Texas statute
Tex. Code Crim. Proc. art. 42.01992 — Finding regarding use of metal or body armor
Current through 89th Legislature, 2nd Called Session (2025)
Part of Chapter 42: JUDGMENT AND SENTENCE, Texas Code of Criminal Procedure.
Full text of Tex. Code Crim. Proc. art. 42.01992
Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.
(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.
Official sources
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