HF 25 (LSB 1030YH (3) 91)

HOUSE FILE 25

BY  COLLINS

A BILL FOR

An Act relating to the commission of a criminal offense while wearing a mask, clothing, or device to conceal the identity of the wearer, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  701.14  Wearing of mask, clothing, or device that conceals identity of wearer.
   1.  A person who is convicted of a criminal offense who intentionally concealed or attempted to conceal the person’s identity by wearing a mask, or other clothing or device, for the purpose of facilitating the commission of the crime shall have the underlying criminal offense classified and punished as an offense one degree higher than the underlying offense.
   2.  This section shall not apply to any of the following:
   a.  A person wearing a traditional holiday costume in season.
   b.  A person engaged in a trade or occupation for which a mask is worn for the purpose of ensuring the physical safety of the wearer, or because of the nature of the trade or occupation.
   c.  A person using a mask in a theatrical production.
   d.  A person wearing a gas mask prescribed in civil defense drills and exercises or emergencies.
   e.  A person who is a member or member-elect of a society, order, or organization while engaged in any parade, ritual, initiation, ceremony, celebration, or requirement of such society, order, or organization and wearing or using any manner of costume, paraphernalia, disguise, facial makeup, hood, implement, or device, whether the identity of such person is concealed or not, on any public or private street, road, way, or property, or in any public or private building, provided permission shall have been first obtained by a representative of such society, order, or organization from the governing body of the municipality, as defined in section 403.17, in which the same takes place.
   f.  A person wearing a medical or surgical grade mask for the purpose of preventing the spread of contagious disease or infection.
   g.  A person wearing a mask for the purpose of protecting the person’s head or face while operating a motorcycle.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the commission of a criminal offense while wearing a mask, clothing, or device to conceal the identity of the wearer.
   The bill provides that a person who is convicted of a criminal offense who intentionally concealed or attempted to conceal the person’s identity by wearing a mask, or other clothing or device, for the purpose of facilitating the commission of the crime shall have the underlying criminal offense classified and punished as an offense one degree higher than the underlying offense.
   The bill exempts the following: a person wearing a traditional holiday costume in season; a person engaged in a trade or occupation for which a mask is worn for the purpose of ensuring the physical safety of the wearer, or because of the nature of the trade or occupation; a person using a mask in a theatrical production; a person wearing a gas mask prescribed in civil defense drills and exercises or emergencies; a person who is a member or member-elect of a society, order, or organization while engaged in any parade, ritual, initiation, ceremony, celebration, or requirement of such society, order, or organization and wearing or using any manner of costume, paraphernalia, disguise, facial makeup, hood, implement, or device, whether the identity of such person is concealed or not, on any public or private street, road, way, or property, or in any public or private building; a person wearing a medical or surgical grade mask for the purpose of preventing the spread of contagious disease or infection; or a person wearing a mask for the purpose of protecting the person’s head or face while operating a motorcycle.