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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of metal or body armor while committing an |
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offense; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.01, Code of Criminal Procedure, is |
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amended by adding Section 17 to read as follows: |
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Sec. 17. In addition to the information described by |
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Section 1, the judgment must reflect the affirmative finding |
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entered pursuant to Article 42.01992. |
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SECTION 2. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.01992 to read as follows: |
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Art. 42.01992. FINDING REGARDING USE OF METAL OR BODY |
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ARMOR. In the trial of an offense under Title 5, Penal Code, |
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punishable as a Class A misdemeanor or any higher category of |
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offense, other than a felony of the first degree, the judge shall |
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make an affirmative finding of fact and enter the affirmative |
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finding in the judgment in the case if at the guilt or innocence |
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phase of the trial, the judge or the jury, whichever is the trier of |
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fact, determines beyond a reasonable doubt that the defendant used |
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metal or body armor, as defined by Section 46.041, Penal Code, |
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during the commission of the offense. |
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SECTION 3. Subchapter D, Chapter 12, Penal Code, is amended |
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by adding Section 12.502 to read as follows: |
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Sec. 12.502. PENALTY IF METAL OR BODY ARMOR USED DURING |
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COMMISSION OF OFFENSE. If an affirmative finding under Article |
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42.01992, Code of Criminal Procedure, is made in the trial of an |
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offense, the punishment for the offense is increased to the |
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punishment prescribed for the next highest category of offense, |
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except that if the offense is a Class A misdemeanor the minimum term |
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of confinement for the offense is increased to 180 days. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2023. |