H.B. No. 108 amends the Code of Criminal Procedure and the Penal Code to address the use of metal or body armor during the commission of certain offenses. Specifically, it introduces a new section, Article 42.01992, which mandates that judges must make an affirmative finding if it is determined that a defendant used metal or body armor while committing a felony offense, excluding first-degree felonies. This finding must be documented in the judgment. Additionally, the bill specifies that certain individuals, such as peace officers and members of the military, are exempt from this affirmative finding.

Furthermore, the bill establishes a new penalty under Section 12.503 of the Penal Code, which states that if an affirmative finding regarding the use of metal or body armor is made, the punishment for the offense will be elevated to the next highest category of offense. The changes will only apply to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses committed prior to this date will be governed by the law in effect at that time.

Statutes affected:
Introduced: ()
House Committee Report: ()
Engrossed: Subchapter D, Chapter , Penal Code 1702.002 (Subchapter D, Chapter , Penal Code 1702)
Senate Committee Report: Subchapter D, Chapter , Penal Code 1702.002 (Subchapter D, Chapter , Penal Code 1702)
Enrolled: Subchapter D, Chapter , Penal Code 1702.002 (Subchapter D, Chapter , Penal Code 1702)