Bill Text: TX HB492 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the issuance of a warrant authorizing the use of a no-knock entry by a peace officer.
Spectrum: Moderate Partisan Bill (Democrat 12-2)
Status: (Engrossed - Dead) 2021-05-31 - Senate adopts conf. comm. report-reported [HB492 Detail]
Download: Texas-2021-HB492-Comm_Sub.html
By: Wu, et al. (Senate Sponsor - West) | H.B. No. 492 | |
(In the Senate - Received from the House May 10, 2021; | ||
May 21, 2021, read first time and referred to Committee on | ||
Jurisprudence; May 24, 2021, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 4, Nays 0; | ||
May 24, 2021, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 492 | By: Hinojosa |
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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. 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) Notwithstanding any other law, only the following | ||
magistrates may issue a warrant under this chapter that authorizes | ||
a no-knock entry: | ||
(1) a district court judge; | ||
(2) a statutory county court judge; | ||
(3) a judge of a county court who is an attorney | ||
licensed by this state; | ||
(4) a judge of a municipal court of record who is an | ||
attorney licensed by this state; or | ||
(5) any magistrate if the county in which the warrant | ||
is issued does not have: | ||
(A) a municipal court of record with a courtroom | ||
located in that county and a judge who is an attorney licensed by | ||
this state; | ||
(B) a county court judge who is an attorney | ||
licensed by this state; or | ||
(C) a statutory county court judge. | ||
(c) A magistrate may issue a warrant under this chapter that | ||
authorizes a no-knock entry only if the complaint is submitted | ||
concurrently with a statement that approves the use of a no-knock | ||
entry and that is signed by the chief administrator of the law | ||
enforcement agency employing the affiant or by the chief | ||
administrator's designee. | ||
SECTION 2. Chapter 18, Code of Criminal Procedure, is | ||
amended by adding Article 18.025 to read as follows: | ||
Art. 18.025. NO-KNOCK WARRANT. (a) In this | ||
article, "no-knock entry" has the meaning assigned by Article | ||
15.251. | ||
(b) Notwithstanding any other law, only the following | ||
magistrates may issue a warrant under this chapter that authorizes | ||
a no-knock entry: | ||
(1) a district court judge; | ||
(2) a statutory county court judge; | ||
(3) a judge of a county court who is an attorney | ||
licensed by this state; | ||
(4) a judge of a municipal court of record who is an | ||
attorney licensed by this state; or | ||
(5) any magistrate if the county in which the warrant | ||
is issued does not have: | ||
(A) a municipal court of record with a courtroom | ||
located in that county and a judge who is an attorney licensed by | ||
this state; | ||
(B) a county court judge who is an attorney | ||
licensed by this state; or | ||
(C) a statutory county court judge. | ||
(c) A magistrate may issue a warrant under this chapter that | ||
authorizes a no-knock entry only if the affidavit under Article | ||
18.01(b) is submitted concurrently with a statement that approves | ||
the use of a no-knock entry and that is signed by the chief | ||
administrator of the law enforcement agency employing the affiant | ||
or by the chief administrator's designee. | ||
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, 2021. | ||
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