Texas 2025 - 89th Regular

Texas House Bill HB108 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	89R26982 JDK-D
2		-	By: Plesa, Villalobos, McLaughlin, Leach, H.B. No. 108
3		-	Moody, et al.
4		-	Substitute the following for H.B. No. 108:
5		-	By: Jones of Harris C.S.H.B. No. 108
	1	+	89R9341 JDK-D
	2	+	By: Plesa H.B. No. 108
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10	7		A BILL TO BE ENTITLED
11	8		AN ACT
12		-	relating to the use of metal or body armor while committing ~~certain~~
13		-	~~offenses~~; increasing a criminal penalty.
	9	+	relating to the use of metal or body armor while committing an
	10	+	offense; increasing a criminal penalty.
14	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	12		SECTION 1. Article 42.01, Code of Criminal Procedure, is
16	13		amended by adding Section 17 to read as follows:
17	14		Sec. 17. In addition to the information described by
18	15		Section 1, the judgment must reflect the affirmative finding
19	16		entered pursuant to Article 42.01992.
20	17		SECTION 2. Chapter 42, Code of Criminal Procedure, is
21	18		amended by adding Article 42.01992 to read as follows:
22	19		Art. 42.01992. FINDING REGARDING USE OF METAL OR BODY
23	20		ARMOR. In the trial of an offense under Title 5, Penal Code,
24		-	punishable as a ~~felony of the third degree~~ or any higher category of
	21	+	punishable as a Class A misdemeanor or any higher category of
25	22		offense, other than a felony of the first degree, the judge shall
26	23		make an affirmative finding of fact and enter the affirmative
27	24		finding in the judgment in the case if at the guilt or innocence
28	25		phase of the trial, the judge or the jury, whichever is the trier of
29	26		fact, determines beyond a reasonable doubt that the defendant used
30	27		metal or body armor, as defined by Section 46.041, Penal Code,
31	28		during the commission of the offense.
32	29		SECTION 3. Subchapter D, Chapter 12, Penal Code, is amended
33	30		by adding Section 12.503 to read as follows:
34	31		Sec. 12.503. PENALTY IF METAL OR BODY ARMOR USED DURING
35	32		COMMISSION OF OFFENSE. If an affirmative finding under Article
36	33		42.01992, Code of Criminal Procedure, is made in the trial of an
37	34		offense, the punishment for the offense is increased to the
38		-	punishment prescribed for the next highest category of offense.
	35	+	punishment prescribed for the next highest category of offense,
	36	+	except that if the offense is a Class A misdemeanor the minimum term
	37	+	of confinement for the offense is increased to 180 days.
39	38		SECTION 4. The change in law made by this Act applies only
40	39		to an offense committed on or after the effective date of this Act.
41	40		An offense committed before the effective date of this Act is
42	41		governed by the law in effect on the date the offense was committed,
43	42		and the former law is continued in effect for that purpose. For
44	43		purposes of this section, an offense was committed before the
45	44		effective date of this Act if any element of the offense occurred
46	45		before that date.
47	46		SECTION 5. This Act takes effect September 1, 2025.