HBA-BSM H.B. 84 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 84
By: Gallego
Criminal Jurisprudence
7/25/2001
Enrolled



BACKGROUND AND PURPOSE 

Police officers and ordinary citizens are facing increased danger as
criminals use more deadly weaponry, body armor, and other sophisticated
assault gear.  Incidents such as the murder of a San  Francisco police
officer by an assailant wearing two layers of body armor and a 1997 bank
shoot out in California between police and two heavily armed suspects
outfitted in body armor demonstrate the serious threat to community safety
posed by criminals who wear body armor during the commission of a violent
crime.  Prior to the 77th Legislature, it was not an offense to possess
body armor after being convicted of a  felony.  House Bill 84 provides that
it is a felony of the third degree for a convicted felon to possess metal
or body armor. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 84 amends the Penal Code to establish that it is a felony of the
third degree for a convicted felon to possess metal or body armor.  "Metal
or body armor" is defined as any body covering manifestly designed, made,
or adapted for the purpose of protecting a person against gunfire.  

EFFECTIVE DATE

September 1, 2001.