HB3061 - Relating to enhancing the punishment for committing certain criminal offenses while disguised or masked.

  89R14199 JCG-D     By: Oliverson, Little, Louderback, et al. 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.