Bill Text: TX HB3205 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to increasing the criminal penalty for committing certain offenses while wearing a mask or military-style gear.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-19 - Left pending in committee [HB3205 Detail]
Download: Texas-2021-HB3205-Introduced.html
| 87R11514 EAS-D | ||
| By: Ellzey | H.B. No. 3205 | |
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| 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. | ||
