87(R) HB 1272 - House Committee Report version - Bill Text

	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 executio