House File 25 - Introduced HOUSE FILE 25 BY COLLINS A BILL FOR An Act relating to the commission of a criminal offense while 1 wearing a mask, clothing, or device to conceal the identity 2 of the wearer, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1030YH (3) 91 as/js
H.F. 25 Section 1. NEW SECTION . 701.14 Wearing of mask, clothing, 1 or device that conceals identity of wearer. 2 1. A person who is convicted of a criminal offense who 3 intentionally concealed or attempted to conceal the person’s 4 identity by wearing a mask, or other clothing or device, for 5 the purpose of facilitating the commission of the crime shall 6 have the underlying criminal offense classified and punished as 7 an offense one degree higher than the underlying offense. 8 2. This section shall not apply to any of the following: 9 a. A person wearing a traditional holiday costume in season. 10 b. A person engaged in a trade or occupation for which a 11 mask is worn for the purpose of ensuring the physical safety 12 of the wearer, or because of the nature of the trade or 13 occupation. 14 c. A person using a mask in a theatrical production. 15 d. A person wearing a gas mask prescribed in civil defense 16 drills and exercises or emergencies. 17 e. A person who is a member or member-elect of a society, 18 order, or organization while engaged in any parade, ritual, 19 initiation, ceremony, celebration, or requirement of such 20 society, order, or organization and wearing or using any manner 21 of costume, paraphernalia, disguise, facial makeup, hood, 22 implement, or device, whether the identity of such person is 23 concealed or not, on any public or private street, road, way, 24 or property, or in any public or private building, provided 25 permission shall have been first obtained by a representative 26 of such society, order, or organization from the governing body 27 of the municipality, as defined in section 403.17, in which the 28 same takes place. 29 f. A person wearing a medical or surgical grade mask for 30 the purpose of preventing the spread of contagious disease or 31 infection. 32 g. A person wearing a mask for the purpose of protecting the 33 person’s head or face while operating a motorcycle. 34 EXPLANATION 35 -1- LSB 1030YH (3) 91 as/js 1/ 2
H.F. 25 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill relates to the commission of a criminal offense 3 while wearing a mask, clothing, or device to conceal the 4 identity of the wearer. 5 The bill provides that a person who is convicted of a 6 criminal offense who intentionally concealed or attempted to 7 conceal the person’s identity by wearing a mask, or other 8 clothing or device, for the purpose of facilitating the 9 commission of the crime shall have the underlying criminal 10 offense classified and punished as an offense one degree higher 11 than the underlying offense. 12 The bill exempts the following: a person wearing a 13 traditional holiday costume in season; a person engaged in a 14 trade or occupation for which a mask is worn for the purpose of 15 ensuring the physical safety of the wearer, or because of the 16 nature of the trade or occupation; a person using a mask in a 17 theatrical production; a person wearing a gas mask prescribed 18 in civil defense drills and exercises or emergencies; a 19 person who is a member or member-elect of a society, order, or 20 organization while engaged in any parade, ritual, initiation, 21 ceremony, celebration, or requirement of such society, order, 22 or organization and wearing or using any manner of costume, 23 paraphernalia, disguise, facial makeup, hood, implement, or 24 device, whether the identity of such person is concealed or 25 not, on any public or private street, road, way, or property, 26 or in any public or private building; a person wearing a 27 medical or surgical grade mask for the purpose of preventing 28 the spread of contagious disease or infection; or a person 29 wearing a mask for the purpose of protecting the person’s head 30 or face while operating a motorcycle. 31 -2- LSB 1030YH (3) 91 as/js 2/ 2