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A BILL TO BE ENTITLED
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AN ACT
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relating to enhancing the punishment for committing certain |
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criminal offenses while disguised or masked. |
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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 12.505 to read as follows: |
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Sec. 12.505. ENHANCED PENALTY FOR COMMITTING OFFENSE WHILE |
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DISGUISED OR MASKED. (a) Subject to Subsection (c), the punishment |
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for an offense described by Subsection (b) is increased to the |
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punishment prescribed for the next higher category of offense if it |
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is shown on the trial of the offense that during the commission of |
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the offense the actor was: |
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(1) disguised or masked: |
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(A) in such a manner as to hide the actor's |
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identity or make the actor's identity difficult to determine; and |
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(B) for the purpose of concealing the actor's |
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identity; and |
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(2) congregating with other individuals who were |
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disguised or masked. |
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(b) The increase in punishment authorized by this section |
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applies only to an offense under: |
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(1) Title 5; |
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(2) Chapter 28, 29, or 30; or |
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(3) Section 42.01 or 42.02. |
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(c) If an offense listed under Subsection (b) is punishable |
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as a Class A misdemeanor, the minimum term of confinement for the |
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offense is increased to 180 days. If an offense listed under |
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Subsection (b) is punishable as a felony of the first degree, the |
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punishment for that offense may not be increased under this |
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section. |
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(d) At the punishment stage of a trial in which the attorney |
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representing the state seeks the increase in punishment authorized |
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by this section, the defendant may raise the issue as to whether the |
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purpose of wearing the disguise or mask was for Halloween, a |
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masquerade ball, or a similar celebration. If the defendant proves |
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the issue in the affirmative by a preponderance of the evidence, the |
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increase in punishment provided by this section does not apply. |
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(e) For purposes of this section, "disguised or masked" |
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means using artificial methods of rendering identification |
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impossible or more difficult than in the absence of these methods. |
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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, 2025. |