Tex. Code Crim. Proc. art. 42.01992 · Chapter 42. JUDGMENT AND SENTENCE
FINDING REGARDING USE OF METAL OR BODY ARMOR.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In the trial of an offense under Title 5, Penal Code, punishable as a felony of the third degree 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.
(b) The judge shall not make an affirmative finding under this article if the defendant is:
(1) a peace officer as defined by Article 2A.001;
(2) a member of the state military forces or the armed forces of the United States; or
(3) a security officer as defined by Section 1702.002, Occupations Code.
Notes and commentary — not statutory text
History
Added by Acts 2025, 89th Leg., R.S., Ch. 539 (H.B. 108), Sec. 2, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42.htm
- Text hash
- sha256 8e8bdaaa38d0977bef1e9799a960851698c6b1a7872595702508babae0e70634
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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Code of Criminal Procedure
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