88R2014 KBB-D
 
  By: Herrero H.B. No. 3816
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.