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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalty for committing certain |
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offenses while wearing a mask or military-style gear. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended |
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by adding Section 12.501 to read as follows: |
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Sec. 12.501. ENHANCED PENALTY FOR COMMITTING CERTAIN |
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OFFENSES WHILE WEARING MASK OR MILITARY-STYLE GEAR. (a) In this |
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section: |
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(1) "Mask" means a full or partial covering for all or |
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part of the face that is worn as a disguise and that would make |
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rendering identification more difficult or impossible. The term |
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does not include a face mask worn to prevent the spread of an |
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infectious disease. |
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(2) "Military-style gear" means clothing that is: |
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(A) substantially similar to clothing issued to a |
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member of the military; and |
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(B) necessary or useful for performing a military |
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duty or function. |
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(b) The punishment for an offense described by Subsection |
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(c) is increased to the punishment prescribed for the next higher |
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category of offense if it is shown on the trial of the offense that |
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during the commission of the offense the actor wore: |
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(1) a mask; or |
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(2) military-style gear. |
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(c) The increase in punishment authorized by this section |
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applies only to an offense under: |
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(1) Section 42.01; |
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(2) Section 42.02, if punishable under Subsection (e) |
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of that section; and |
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(3) Section 42.03. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2021. |