West’s bill limiting no-knock warrants

The text as introduced · 665 words

89R10460 JCG-D

By: West
S.B. No. 2560

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. 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) Except as provided by Subsection (c), a magistrate may

not issue a warrant under this chapter that authorizes a no-knock

entry.

(c) A magistrate listed in Subsection (d) may issue a

warrant under this chapter 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 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.

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) Except as provided by Subsection (c), a magistrate may

not issue a warrant under this chapter that authorizes a no-knock

entry.

(c) A magistrate described by Subsection (d) may issue a

warrant under this chapter 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 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.

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.