HB2662 - Relating to the issuance of a warrant authorizing the use of a no-knock entry by a peace officer.

  89R11124 JCG-D     By: A. Davis of Dallas H.B. No. 2662       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)     except as provided by Subsection (c), the   magistrate is an attorney licensed by the state who serves in the   county in which the warrant is to be executed or, if such a   magistrate cannot be located, in a contiguous county;                 (2)     the magistrate determines probable cause exists   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   create an unreasonable risk of death or serious bodily injury or   would result in the destruction of relevant evidence; and                 (3)  the warrant requires:                       (A)     each peace officer participating in the   initial entry into the building or other place for purposes of   executing the warrant to be in uniform or otherwise clearly   identifiable as a peace officer; and                       (B)     to the extent that the law enforcement agency   has the technology available, that the agency make a good faith   effort to have each peace officer executing the warrant be equipped   with a body worn camera and for each officer equipped with the   camera to:                             (i)     activate the camera before executing   the warrant; and                             (ii)     not deactivate the camera or allow the   camera to be deactivated until the earlier of:                                   (a)     15 minutes after each person at   the building or other place has been secured and, if appropriate,   searched pursuant to a lawful detention; or                                   (b)     the officer leaves the building or   other place where the warrant was executed.           (c)     A magistrate who is not an attorney licensed by this   state may issue a warrant under this chapter that authorizes a   no-knock entry only if the applicant in the complaint presented to   the magistrate states that the applicant attempted and failed to   locate a magistrate described by Subsection (b)(1) for purposes of   presenting the complaint.          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)     except as provided by Subsection (c), the   magistrate is an attorney licensed by the state who serves in the   county in which the warrant is to be executed or, if such a   magistrate cannot be located, in a contiguous county;                 (2)     the affidavit alleges the commission of a violent   offense, and the magistrate determines probable cause exists that:                       (A)  the violent offense is ongoing; or                       (B)     any entry other than a no-knock entry would   create an unreasonable risk of death or serious bodily injury or   would result in the destruction of relevant evidence; and                 (3)  the warrant requires:                       (A)     each peace officer participating in the   initial entry into the building or other place for purposes of   executing the warrant to be in uniform or otherwise clearly   identifiable as a peace officer; and                       (B)     to the extent that the law enforcement agency   has the technology available, that the agency make a good faith   effort to have each peace officer executing the warrant be equipped   with a body worn camera and for each officer equipped with the   camera to:                             (i)     activate the camera before executing   the warrant; and                             (ii)     not deactivate the camera or allow the   camera to be deactivated until the earlier of:                                   (a)     15 minutes after each person at   the building or other place has been secured and, if appropriate,   searched pursuant to a lawful detention; or                                   (b)     the officer leaves the building or   other place where the warrant was executed.           (c)     A magistrate who is not an attorney licensed by this   state may issue a warrant under this chapter that authorizes a   no-knock entry only if the applicant in the sworn affidavit   submitted under Article 18.01(b) states that the applicant   attempted and failed to locate a magistrate described by Subsection   (b)(1) for purposes of presenting the affidavit.          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.