87R11869 ADM-D
By: West S.B. No. 1544
A BILL TO BE ENTITLED
AN ACT
relating to no-knock warrants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Breonna
Taylor-Atatiana Jefferson Safe Use of Force Act.
SECTION 2. 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 a district court
judge may issue an arrest warrant under this chapter that
authorizes a no-knock entry.
(c) An applicant for a warrant under this chapter that
authorizes a no-knock entry must state in the complaint that:
(1) the applicant has personal knowledge of facts that
support the necessity of a no-knock entry; and
(2) the applicant's supervisor has approved the
complaint.
(d) A warrant issued under this chapter that authorizes a
no-knock entry must:
(1) state the building or other place for which the
no-knock entry is authorized; and
(2) require each officer executing the warrant to:
(A) be equipped with a body worn camera;
(B) activate the camera before executing the
warrant; and
(C) not deactivate the camera or allow the camera
to be deactivated until execution of the warrant is completed.
(e) Before a warrant issued under this chapter that
authorizes a no-knock entry may be executed:
(1) the law enforcement agency intending to execute
the warrant must provide at least 24 hours' notice before execution
to the judge who issued the warrant; and
(2) the supervisor described by Subsection (c)(2) must
confirm:
(A) the illegal activity alleged in the complaint
is ongoing or has taken place during the preceding 24-hour period at
the building or other place stated in the warrant; and
(B) the accused is frequently present at the
building or other place and has been identified as being present at
that location in the preceding 12-hour period.
(f) This article does not apply if the accused is alleged to
have committed:
(1) an offense punishable as a felony that involves
causing or attempting to cause serious bodily injury to a person; or
(2) an offense under any of the following provisions
of the Penal Code:
(A) Section 20.04;
(B) Section 22.02;
(C) Section 22.021; or
(D) Section 29.03.
SECTION 3. 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" 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 a district court
judge may issue a warrant under this chapter that authorizes a
no-knock entry.
(c) An applicant for a warrant under this chapter that
authorizes a no-knock entry must state in the sworn affidavit
submitted under Article 18.01(b) that:
(1) the applicant has personal knowledge of facts that
support the necessity of a no-knock entry; and
(2) the applicant's supervisor has approved the
affidavit.
(d) A warrant issued under this chapter that authorizes a
no-knock entry must:
(1) state the building or other place for which the
no-knock entry is authorized; and
(2) require each officer executing the warrant to:
(A) be equipped with a body worn camera;
(B) activate the camera before executing the
warrant; and
(C) not deactivate the camera or allow the camera
to be deactivated until execution of the warrant is completed.
(e) Before a warrant issued under this chapter that
authorizes a no-knock entry may be executed:
(1) the law enforcement agency intending to execute
the warrant must provide at least 24 hours' notice before execution
to the judge who issued the warrant; and
(2) the supervisor described by Subsection (c)(2) must
confirm the illegal activity alleged in the affidavit is ongoing or
has taken place in the preceding 24-hour period at the building or
other place stated in the warrant.
(f) This article does not apply if the property to be seized
is alleged to be related to the commission of:
(1) an offense punishable as a felony that involves
causing or attempting to cause serious bodily injury to a person; or
(2) an offense under any of the following provisions
of the Penal Code:
(A) Section 20.04;
(B) Section 22.02;
(C) Section 22.021; or
(D) Section 29.03.
SECTION 4. 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 5. This Act takes effect September 1, 2021.