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 introduces Article 42.01992, which mandates that in felony trials (excluding first-degree felonies), if a judge or jury finds beyond a reasonable doubt that the defendant used metal or body armor while committing the offense, the judge must enter an affirmative finding in the judgment. However, this affirmative finding cannot be made if the defendant is a peace officer, a member of the military, or a security officer.

Additionally, the bill adds Section 12.503 to the Penal Code, which stipulates that if an affirmative finding is made under Article 42.01992, the punishment for the offense will be elevated 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)