency intending to execute
39	39	the warrant must provide at least 24 hours' notice before execution
40	40	to the judge who issued the warrant; and
41	41	(2) the supervisor described by Subsection (c)(2) must
42	42	confirm:
43	43	(A) the illegal activity alleged in the complaint
44	44	is ongoing or has taken place during the preceding 24-hour period at
45	45	the building or other place stated in the warrant; and
46	46	(B) the accused is frequently present at the
47	47	building or other place and has been identified as being present at
48	48	that location in the preceding 12-hour period.
49	49	(f) This article does not apply if the accused is alleged to
50	50	have committed:
51	51	(1) an offense punishable as a felony that involves
52	52	causing or attempting to cause serious bodily injury to a person; or
53	53	(2) an offense under any of the following provisions
54	54	of the Penal Code:
55	55	(A) Section 20.04;
56	56	(B) Section 22.02;
57	57	(C) Section 22.021; or
58	58	(D) Section 29.03.
59	59	SECTION 3. Chapter 18, Code of Criminal Procedure, is
60	60	amended by adding Article 18.025 to read as follows:
61	61	Art. 18.025. NO-KNOCK WARRANT. (a) In this article,
62	62	"no-knock entry" means a peace officer's entry, for the purpose of
63	63	executing a warrant, into a building or other place without giving
64	64	notice of the officer's authority or purpose before entering.
65	65	(b) Notwithstanding any other law, only a district court
66	66	judge may issue a warrant under this chapter that authorizes a
67	67	no-knock entry.
68	68	(c) An applicant for a warrant under this chapter that
69	69	authorizes a no-knock entry must state in the sworn affidavit
70	70	submitted under Article 18.01(b) that:
71	71	(1) the applicant has personal knowledge of facts that
72	72	support the necessity of a no-knock entry; and
73	73	(2) the applicant's supervisor has approved the
74	74	affidavit.
75	75	(d) A warrant issued under this chapter that authorizes a
76	76	no-knock entry must:
77	77	(1) state the building or other place for which the
78	78	no-knock entry is authorized; and
79	79	(2) require each officer executing the warrant to:
80	80	(A) be equipped with a body worn camera;
81	81	(B) activate the camera before executing the
82	82	warrant; and
83	83	(C) not deactivate the camera or allow the camera
84	84	to be deactivated until execution of the warrant is completed.
85	85	(e) Before a warrant issued under this chapter that
86	86	authorizes a no-knock entry may be executed:
87	87	(1) the law enforcement agency intending to execute
88	88	the warrant must provide at least 24 hours' notice before execution
89	89	to the judge who issued the warrant; and
90	90	(2) the supervisor described by Subsection (c)(2) must
91	91	confirm the illegal activity alleged in the affidavit is ongoing or
92	92	has taken place in the preceding 24-hour period at the building or
93	93	other place stated in the warrant.
94	94	(f) This article does not apply if the property to be seized
95	95	is alleged to be related to the commission of:
96	96	(1) an offense punishable as a felony that involves
97	97	causing or attempting to cause serious bodily injury to a person; or
98	98	(2) an offense under any of the following provisions
99	99	of the Penal Code:
100	100	(A) Section 20.04;
101	101	(B) Section 22.02;
102	102	(C) Section 22.021; or
103	103	(D) Section 29.03.
104	104	SECTION 4. The change in law made by this Act applies only
105	105	to a warrant issued on or after the effective date of this Act. A
106	106	warrant issued before the effective date of this Act is governed by
107	107	the law in effect on the date the warrant was issued, and the former
108	108	law is continued in effect for that purpose.
109	109	SECTION 5. This Act takes effect September 1, 2021.