| 1 | 1 | | 88R955 ADM-D |
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| 2 | 2 | | By: Wu, Moody, Reynolds, Bhojani, et al. H.B. No. 504 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the issuance of a warrant authorizing the use of a |
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| 8 | 8 | | no-knock entry by a peace officer. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 15, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 15.251 to read as follows: |
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| 12 | 12 | | Art. 15.251. NO-KNOCK WARRANT. (a) In this article, |
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| 13 | 13 | | "no-knock entry" means a peace officer's entry, for the purpose of |
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| 14 | 14 | | executing a warrant, into a building or other place without giving |
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| 15 | 15 | | notice of the officer's authority or purpose before entering. |
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| 16 | 16 | | (b) Except as provided by Subsection (c), a magistrate may |
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| 17 | 17 | | not issue a warrant under this chapter that authorizes a no-knock |
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| 18 | 18 | | entry. |
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| 19 | 19 | | (c) A magistrate listed in Subsection (d) may issue a |
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| 20 | 20 | | warrant under this chapter that authorizes a no-knock entry only |
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| 21 | 21 | | if: |
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| 22 | 22 | | (1) the complaint is submitted concurrently with a |
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| 23 | 23 | | statement that approves the use of a no-knock entry and that is |
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| 24 | 24 | | signed by the chief administrator of the law enforcement agency |
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| 25 | 25 | | employing the affiant or by the chief administrator's designee; and |
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| 26 | 26 | | (2) the warrant requires that each peace officer |
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| 27 | 27 | | executing the warrant be in uniform or otherwise clearly |
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| 28 | 28 | | identifiable as a peace officer. |
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| 29 | 29 | | (d) Notwithstanding any other law, only the following |
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| 30 | 30 | | magistrates may issue a warrant under this chapter that authorizes |
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| 31 | 31 | | a no-knock entry: |
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| 32 | 32 | | (1) a district court judge; |
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| 33 | 33 | | (2) a statutory county court judge; |
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| 34 | 34 | | (3) a judge of a county court who is an attorney |
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| 35 | 35 | | licensed by this state; |
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| 36 | 36 | | (4) a judge of a municipal court of record who is an |
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| 37 | 37 | | attorney licensed by this state; or |
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| 38 | 38 | | (5) any magistrate if the county in which the warrant |
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| 39 | 39 | | is issued does not have: |
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| 40 | 40 | | (A) a municipal court of record with a courtroom |
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| 41 | 41 | | located in that county and a judge who is an attorney licensed by |
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| 42 | 42 | | this state; |
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| 43 | 43 | | (B) a county court judge who is an attorney |
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| 44 | 44 | | licensed by this state; or |
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| 45 | 45 | | (C) a statutory county court judge. |
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| 46 | 46 | | SECTION 2. Chapter 18, Code of Criminal Procedure, is |
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| 47 | 47 | | amended by adding Article 18.025 to read as follows: |
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| 48 | 48 | | Art. 18.025. NO-KNOCK WARRANT. (a) In this |
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| 49 | 49 | | article, "no-knock entry" has the meaning assigned by Article |
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| 50 | 50 | | 15.251. |
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| 51 | 51 | | (b) Except as provided by Subsection (c), a magistrate may |
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| 52 | 52 | | not issue a warrant under this chapter that authorizes a no-knock |
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| 53 | 53 | | entry. |
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| 54 | 54 | | (c) A magistrate listed in Subsection (d) may issue a |
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| 55 | 55 | | warrant under this chapter that authorizes a no-knock entry only |
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| 56 | 56 | | if: |
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| 57 | 57 | | (1) the affidavit under Article 18.01(b) is submitted |
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| 58 | 58 | | concurrently with a statement that approves the use of a no-knock |
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| 59 | 59 | | entry and that is signed by the chief administrator of the law |
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| 60 | 60 | | enforcement agency employing the affiant or by the chief |
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| 61 | 61 | | administrator's designee; and |
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| 62 | 62 | | (2) the warrant requires that each peace officer |
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| 63 | 63 | | executing the warrant be in uniform or otherwise clearly |
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| 64 | 64 | | identifiable as a peace officer. |
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| 65 | 65 | | (d) Notwithstanding any other law, only the following |
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| 66 | 66 | | magistrates may issue a warrant under this chapter that authorizes |
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| 67 | 67 | | a no-knock entry: |
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| 68 | 68 | | (1) a district court judge; |
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| 69 | 69 | | (2) a statutory county court judge; |
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| 70 | 70 | | (3) a judge of a county court who is an attorney |
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| 71 | 71 | | licensed by this state; |
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| 72 | 72 | | (4) a judge of a municipal court of record who is an |
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| 73 | 73 | | attorney licensed by this state; or |
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| 74 | 74 | | (5) any magistrate if the county in which the warrant |
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| 75 | 75 | | is issued does not have: |
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| 76 | 76 | | (A) a municipal court of record with a courtroom |
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| 77 | 77 | | located in that county and a judge who is an attorney licensed by |
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| 78 | 78 | | this state; |
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| 79 | 79 | | (B) a county court judge who is an attorney |
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| 80 | 80 | | licensed by this state; or |
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| 81 | 81 | | (C) a statutory county court judge. |
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| 82 | 82 | | SECTION 3. The change in law made by this Act applies only |
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| 83 | 83 | | to a warrant issued on or after the effective date of this Act. A |
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| 84 | 84 | | warrant issued before the effective date of this Act is governed by |
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| 85 | 85 | | the law in effect on the date the warrant was issued, and the former |
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| 86 | 86 | | law is continued in effect for that purpose. |
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| 87 | 87 | | SECTION 4. This Act takes effect September 1, 2023. |
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