| 1 | 1 | | 88R2014 KBB-D |
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| 2 | 2 | | By: Herrero H.B. No. 3816 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of metal or body armor while committing an |
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| 8 | 8 | | offense; increasing a criminal penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 42.01, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Section 17 to read as follows: |
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| 12 | 12 | | Sec. 17. In addition to the information described by |
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| 13 | 13 | | Section 1, the judgment must reflect the affirmative finding |
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| 14 | 14 | | entered pursuant to Article 42.01992. |
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| 15 | 15 | | SECTION 2. Chapter 42, Code of Criminal Procedure, is |
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| 16 | 16 | | amended by adding Article 42.01992 to read as follows: |
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| 17 | 17 | | Art. 42.01992. FINDING REGARDING USE OF METAL OR BODY |
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| 18 | 18 | | ARMOR. In the trial of an offense under Title 5, Penal Code, |
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| 19 | 19 | | punishable as a Class A misdemeanor or any higher category of |
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| 20 | 20 | | offense, other than a felony of the first degree, the judge shall |
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| 21 | 21 | | make an affirmative finding of fact and enter the affirmative |
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| 22 | 22 | | finding in the judgment in the case if at the guilt or innocence |
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| 23 | 23 | | phase of the trial, the judge or the jury, whichever is the trier of |
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| 24 | 24 | | fact, determines beyond a reasonable doubt that the defendant used |
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| 25 | 25 | | metal or body armor, as defined by Section 46.041, Penal Code, |
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| 26 | 26 | | during the commission of the offense. |
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| 27 | 27 | | SECTION 3. Subchapter D, Chapter 12, Penal Code, is amended |
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| 28 | 28 | | by adding Section 12.502 to read as follows: |
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| 29 | 29 | | Sec. 12.502. PENALTY IF METAL OR BODY ARMOR USED DURING |
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| 30 | 30 | | COMMISSION OF OFFENSE. If an affirmative finding under Article |
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| 31 | 31 | | 42.01992, Code of Criminal Procedure, is made in the trial of an |
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| 32 | 32 | | offense, the punishment for the offense is increased to the |
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| 33 | 33 | | punishment prescribed for the next highest category of offense, |
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| 34 | 34 | | except that if the offense is a Class A misdemeanor the minimum term |
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| 35 | 35 | | of confinement for the offense is increased to 180 days. |
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| 36 | 36 | | SECTION 4. The change in law made by this Act applies only |
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| 37 | 37 | | to an offense committed on or after the effective date of this Act. |
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| 38 | 38 | | An offense committed before the effective date of this Act is |
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| 39 | 39 | | governed by the law in effect on the date the offense was committed, |
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| 40 | 40 | | and the former law is continued in effect for that purpose. For |
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| 41 | 41 | | purposes of this section, an offense was committed before the |
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| 42 | 42 | | effective date of this Act if any element of the offense occurred |
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| 43 | 43 | | before that date. |
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| 44 | 44 | | SECTION 5. This Act takes effect September 1, 2023. |
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