Higher penalties for specified offenses committed in masked groups

The text as introduced · 444 words

89R14199 JCG-D

By: Oliverson
H.B. No. 3061

A BILL TO BE ENTITLED

AN ACT

relating to enhancing the punishment for committing certain

criminal offenses while disguised or masked.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended

by adding Section 12.505 to read as follows:

Sec. 12.505. ENHANCED PENALTY FOR COMMITTING OFFENSE WHILE

DISGUISED OR MASKED. (a) Subject to Subsection (c), the punishment

for an offense described by Subsection (b) is increased to the

punishment prescribed for the next higher category of offense if it

is shown on the trial of the offense that during the commission of

the offense the actor was:

(1) disguised or masked:

(A) in such a manner as to hide the actor's

identity or make the actor's identity difficult to determine; and

(B) for the purpose of concealing the actor's

identity; and

(2) congregating with other individuals who were

disguised or masked.

(b) The increase in punishment authorized by this section

applies only to an offense under:

(1) Title 5;

(2) Chapter 28, 29, or 30; or

(3) Section 42.01 or 42.02.

(c) If an offense listed under Subsection (b) is punishable

as a Class A misdemeanor, the minimum term of confinement for the

offense is increased to 180 days. If an offense listed under

Subsection (b) is punishable as a felony of the first degree, the

punishment for that offense may not be increased under this

section.

(d) At the punishment stage of a trial in which the attorney

representing the state seeks the increase in punishment authorized

by this section, the defendant may raise the issue as to whether the

purpose of wearing the disguise or mask was for Halloween, a

masquerade ball, or a similar celebration. If the defendant proves

the issue in the affirmative by a preponderance of the evidence, the

increase in punishment provided by this section does not apply.

(e) For purposes of this section, "disguised or masked"

means using artificial methods of rendering identification

impossible or more difficult than in the absence of these methods.

SECTION 2. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

governed by the law in effect on the date the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 3. This Act takes effect September 1, 2025.