Hopper Federal Search Bill Also Reaches Texas Officers Who Assist

The text as introduced · 308 words

89R11130 JCG-F

By: Hopper
H.B. No. 3932

A BILL TO BE ENTITLED

AN ACT

relating to creating the criminal offense of unlawful federal

searches and seizures.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 39, Penal Code, is amended by adding

Section 39.08 to read as follows:

Sec. 39.08. UNLAWFUL FEDERAL SEARCHES AND SEIZURES. (a) In

this section, "no-knock entry" means the entry of a government or

federal government officer, agent, or employee, for the purpose of

executing a warrant, into a building or other place without giving

notice of the officer's, agent's, or employee's authority or purpose

before entering.

(b) A person commits an offense if the person is an officer,

agent, or employee of:

(1) the federal government and in the course and scope

of duty conducts:

(A) a no-knock entry on the property of a citizen

of this state;

(B) an arrest or search at the residence of a

citizen of this state between the hours of 8 p.m. and 8 a.m.; or

(C) an arrest or search of a citizen of this state

without first obtaining the consent of the sheriff of the county in

which the citizen is located; or

(2) this state or a political subdivision of this

state or any branch or agency of this state or a political

subdivision of this state and in the course and scope of duty

assists an officer, agent, or employee of the federal government in

conducting a no-knock entry, arrest, or search described by

Subdivision (1)(A) or (B).

(c) An offense under this section is a Class A misdemeanor.

(d) If conduct that constitutes an offense under this

section also constitutes an offense under another law, the

defendant may be prosecuted under this section, the other law, or

both.

SECTION 2. This Act takes effect September 1, 2025.