| 1 | 1 | | 89R8149 JCG-D |
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| 2 | 2 | | By: Middleton S.B. No. 2595 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the creation of the criminal offense of harassing, |
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| 10 | 10 | | intimidating, or threatening another person while concealing |
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| 11 | 11 | | identity with a mask or other headgear. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Chapter 42, Penal Code, is amended by adding |
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| 14 | 14 | | Section 42.16 to read as follows: |
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| 15 | 15 | | Sec. 42.16. HARASSING, INTIMIDATING, OR THREATENING PERSON |
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| 16 | 16 | | WHILE CONCEALING IDENTITY WITH MASK OR OTHER HEADGEAR. (a) In this |
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| 17 | 17 | | section: |
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| 18 | 18 | | (1) "Harass" means to engage in a pattern of conduct |
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| 19 | 19 | | directed at a particular person or group of people that is intended |
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| 20 | 20 | | to cause the person or group to: |
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| 21 | 21 | | (A) fear for the person's or group's safety; or |
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| 22 | 22 | | (B) experience substantial emotional distress. |
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| 23 | 23 | | (2) "Intimidate" means to engage in conduct that is |
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| 24 | 24 | | intended to cause another person or group of people, out of fear for |
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| 25 | 25 | | the person's or group's safety, to take, or refrain from taking, |
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| 26 | 26 | | certain actions. |
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| 27 | 27 | | (3) "Mask or other headgear" means any article or |
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| 28 | 28 | | device worn on a person's head that tends to conceal the identity |
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| 29 | 29 | | of, or substantially increase the difficulty in identifying, the |
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| 30 | 30 | | person wearing the article or device. |
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| 31 | 31 | | (4) "Threaten" means to communicate a clear intention |
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| 32 | 32 | | to cause imminent bodily injury or death to a person. |
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| 33 | 33 | | (b) A person commits an offense if the person, while wearing |
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| 34 | 34 | | a mask or other headgear for the purpose of concealing the identity |
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| 35 | 35 | | of the person or substantially increasing the difficulty in |
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| 36 | 36 | | identifying the person, intentionally harasses, intimidates, or |
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| 37 | 37 | | threatens another person or group of persons in a public place. |
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| 38 | 38 | | (c) An offense under this section is a Class B misdemeanor. |
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| 39 | 39 | | (d) It is a defense to prosecution under this section that |
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| 40 | 40 | | the mask or other headgear is worn: |
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| 41 | 41 | | (1) to celebrate a holiday or participate in a |
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| 42 | 42 | | celebration at which a mask or other headgear is commonly worn, |
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| 43 | 43 | | including Halloween or a masquerade ball; |
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| 44 | 44 | | (2) to ensure physical safety while engaged in an |
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| 45 | 45 | | occupation, trade, or profession; |
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| 46 | 46 | | (3) to ensure protection from the weather or while |
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| 47 | 47 | | participating in a winter sport; |
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| 48 | 48 | | (4) for purposes of a theatrical production or other |
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| 49 | 49 | | artistic endeavor; |
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| 50 | 50 | | (5) for purposes of ensuring safety during an |
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| 51 | 51 | | emergency, including while participating in an emergency drill; |
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| 52 | 52 | | (6) to protect a person's health or ensure that the |
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| 53 | 53 | | person does not spread illness; or |
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| 54 | 54 | | (7) for any religious purpose. |
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| 55 | 55 | | (e) If conduct constituting an offense under this section |
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| 56 | 56 | | also constitutes an offense under another section of this code, the |
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| 57 | 57 | | actor may be prosecuted under either section or both sections. |
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| 58 | 58 | | SECTION 2. This Act takes effect September 1, 2025. |
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