🟡Relating to the use of metal or body armor while committing certain offenses; increasing a criminal penalty.

HB 108

🟡 HB 108: Tougher penalties for using body armor during violent crimes

What it says it does:
HB 108 raises penalties for people who wear or use body armor while committing certain violent crimes. It says this will make it harder for violent offenders to shield themselves from law enforcement.

What it actually changes:
It adds a new mandatory “affirmative finding” to criminal judgments when armor is proven to have been used. That finding bumps the sentence up to the next highest level of felony. The rule only applies to violent crimes that are third degree or higher, and it takes effect September 1, 2025.

Who is pushing for it:
Law enforcement groups led the charge, including the Combined Law Enforcement Associations of Texas, the Sheriffs’ Association of Texas, the Texas Police Chiefs Association, the Texas Municipal Police Association, and several local police unions and district attorneys.

Who benefits:
Prosecutors gain extra leverage in violent cases, and police agencies can point to the new enhancement when arguing for funding or grants tied to officer safety. Licensed security officers, military personnel, and peace officers are explicitly exempt from the higher penalty.

Who gets left out or exposed:
Defendants who wore armor but did not harm anyone face higher penalties even if the armor played no active role. Counties may absorb higher jail or defense costs, and there is no requirement to collect data on how often this enhancement is used or against whom.

Why this matters long term:
The bill cements a new sentencing power for the state with no public reporting. It also normalizes carving out exceptions for certain occupations, which can widen perception gaps in how justice is applied. The fiscal impact is open-ended because no funding offset was created.

What to watch next:
Track how often prosecutors file for “armor findings” after September 1, 2025. Watch for new proposals that expand similar enhancements or create more occupation-based exclusions. Data transparency and county cost tracking will be key.

Bottom line:
This law gives prosecutors a new tool but no oversight to match. It’s a strong message bill that raises punishment power without measuring its reach or fairness.

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