Bill Text: TX HB1765 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the issuance of an arrest warrant or search warrant authorizing the use of a no-knock entry by a peace officer.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-07 - Filed [HB1765 Detail]
Download: Texas-2025-HB1765-Introduced.html
| 89R1740 JCG-D | ||
| By: Jones of Harris | H.B. No. 1765 | |
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| relating to the issuance of an arrest warrant or search 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 ARREST 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) Except as provided by Subsection (c), a magistrate may | ||
| not issue an arrest warrant that authorizes a no-knock entry. | ||
| (c) A magistrate listed in Subsection (d) may issue an | ||
| arrest warrant that authorizes a no-knock entry only if: | ||
| (1) 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; and | ||
| (2) the warrant requires that each peace officer | ||
| executing the warrant be in uniform or otherwise clearly | ||
| identifiable as a peace officer. | ||
| (d) Notwithstanding any other law, only the following | ||
| magistrates may issue an arrest warrant 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. | ||
| SECTION 2. Chapter 18, Code of Criminal Procedure, is | ||
| amended by adding Article 18.025 to read as follows: | ||
| Art. 18.025. NO-KNOCK SEARCH WARRANT. (a) In this article, | ||
| "no-knock entry" has the meaning assigned by Article 15.251. | ||
| (b) Except as provided by Subsection (c), a magistrate may | ||
| not issue a search warrant that authorizes a no-knock entry. | ||
| (c) A magistrate listed in Subsection (d) may issue a search | ||
| warrant that authorizes a no-knock entry only if: | ||
| (1) 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; and | ||
| (2) the warrant requires that each peace officer | ||
| executing the warrant be in uniform or otherwise clearly | ||
| identifiable as a peace officer. | ||
| (d) Notwithstanding any other law, only the following | ||
| magistrates may issue a search warrant 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. | ||
| 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. | ||
