Texas 2025 - 89th Regular

Texas House Bill HB2662 Compare Versions

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

Old	New	Differences
1	1	89R11124 JCG-D
2	2	By: A. Davis of Dallas H.B. No. 2662
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the issuance of a warrant authorizing the use of a
10	10	no-knock entry by a peace officer.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 15, Code of Criminal Procedure, is
13	13	amended by adding Article 15.251 to read as follows:
14	14	Art. 15.251. ISSUANCE OF NO-KNOCK WARRANT. (a) In this
15	15	article, "no-knock entry" means a peace officer's entry, for the
16	16	purpose of executing a warrant, into a building or other place
17	17	without giving notice of the officer's authority or purpose before
18	18	entering.
19	19	(b) A magistrate may issue a warrant under this chapter that
20	20	authorizes a no-knock entry only if:
21	21	(1) except as provided by Subsection (c), the
22	22	magistrate is an attorney licensed by the state who serves in the
23	23	county in which the warrant is to be executed or, if such a
24	24	magistrate cannot be located, in a contiguous county;
25	25	(2) the magistrate determines probable cause exists
26	26	that:
27	27	(A) the person who is the subject of the warrant
28	28	has committed a violent offense; and
29	29	(B) any entry other than a no-knock entry would
30	30	create an unreasonable risk of death or serious bodily injury or
31	31	would result in the destruction of relevant evidence; and
32	32	(3) the warrant requires:
33	33	(A) each peace officer participating in the
34	34	initial entry into the building or other place for purposes of
35	35	executing the warrant to be in uniform or otherwise clearly
36	36	identifiable as a peace officer; and
37	37	(B) to the extent that the law enforcement agency
38	38	has the technology available, that the agency make a good faith
39	39	effort to have each peace officer executing the warrant be equipped
40	40	with a body worn camera and for each officer equipped with the
41	41	camera to:
42	42	(i) activate the camera before executing
43	43	the warrant; and
44	44	(ii) not deactivate the camera or allow the
45	45	camera to be deactivated until the earlier of:
46	46	(a) 15 minutes after each person at
47	47	the building or other place has been secured and, if appropriate,
48	48	searched pursuant to a lawful detention; or
49	49	(b) the officer leaves the building or
50	50	other place where the warrant was executed.
51	51	(c) A magistrate who is not an attorney licensed by this
52	52	state may issue a warrant under this chapter that authorizes a
53	53	no-knock entry only if the applicant in the complaint presented to
54	54	the magistrate states that the applicant attempted and failed to
55	55	locate a magistrate described by Subsection (b)(1) for purposes of
56	56	presenting the complaint.
57	57	SECTION 2. Chapter 18, Code of Criminal Procedure, is
58	58	amended by adding Article 18.025 to read as follows:
59	59	Art. 18.025. ISSUANCE OF NO-KNOCK WARRANT. (a) In this
60	60	article, "no-knock entry" has the meaning assigned by Article
61	61	15.251.
62	62	(b) A magistrate may issue a warrant under this chapter that
63	63	authorizes a no-knock entry only if:
64	64	(1) except as provided by Subsection (c), the
65	65	magistrate is an attorney licensed by the state who serves in the
66	66	county in which the warrant is to be executed or, if such a
67	67	magistrate cannot be located, in a contiguous county;
68	68	(2) the affidavit alleges the commission of a violent
69	69	offense, and the magistrate determines probable cause exists that:
70	70	(A) the violent offense is ongoing; or
71	71	(B) any entry other than a no-knock entry would
72	72	create an unreasonable risk of death or serious bodily injury or
73	73	would result in the destruction of relevant evidence; and
74	74	(3) the warrant requires:
75	75	(A) each peace officer participating in the
76	76	initial entry into the building or other place for purposes of
77	77	executing the warrant to be in uniform or otherwise clearly
78	78	identifiable as a peace officer; and
79	79	(B) to the extent that the law enforcement agency
80	80	has the technology available, that the agency make a good faith
81	81	effort to have each peace officer executing the warrant be equipped
82	82	with a body worn camera and for each officer equipped with the
83	83	camera to:
84	84	(i) activate the camera before executing
85	85	the warrant; and
86	86	(ii) not deactivate the camera or allow the
87	87	camera to be deactivated until the earlier of:
88	88	(a) 15 minutes after each person at
89	89	the building or other place has been secured and, if appropriate,
90	90	searched pursuant to a lawful detention; or
91	91	(b) the officer leaves the building or
92	92	other place where the warrant was executed.
93	93	(c) A magistrate who is not an attorney licensed by this
94	94	state may issue a warrant under this chapter that authorizes a
95	95	no-knock entry only if the applicant in the sworn affidavit
96	96	submitted under Article 18.01(b) states that the applicant
97	97	attempted and failed to locate a magistrate described by Subsection
98	98	(b)(1) for purposes of presenting the affidavit.
99	99	SECTION 3. The change in law made by this Act applies only
100	100	to a warrant issued on or after the effective date of this Act. A
101	101	warrant issued before the effective date of this Act is governed by
102	102	the law in effect on the date the warrant was issued, and the former
103	103	law is continued in effect for that purpose.
104	104	SECTION 4. This Act takes effect September 1, 2025.