HB108 - Relating to the use of metal or body armor while committing certain offenses; increasing a criminal penalty.

      H.B. No. 108         AN ACT   relating to the use of metal or body armor while committing certain   offenses; increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 42.01, Code of Criminal Procedure, is   amended by adding Section 17 to read as follows:           Sec.   17.     In addition to the information described by   Section 1, the judgment must reflect the affirmative finding   entered pursuant to Article 42.01992.          SECTION 2.  Chapter 42, Code of Criminal Procedure, is   amended by adding Article 42.01992 to read as follows:           Art.   42.01992.     FINDING REGARDING USE OF METAL OR BODY   ARMOR. (a)   In the trial of an offense under Title 5, Penal Code,   punishable as a felony of the third degree or any higher category of   offense, other than a felony of the first degree, the judge shall   make an affirmative finding of fact and enter the affirmative   finding in the judgment in the case if at the guilt or innocence   phase of the trial, the judge or the jury, whichever is the trier of   fact, determines beyond a reasonable doubt that the defendant used   metal or body armor, as defined by Section 46.041, Penal Code,   during the commission of the offense.           (b)     The judge shall not make an affirmative finding under   this article if the defendant is:                 (1)  a peace officer as defined by Article 2A.001;                 (2)     a member of the state military forces or the armed   forces of the United States; or                 (3)     a security officer as defined by Section 1702.002,   Occupations Code.          SECTION 3.  Subchapter D, Chapter 12, Penal Code, is amended   by adding Section 12.503 to read as follows:           Sec.   12.503.     PENALTY IF METAL OR BODY ARMOR USED DURING   COMMISSION OF OFFENSE. If an affirmative finding under Article   42.01992, Code of Criminal Procedure, is made in the trial of an   offense, the punishment for the offense is increased to the   punishment prescribed for the next highest category of offense.          SECTION 4.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.     An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose.  For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 5.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 108 was passed by the House on May 16,   2025, by the following vote:  Yeas 104, Nays 26, 2 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 108 was passed by the Senate on May   26, 2025, by the following vote:  Yeas 28, Nays 3.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor