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2020 SPECIAL SESSION I
HB 5099 Search warrants; provide notice of authority.
Introduced by: Lashrecse D. Aird | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED:
Search warrants; provide notice of authority. Prohibits any law-enforcement officer from seeking, executing, or participating in the execution of a no-knock search warrant. The bill provides that, for all authorized search warrants, the law-enforcement officer be recognizable and identifiable as a uniformed law-enforcement officer and that he provide audible notice of his authority and purpose reasonably expected to be heard by occupants of such place to be searched prior to the execution of such search warrant. It also requires that after entering and securing the place to be searched and prior to undertaking any search or seizure pursuant to the search warrant, the executing officer shall read and give a copy of the search warrant to the person to be searched or the owner of the place to be searched or, if the owner is not present, to any occupant of the place to be searched. If the place to be searched is unoccupied, the executing law-enforcement officer shall leave a copy of the search warrant suitably affixed to the place to be searched. The bill requires search warrants to be executed only in the daytime unless (i) a judge or magistrate, if a judge is not available, authorizes the execution of such search warrant at another time for good cause shown or (ii) the search warrant is for the withdrawal of blood.
SUMMARY AS PASSED HOUSE:
Search warrants; prohibition on no-knock search warrants. Prohibits any law-enforcement officer from seeking, executing, or participating in the execution of a no-knock search warrant, defined in the bill as any search warrant executed without law-enforcement officers giving notice of their identity, authority, and purpose prior to entering the place to be searched. The bill requires a law-enforcement officer to provide notice of his identity, authority, and purpose prior to entering the place to be searched and states that, after entering and securing the place to be searched and prior to undertaking any search or seizure pursuant to the search warrant, the executing officer shall read and give a copy of the search warrant to the person to be searched or the owner of the place to be searched or, if the owner is not present, to any occupant of the place to be searched. If the place to be searched is unoccupied, the executing law-enforcement officer shall leave a copy of the search warrant suitably affixed to the place to be searched.
SUMMARY AS INTRODUCED:
Search warrants; prohibition on no-knock search warrants. Prohibits any law-enforcement officer from seeking, executing, or participating in the execution of a no-knock search warrant, defined in the bill as any search warrant executed without law-enforcement officers giving notice of their identity, authority, and purpose prior to entering the place to be searched. The bill requires a law-enforcement officer to provide notice of his identity, authority, and purpose prior to entering the place to be searched and states that, prior to undertaking any search or seizure pursuant to the search warrant, the executing officer shall read and give a copy of the search warrant to the person to be searched or the owner of the place to be searched or, if the owner is not present, to any occupant of the place to be searched. If the place to be searched is unoccupied, the executing law-enforcement officer shall leave a copy of the search warrant suitably affixed to the place to be searched.