89R11124 JCG-D
By: A. Davis of Dallas H.B. No. 2662
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of a warrant authorizing the use of a
no-knock entry by a peace officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 15, Code of Criminal Procedure, is
amended by adding Article 15.251 to read as follows:
Art. 15.251. ISSUANCE OF 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) A magistrate may issue a warrant under this chapter that
authorizes a no-knock entry only if:
(1) except as provided by Subsection (c), the
magistrate is an attorney licensed by the state who serves in the
county in which the warrant is to be executed or, if such a
magistrate cannot be located, in a contiguous county;
(2) the magistrate determines probable cause exists
that:
(A) the person who is the subject of the warrant
has committed a violent offense; and
(B) any entry other than a no-knock entry would
create an unreasonable risk of death or serious bodily injury or
would result in the destruction of relevant evidence; and
(3) the warrant requires:
(A) each peace officer participating in the
initial entry into the building or other place for purposes of
executing the warrant to be in uniform or otherwise clearly
identifiable as a peace officer; and
(B) to the extent that the law enforcement agency
has the technology available, that the agency make a good faith
effort to have each peace officer executing the warrant be equipped
with a body worn camera and for each officer equipped with the
camera to:
(i) activate the camera before executing
the warrant; and
(ii) not deactivate the camera or allow the
camera to be deactivated until the earlier of:
(a) 15 minutes after each person at
the building or other place has been secured and, if appropriate,
searched pursuant to a lawful detention; or
(b) the officer leaves the building or
other place where the warrant was executed.
(c) A magistrate who is not an attorney licensed by this
state may issue a warrant under this chapter that authorizes a
no-knock entry only if the applicant in the complaint presented to
the magistrate states that the applicant attempted and failed to
locate a magistrate described by Subsection (b)(1) for purposes of
presenting the complaint.
SECTION 2. Chapter 18, Code of Criminal Procedure, is
amended by adding Article 18.025 to read as follows:
Art. 18.025. ISSUANCE OF NO-KNOCK WARRANT. (a) In this
article, "no-knock entry" has the meaning assigned by Article
15.251.
(b) A magistrate may issue a warrant under this chapter that
authorizes a no-knock entry only if:
(1) except as provided by Subsection (c), the
magistrate is an attorney licensed by the state who serves in the
county in which the warrant is to be executed or, if such a
magistrate cannot be located, in a contiguous county;
(2) the affidavit alleges the commission of a violent
offense, and the magistrate determines probable cause exists that:
(A) the violent offense is ongoing; or
(B) any entry other than a no-knock entry would
create an unreasonable risk of death or serious bodily injury or
would result in the destruction of relevant evidence; and
(3) the warrant requires:
(A) each peace officer participating in the
initial entry into the building or other place for purposes of
executing the warrant to be in uniform or otherwise clearly
identifiable as a peace officer; and
(B) to the extent that the law enforcement agency
has the technology available, that the agency make a good faith
effort to have each peace officer executing the warrant be equipped
with a body worn camera and for each officer equipped with the
camera to:
(i) activate the camera before executing
the warrant; and
(ii) not deactivate the camera or allow the
camera to be deactivated until the earlier of:
(a) 15 minutes after each person at
the building or other place has been secured and, if appropriate,
searched pursuant to a lawful detention; or
(b) the officer leaves the building or
other place where the warrant was executed.
(c) A magistrate who is not an attorney licensed by this
state may issue a warrant under this chapter that authorizes a
no-knock entry only if the applicant in the sworn affidavit
submitted under Article 18.01(b) states that the applicant
attempted and failed to locate a magistrate described by Subsection
(b)(1) for purposes of presenting the affidavit.
SECTION 3. 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 4. This Act takes effect September 1, 2025.