BILL ANALYSIS

S.B. 2595

By: Middleton

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill sponsor has informed the committee that in recent years there has been growing concern over individuals engaging in threatening, harassing, or intimidating conduct in public while concealing their identity using masks or similar headgear and that, while the right to freedom of expression is protected in many contexts, the deliberate use of masks to intimidate or threaten others undermines public safety. S.B. 2595 seeks to ensure that while lawful and culturally accepted uses of masks are preserved, misuse that endangers or targets others will be addressed through appropriate criminal penalties by creating a new Class B misdemeanor offense for individuals who intentionally harass, intimidate, or threaten others while wearing a mask or headgear that conceals their identity.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 2595 amends the Penal Code to create a Class B misdemeanor offense for a person who, while wearing a mask or other headgear for the purpose of concealing the identity of the person or substantially increasing the difficulty in identifying the person, intentionally harasses, intimidates, or threatens another person or group of persons in a public place. The bill establishes as an affirmative defense to prosecution for the offense that the mask or other headgear is worn primarily for the following:

· to celebrate a holiday or participate in a celebration at which a mask or other headgear is commonly worn, including Halloween or a masquerade ball;

· to ensure physical safety while engaged in an occupation, trade, or profession;

· to ensure protection from the weather or while participating in a winter sport;

· for purposes of a theatrical production or other artistic endeavor;

· for purposes of ensuring safety during an emergency, including while participating in an emergency drill;

· to protect a person's health or ensure that the person does not spread illness; or

· for any religious purpose.

If conduct constituting the offense also constitutes another Penal Code offense, the actor may be prosecuted for either offense or both offenses.  

S.B. 2595 defines the following terms for purposes of these provisions:

· "harass" as engaging in a pattern of conduct directed at a particular person or group of persons that is intended to cause the person or group to fear for the person's or group's safety or experience substantial emotional distress;

· "intimidate" as engaging in conduct that is intended to cause another person or group of persons, out of fear for the person's or group's safety, to take, or refrain from taking, certain actions;

· "mask or other headgear" as any article or device worn on a person's head that tends to conceal the identity of, or substantially increase the difficulty in identifying, the person wearing the article or device; and

· "threaten" as communicating a clear intention to cause imminent bodily injury or death to a person.

EFFECTIVE DATE

September 1, 2025.