HB1765 - Relating to the issuance of an arrest warrant or search warrant authorizing the use of a no-knock entry by a peace officer.

  89R1740 JCG-D     By: Jones of Harris, Little, Smithee, H.B. No. 1765       Virdell, Moody       A BILL TO BE ENTITLED   AN ACT   relating to the issuance of an arrest warrant or search 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 ARREST 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 an arrest warrant that authorizes a no-knock entry.           (c)     A magistrate listed in Subsection (d) may issue an   arrest warrant 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 an arrest warrant 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 SEARCH 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 search warrant that authorizes a no-knock entry.           (c)     A magistrate listed in Subsection (d) may issue a search   warrant 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 search warrant 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.