Bill Text: TX HB3816 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the use of metal or body armor while committing an offense; increasing a criminal penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-05-16 - Referred to Criminal Justice [HB3816 Detail]
Download: Texas-2023-HB3816-Engrossed.html
| 88R2014 KBB-D | ||
| By: Herrero | H.B. No. 3816 | |
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| relating to the use of metal or body armor while committing an | ||
| offense; increasing a criminal penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 42.01, Code of Criminal Procedure, is | ||
| amended by adding Section 17 to read as follows: | ||
| Sec. 17. In addition to the information described by | ||
| Section 1, the judgment must reflect the affirmative finding | ||
| entered pursuant to Article 42.01992. | ||
| SECTION 2. Chapter 42, Code of Criminal Procedure, is | ||
| amended by adding Article 42.01992 to read as follows: | ||
| Art. 42.01992. FINDING REGARDING USE OF METAL OR BODY | ||
| ARMOR. In the trial of an offense under Title 5, Penal Code, | ||
| punishable as a Class A misdemeanor or any higher category of | ||
| offense, other than a felony of the first degree, the judge shall | ||
| make an affirmative finding of fact and enter the affirmative | ||
| finding in the judgment in the case if at the guilt or innocence | ||
| phase of the trial, the judge or the jury, whichever is the trier of | ||
| fact, determines beyond a reasonable doubt that the defendant used | ||
| metal or body armor, as defined by Section 46.041, Penal Code, | ||
| during the commission of the offense. | ||
| SECTION 3. Subchapter D, Chapter 12, Penal Code, is amended | ||
| by adding Section 12.502 to read as follows: | ||
| Sec. 12.502. PENALTY IF METAL OR BODY ARMOR USED DURING | ||
| COMMISSION OF OFFENSE. If an affirmative finding under Article | ||
| 42.01992, Code of Criminal Procedure, is made in the trial of an | ||
| offense, the punishment for the offense is increased to the | ||
| punishment prescribed for the next highest category of offense, | ||
| except that if the offense is a Class A misdemeanor the minimum term | ||
| of confinement for the offense is increased to 180 days. | ||
| SECTION 4. The change in law made by this Act applies only | ||
| to an offense committed on or after the effective date of this Act. | ||
| An offense committed before the effective date of this Act is | ||
| governed by the law in effect on the date the offense was committed, | ||
| and the former law is continued in effect for that purpose. For | ||
| purposes of this section, an offense was committed before the | ||
| effective date of this Act if any element of the offense occurred | ||
| before that date. | ||
| SECTION 5. This Act takes effect September 1, 2023. | ||
