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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a warrant authorizing the use of a |
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no-knock entry by a peace officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 15, Code of Criminal Procedure, is |
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amended by adding Article 15.251 to read as follows: |
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Art. 15.251. ISSUANCE OF NO-KNOCK WARRANT. (a) In this |
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article, "no-knock entry" means a peace officer's entry, for the |
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purpose of executing a warrant, into a building or other place |
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without giving notice of the officer's authority or purpose before |
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entering. |
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(b) A magistrate may issue a warrant under this chapter that |
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authorizes a no-knock entry only if: |
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(1) the magistrate is not: |
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(A) a justice of the peace; |
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(B) a municipal court judge; or |
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(C) a constitutional county court judge; |
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(2) the magistrate determines by clear and convincing |
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evidence that: |
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(A) the person who is the subject of the warrant |
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has committed a violent offense; and |
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(B) any entry other than a no-knock entry would |
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endanger a person's life or result in the destruction of evidence; |
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and |
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(3) the warrant requires: |
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(A) each peace officer executing the warrant to |
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be in uniform and clearly identifiable as a peace officer; |
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(B) each peace officer executing the warrant to |
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be equipped with a body worn camera and to: |
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(i) activate the camera before executing |
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the warrant; and |
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(ii) not deactivate the camera or allow the |
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camera to be deactivated until at least 15 minutes after execution |
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of the warrant is completed; and |
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(C) the no-knock entry to be performed only |
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between the hours of 6 a.m. and 10 p.m. |
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SECTION 2. Chapter 18, Code of Criminal Procedure, is |
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amended by adding Article 18.025 to read as follows: |
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Art. 18.025. ISSUANCE OF NO-KNOCK WARRANT. (a) In this |
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article, "no-knock entry" has the meaning assigned by Article |
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15.251. |
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(b) A magistrate may issue a warrant under this chapter that |
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authorizes a no-knock entry only if: |
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(1) the magistrate is not: |
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(A) a justice of the peace; |
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|
(B) a municipal court judge; or |
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|
(C) a constitutional county court judge; |
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(2) the affidavit alleges the commission of a violent |
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offense, and the magistrate determines by clear and convincing |
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evidence that: |
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(A) the violent offense is ongoing or has taken |
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place at the building or other place stated in the warrant; and |
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(B) any entry other than a no-knock entry would |
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endanger a person's life or would result in the destruction of |
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evidence; and |
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(3) the warrant requires: |
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(A) each peace officer executing the warrant to |
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be in uniform and clearly identifiable as a peace officer; |
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(B) each peace officer executing the warrant to |
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|
be equipped with a body worn camera and to: |
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|
(i) activate the camera before executing |
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|
the warrant; and |
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(ii) not deactivate the camera or allow the |
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camera to be deactivated until at least 15 minutes after execution |
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of the warrant is completed; and |
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(C) the no-knock entry to be performed only |
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between the hours of 6 a.m. and 10 p.m. |
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SECTION 3. The change in law made by this Act applies only |
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to a warrant issued on or after the effective date of this Act. A |
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warrant issued before the effective date of this Act is governed by |
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the law in effect on the date the warrant was issued, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |