Art. 42.01992. FINDING REGARDING USE OF METAL OR BODY ARMOR. (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.
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