2015 House Bill 4321

Restrict warrantless residence searches

Introduced in the House

March 10, 2015

Introduced by Rep. Pete Lucido (R-36)

To establish that a law enforcement officer may not search a residence without a search warrant if a resident expressly objects, even if another resident consents after the objector is no longer physically present. This would not apply if one resident is the victim of a crime committed by another resident, or in “exigent” circumstances, meaning there is imminent danger to people, a suspect may escape or evidence may be destroyed.

Referred to the Committee on Criminal Justice

Oct. 13, 2015

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

Oct. 22, 2015

Amendment offered by Rep. Pete Lucido (R-36)

To clarify details of the exception for cases in which one resident is allegedly the victim of another.

The amendment passed by voice vote

Amendment offered by Rep. Pete Lucido (R-36)

To clarify that evidence collected in violation of the proposed law's provisions may still be used impeach a defendant's testimony.

The amendment passed by voice vote

Oct. 28, 2015

Passed in the House 83 to 22 (details)

Received in the Senate

Oct. 29, 2015

Referred to the Committee on Judiciary

Feb. 18, 2016

Reported without amendment

With the recommendation that the bill pass.