87(R) HB 492 - Senate Committee Report version - Bill Text

	By:  Wu, et al.  (Senate Sponsor - West)	H.B.  No.  492
	(In the Senate  -  Received from the House May  10,  2021;
	May  21,  2021, read first time and referred to Committee on
	Jurisprudence; May  24,  2021, reported adversely, with favorable
	Committee Substitute by the following vote:    Yeas  4, Nays  0;
	May  24,  2021, sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR H.B.  No.  492	By:    Hinojosa

	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)    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.
	(c)    A magistrate may issue a warrant under this chapter that
	authorizes a no-knock entry only if 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.
	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)    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.
	(c)    A magistrate may issue a warrant under this chapter that
	authorizes a no-knock entry only if 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.
	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