Relating to the use of metal or body armor while committing certain offenses; increasing a criminal penalty, the official text

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