87R11514 EAS-D
By: Ellzey H.B. No. 3205
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty for committing certain
offenses while wearing a mask or military-style gear.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
by adding Section 12.501 to read as follows:
Sec. 12.501. ENHANCED PENALTY FOR COMMITTING CERTAIN
OFFENSES WHILE WEARING MASK OR MILITARY-STYLE GEAR. (a) In this
section:
(1) "Mask" means a full or partial covering for all or
part of the face that is worn as a disguise and that would make
rendering identification more difficult or impossible. The term
does not include a face mask worn to prevent the spread of an
infectious disease.
(2) "Military-style gear" means clothing that is:
(A) substantially similar to clothing issued to a
member of the military; and
(B) necessary or useful for performing a military
duty or function.
(b) The punishment for an offense described by Subsection
(c) 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 wore:
(1) a mask; or
(2) military-style gear.
(c) The increase in punishment authorized by this section
applies only to an offense under:
(1) Section 42.01;
(2) Section 42.02, if punishable under Subsection (e)
of that section; and
(3) Section 42.03.
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, 2021.