| |
| |
| |
|
|
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 |