H.B. No. 108 amends the Code of Criminal Procedure and the Penal Code to establish new legal provisions regarding the use of metal or body armor during the commission of certain offenses. Specifically, it adds Section 17 to Article 42.01, requiring that judgments reflect an affirmative finding if a defendant is found to have used metal or body armor while committing a felony offense. Additionally, it introduces Article 42.01992, which mandates that judges make an affirmative finding if it is determined beyond a reasonable doubt that the defendant used such armor during the offense. However, this finding does not apply to peace officers, members of the military, or security officers.

Furthermore, the bill adds Section 12.503 to Subchapter D of Chapter 12 in the Penal Code, which stipulates that if an affirmative finding is made regarding the use of metal or body armor, the punishment for the offense will be increased to the next highest category of offense. The changes in law 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)