bill limiting no-knock warrants

The text as introduced · 841 words

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.