| 1 | 1 | | 87R11514 EAS-D |
|---|
| 2 | 2 | | By: Ellzey H.B. No. 3205 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to increasing the criminal penalty for committing certain |
|---|
| 8 | 8 | | offenses while wearing a mask or military-style gear. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended |
|---|
| 11 | 11 | | by adding Section 12.501 to read as follows: |
|---|
| 12 | 12 | | Sec. 12.501. ENHANCED PENALTY FOR COMMITTING CERTAIN |
|---|
| 13 | 13 | | OFFENSES WHILE WEARING MASK OR MILITARY-STYLE GEAR. (a) In this |
|---|
| 14 | 14 | | section: |
|---|
| 15 | 15 | | (1) "Mask" means a full or partial covering for all or |
|---|
| 16 | 16 | | part of the face that is worn as a disguise and that would make |
|---|
| 17 | 17 | | rendering identification more difficult or impossible. The term |
|---|
| 18 | 18 | | does not include a face mask worn to prevent the spread of an |
|---|
| 19 | 19 | | infectious disease. |
|---|
| 20 | 20 | | (2) "Military-style gear" means clothing that is: |
|---|
| 21 | 21 | | (A) substantially similar to clothing issued to a |
|---|
| 22 | 22 | | member of the military; and |
|---|
| 23 | 23 | | (B) necessary or useful for performing a military |
|---|
| 24 | 24 | | duty or function. |
|---|
| 25 | 25 | | (b) The punishment for an offense described by Subsection |
|---|
| 26 | 26 | | (c) is increased to the punishment prescribed for the next higher |
|---|
| 27 | 27 | | category of offense if it is shown on the trial of the offense that |
|---|
| 28 | 28 | | during the commission of the offense the actor wore: |
|---|
| 29 | 29 | | (1) a mask; or |
|---|
| 30 | 30 | | (2) military-style gear. |
|---|
| 31 | 31 | | (c) The increase in punishment authorized by this section |
|---|
| 32 | 32 | | applies only to an offense under: |
|---|
| 33 | 33 | | (1) Section 42.01; |
|---|
| 34 | 34 | | (2) Section 42.02, if punishable under Subsection (e) |
|---|
| 35 | 35 | | of that section; and |
|---|
| 36 | 36 | | (3) Section 42.03. |
|---|
| 37 | 37 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 38 | 38 | | to an offense committed on or after the effective date of this Act. |
|---|
| 39 | 39 | | An offense committed before the effective date of this Act is |
|---|
| 40 | 40 | | governed by the law in effect on the date the offense was committed, |
|---|
| 41 | 41 | | and the former law is continued in effect for that purpose. For |
|---|
| 42 | 42 | | purposes of this section, an offense was committed before the |
|---|
| 43 | 43 | | effective date of this Act if any element of the offense occurred |
|---|
| 44 | 44 | | before that date. |
|---|
| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2021. |
|---|