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HB 108

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

89th Legislature (2025) Introduced by Cas Garcia Hernandez and 10 co-sponsors

Texas law now makes wearing body armor while committing certain felonies a separate criminal offense with enhanced penalties, effective September 1, 2025.

Effective on 9/1/25
#courts--judges(i0140) #crimes--miscellaneous(i0200) #criminalprocedure--sentencing&punishment(i0205)
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Bill Summary · HB 108

Legislative bill overview

HB 108 creates a new criminal offense in Texas for wearing body armor or metal armor while committing certain felonies. The bill increases penalties for defendants who use protective equipment during the commission of crimes like robbery, burglary, or aggravated assault, making it a separate chargeable offense with enhanced sentencing.

Why is this important

This law addresses a tactical concern where criminals use body armor to increase their likelihood of success or survival during violent crimes, potentially making them more dangerous to victims and law enforcement. The enhanced penalty aims to deter criminals from combining protective equipment with felony offenses and provides prosecutors with an additional charging tool.

Potential points of contention

  • Self-defense vs. criminalization: Critics may argue the law could inadvertently affect individuals lawfully wearing body armor who are later accused of unrelated felonies, raising questions about intent and proportional punishment
  • Enforcement clarity: Determining when body armor use constitutes a separate offense versus a circumstance of the underlying crime may create litigation over charging decisions and sentencing enhancement disparities
  • Scope of applicability: The bill's definition of which felonies trigger this offense and how it interacts with existing enhancement statutes could lead to prosecutorial inconsistency across Texas counties

Compiled from official sources — confirm details with the bill’s official record.

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