Bill Description: House Bill 489 would criminalize wearing a mask while committing or attempting to commit another crime and create a sentencing enhancement for doing so.
Rating: -1
Does it directly or indirectly create or increase penalties for victimless crimes or non-restorative penalties for non-violent crimes? Conversely, does it eliminate or decrease penalties for victimless crimes or non-restorative penalties for non-violent crimes?
House Bill 489 would create Section 18-915D, Idaho Code, to make it a crime to “wear a mask, hood, or other device that covers, hides, or conceals any portion of the individual's face while committing or attempting to commit another criminal offense.”
Anyone convicted of violating this new prohibition shall “be subject to an enhanced penalty in addition to the sentence imposed for the underlying offense” of an additional fine up to $2,500 and up to 1 year of additional imprisonment.
Of note, there is no requirement that the mask or hood be worn for the purpose of concealment. Indeed a “hood … that covers … any portion of the individual's face” could apply to normal jackets, coats, and hoodies. There is also no requirement that the “other criminal offense” be violent or have any victim at all.
There are many potential situations where individuals wearing hoods or masks might get into an altercation or otherwise commit some offense, where the presence of the face covering was incidental or unrelated. Medical masks, PPE, sports equipment, and religious face coverings could all fall under the scope of this law.
The threat of sentencing enhancements serves as a powerful tool for prosecutors seeking to negotiate a plea bargain, and this can create an imbalance within the justice system, especially when the enhancement is broad enough to be applied due to factors that are not connected to the underlying offense.
While the bill may bring to mind masked rioters or armed robbers in ski masks, the bill is not limited to violent offenders and could easily ensnare those charged with victimless crimes.
(-1)
