Bill Text: TX HB1272 | 2021-2022 | 87th Legislature | Comm Sub

Texas House Bill 1272 (Prior Session Legislation)

Bill Title: Relating to the issuance of a warrant authorizing the use of a no-knock entry by a peace officer.

Spectrum: Strong Partisan Bill (Democrat 30-2)

Status: (Introduced - Dead) 2021-04-20 - Committee report sent to Calendars [HB1272 Detail]

Download: Texas-2021-HB1272-Comm_Sub.html

	87R18543 ADM-D

	By: Crockett, Reynolds, Cason, Talarico,	H.B. No. 1272
	et al.

	Substitute the following for H.B. No. 1272:

	By: Collier	C.S.H.B. No. 1272



	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) the magistrate is not:
	(A) a justice of the peace;
	(B) a municipal court judge; or
	(C) a constitutional county court judge;
	(2) the magistrate determines by clear and convincing
	evidence 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
	endanger a person's life or result in the destruction of evidence;
	and
	(3) the warrant requires:
	(A) each peace officer executing the warrant to
	be in uniform and clearly identifiable as a peace officer;
	(B) each peace officer executing the warrant to
	be equipped with a body worn camera and to:
	(i) activate the camera before executing
	the warrant; and
	(ii) not deactivate the camera or allow the
	camera to be deactivated until at least 15 minutes after execution
	of the warrant is completed; and
	(C) the no-knock entry to be performed only
	between the hours of 6 a.m. and 10 p.m.
	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) the magistrate is not:
	(A) a justice of the peace;
	(B) a municipal court judge; or
	(C) a constitutional county court judge;
	(2) the affidavit alleges the commission of a violent
	offense, and the magistrate determines by clear and convincing
	evidence that:
	(A) the violent offense is ongoing or has taken
	place at the building or other place stated in the warrant; and
	(B) any entry other than a no-knock entry would
	endanger a person's life or would result in the destruction of
	evidence; and
	(3) the warrant requires:
	(A) each peace officer executing the warrant to
	be in uniform and clearly identifiable as a peace officer;
	(B) each peace officer executing the warrant to
	be equipped with a body worn camera and to:
	(i) activate the camera before executing
	the warrant; and
	(ii) not deactivate the camera or allow the
	camera to be deactivated until at least 15 minutes after execution
	of the warrant is completed; and
	(C) the no-knock entry to be performed only
	between the hours of 6 a.m. and 10 p.m.
	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, 2021.