H06852026 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

Committee: Judiciary & Rules

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 felony crime, or certain misdemeanor crimes, 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. There is an exemption for law enforcement, so long as they are acting within the scope and course of their employment.

FISCAL NOTE

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This legislation may causes no increase or decrease in revenue, or additional expenditure of funds at the state level of government. There will be additional costs to counties for jail use. The amount is uncertain as it is unknown how often sentencing enhancement will be invoked.

SOP revised: 03/04/2026, 9:17 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. 685 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 THE USE3 OF A MASK OR DISGUISE DURING A CRIMINAL OFFENSE, TO PROVIDE FOR A SEN-4 TENCING ENHANCEMENT, TO PROVIDE AN EXEMPTION, AND TO PROVIDE FOR OTHER5 APPLICABLE LAW; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY AND6 PROVIDING AN EFFECTIVE DATE.7

Be It Enacted by the Legislature of the State of Idaho:8

SECTION 1. That Chapter 9, Title 18, Idaho Code, be, and the same is9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-10 ignated as Section 18-915D, Idaho Code, and to read as follows:11 18-915D. USE OF MASK OR DISGUISE DURING CRIMINAL OFFENSE -- SENTENC-12 ING ENHANCEMENT. (1) It shall be unlawful for any individual to wear a mask or13 other device that covers, hides, or conceals any portion of the individual's14 face while committing or attempting to commit a felony crime or misdemeanor15 assault, battery, indecent exposure, sexual exploitation of a child, or sex-16 ual battery.17 (2) A person who violates the provisions of this section while commit-18 ting or attempting to commit another criminal offense may, upon conviction,19 be subject to an enhanced penalty in addition to the sentence imposed for the20 underlying offense. Such enhancement shall consist of an additional fine21 not to exceed two thousand five hundred dollars ($2,500), an additional term22 of imprisonment not to exceed one (1) year, or both such fine and imprison-23 ment.24 (3) The provisions of this section shall not apply to a law enforcement25 officer who wears a mask or other device that covers, hides, or conceals any26 portion of the officer's face while operating within the scope and course of27 the officer's employment.28 (4) The provisions of this section shall not be construed to preclude29 prosecution or penalties under any other applicable law.30

SECTION 2. SEVERABILITY. The provisions of this act are hereby declared31 to be severable and if any provision of this act or the application of such32 provision to any person or circumstance is declared invalid for any reason,33 such declaration shall not affect the validity of the remaining portions of34 this act.35

SECTION 3. An emergency existing therefor, which emergency is hereby36 declared to exist, this act shall be in full force and effect on and after37 July 1, 2026.38