H04892026 Regular Session

Adds to existing law to prohibit the use of a mask or disguise during a criminal offense and to provide for a sentencing enhancement.

CRIMES AND PUNISHMENT -- Adds to existing law to prohibit the use of a mask or disguise during a criminal offense and to provide for a sentencing enhancement.

CRIMES AND PUNISHMENT

IntroducedIn CommitteeFloor VoteEnacted

STATEMENT OF PURPOSE

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This legislation provides for an optional sentencing enhancement for the situation wherein a person commits, or attempts to commit, a crime while wearing a mask or other device to cover their face. If convicted of an underlying crime while wearing a mask, the underlying sentence may be enhanced with up to an additional one (1) year in jail or prison, and/or a potential fine of up to $2,500.00.

FISCAL NOTE

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This legislation may cause additional expenditure of funds at the state or local level of government, depending on how often the sentencing enhancement is utilized by the judiciary.

SOP revised: 01/21/2026, 9:47 AM

BILL TEXT

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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 489 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT1 RELATING TO CRIMES AND PUNISHMENT; AMENDING CHAPTER 9, TITLE 18, IDAHO CODE,2 BY THE ADDITION OF A NEW SECTION 18-915D, IDAHO CODE, TO PROHIBIT THE3 USE OF A MASK OR DISGUISE DURING A CRIMINAL OFFENSE AND TO PROVIDE FOR A4 SENTENCING ENHANCEMENT; PROVIDING SEVERABILITY; AND DECLARING AN EMER-5 GENCY AND PROVIDING AN EFFECTIVE DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. That Chapter 9, Title 18, Idaho Code, be, and the same is8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-9 ignated as Section 18-915D, Idaho Code, and to read as follows:10 18-915D. USE OF MASK OR DISGUISE DURING CRIMINAL OFFENSE -- SENTENC-11 ING ENHANCEMENT. (1) It shall be unlawful for any individual to wear a mask,12 hood, or other device that covers, hides, or conceals any portion of the in-13 dividual's face while committing or attempting to commit another criminal14 offense.15 (2) A person who violates the provisions of this section while commit-16 ting or attempting to commit another criminal offense shall, upon convic-17 tion, be subject to an enhanced penalty in addition to the sentence imposed18 for the underlying offense. Such enhancement shall consist of an additional19 fine not to exceed two thousand five hundred dollars ($2,500), an additional20 term of imprisonment not to exceed one (1) year, or both such fine and impris-21 onment.22 (3) The provisions of this section shall not be construed to preclude23 prosecution or penalties under any other applicable law.24

SECTION 2. SEVERABILITY. The provisions of this act are hereby declared25 to be severable and if any provision of this act or the application of such26 provision to any person or circumstance is declared invalid for any reason,27 such declaration shall not affect the validity of the remaining portions of28 this act.29

SECTION 3. An emergency existing therefor, which emergency is hereby30 declared to exist, this act shall be in full force and effect on and after31 July 1, 2026.32