| 1 | 1 | | 89R11130 JCG-F |
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| 2 | 2 | | By: Hopper H.B. No. 3932 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to creating the criminal offense of unlawful federal |
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| 10 | 10 | | searches and seizures. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 39, Penal Code, is amended by adding |
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| 13 | 13 | | Section 39.08 to read as follows: |
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| 14 | 14 | | Sec. 39.08. UNLAWFUL FEDERAL SEARCHES AND SEIZURES. (a) In |
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| 15 | 15 | | this section, "no-knock entry" means the entry of a government or |
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| 16 | 16 | | federal government officer, agent, or employee, for the purpose of |
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| 17 | 17 | | executing a warrant, into a building or other place without giving |
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| 18 | 18 | | notice of the officer's, agent's, or employee's authority or purpose |
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| 19 | 19 | | before entering. |
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| 20 | 20 | | (b) A person commits an offense if the person is an officer, |
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| 21 | 21 | | agent, or employee of: |
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| 22 | 22 | | (1) the federal government and in the course and scope |
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| 23 | 23 | | of duty conducts: |
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| 24 | 24 | | (A) a no-knock entry on the property of a citizen |
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| 25 | 25 | | of this state; |
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| 26 | 26 | | (B) an arrest or search at the residence of a |
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| 27 | 27 | | citizen of this state between the hours of 8 p.m. and 8 a.m.; or |
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| 28 | 28 | | (C) an arrest or search of a citizen of this state |
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| 29 | 29 | | without first obtaining the consent of the sheriff of the county in |
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| 30 | 30 | | which the citizen is located; or |
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| 31 | 31 | | (2) this state or a political subdivision of this |
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| 32 | 32 | | state or any branch or agency of this state or a political |
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| 33 | 33 | | subdivision of this state and in the course and scope of duty |
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| 34 | 34 | | assists an officer, agent, or employee of the federal government in |
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| 35 | 35 | | conducting a no-knock entry, arrest, or search described by |
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| 36 | 36 | | Subdivision (1)(A) or (B). |
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| 37 | 37 | | (c) An offense under this section is a Class A misdemeanor. |
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| 38 | 38 | | (d) If conduct that constitutes an offense under this |
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| 39 | 39 | | section also constitutes an offense under another law, the |
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| 40 | 40 | | defendant may be prosecuted under this section, the other law, or |
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| 41 | 41 | | both. |
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| 42 | 42 | | SECTION 2. This Act takes effect September 1, 2025. |
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