Bill Text: TX SB140 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the issuance of a warrant authorizing the use of a no-knock entry by a peace officer.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Introduced - Dead) 2023-03-07 - Co-author authorized [SB140 Detail]
Download: Texas-2023-SB140-Introduced.html
| 88R955 ADM-D | ||
| By: West | S.B. No. 140 | |
|
|
||
|
|
||
| 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 listed in 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, 2023. | ||
