Texas 2023 - 88th Regular

Texas Senate Bill SB140

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the issuance of a warrant authorizing the use of a no-knock entry by a peace officer.

Impact

If enacted, SB140 would amend the Code of Criminal Procedure by adding additional restrictions around the issuance of no-knock warrants. The law would apply to warrants issued on or after its effective date, thereby not retroactively affecting previous warrants. By requiring higher levels of authorization, the bill aims to protect the rights of individuals and increase accountability among law enforcement agencies when executing such potentially intrusive warrants.

Summary

SB140 is a legislative bill introduced in Texas concerning the issuance of no-knock warrants by peace officers. A no-knock warrant allows officers to enter a property without prior notification, which is often seen in cases involving narcotics and other high-risk situations. The bill seeks to regulate the issuance of such warrants by establishing specific criteria under which a magistrate can authorize a no-knock entry. For instance, a chief administrator of the law enforcement agency must approve the request, and executing officers must be identifiable as peace officers.

Sentiment

The sentiment around SB140 appears to be cautiously supportive, especially among those advocating for police reform and greater oversight in law enforcement practices. Proponents of the bill argue that it adds necessary checks and balances to the current system, which they believe has been criticized for allowing frequent and arguably unnecessary no-knock entries. However, some critics express concern that the changes could hinder law enforcement's ability to act swiftly in emergencies where a no-knock entry may be warranted.

Contention

The primary points of contention surrounding SB140 center on the balance between public safety and civil liberties. Supporters emphasize the need to regulate no-knock warrants to prevent abuse and protect citizens' rights, while opponents may argue that the restrictions could compromise effective police work and endanger lives in urgent situations. The debate reflects a broader national discourse about law enforcement practices, accountability, and the safeguarding of personal rights.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 15. Arrest Under Warrant
    • Section: New Section
  • Chapter 18. Search Warrants
    • Section: New Section

Companion Bills

TX HB504

Identical Relating to the issuance of a warrant authorizing the use of a no-knock entry by a peace officer.

Similar Bills

No similar bills found.