SB2595 - Relating to the creation of the criminal offense of harassing, intimidating, or threatening another person while concealing identity with a mask or other headgear.

      By: Middleton S.B. No. 2595     (Oliverson)           A BILL TO BE ENTITLED   AN ACT   relating to the creation of the criminal offense of harassing,   intimidating, or threatening another person while concealing   identity with a mask or other headgear.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 42, Penal Code, is amended by adding   Section 42.16 to read as follows:           Sec.   42.16.     HARASSING, INTIMIDATING, OR THREATENING PERSON   WHILE CONCEALING IDENTITY WITH MASK OR OTHER HEADGEAR.   (a) In this   section:                 (1)     "Harass" means to engage in a pattern of conduct   directed at a particular person or group of persons that is intended   to cause the person or group to:                       (A)  fear for the person's or group's safety; or                       (B)  experience substantial emotional distress.                 (2)     "Intimidate" means to engage in conduct that is   intended to cause another person or group of persons, out of fear   for the person's or group's safety, to take, or refrain from taking,   certain actions.                 (3)     "Mask or other headgear" means any article or   device worn on a person's head that tends to conceal the identity   of, or substantially increase the difficulty in identifying, the   person wearing the article or device.                 (4)     "Threaten" means to communicate a clear intention   to cause imminent bodily injury or death to a person.           (b)     A person commits an offense if the person, while wearing   a mask or other headgear for the purpose of concealing the identity   of the person or substantially increasing the difficulty in   identifying the person, intentionally harasses, intimidates, or   threatens another person or group of persons in a public place.           (c)  An offense under this section is a Class B misdemeanor.           (d)     It is an affirmative defense to prosecution under this   section that the mask or other headgear is worn primarily:                 (1)     to celebrate a holiday or participate in a   celebration at which a mask or other headgear is commonly worn,   including Halloween or a masquerade ball;                 (2)     to ensure physical safety while engaged in an   occupation, trade, or profession;                 (3)     to ensure protection from the weather or while   participating in a winter sport;                 (4)     for purposes of a theatrical production or other   artistic endeavor;                 (5)     for purposes of ensuring safety during an   emergency, including while participating in an emergency drill;                 (6)     to protect a person's health or ensure that the   person does not spread illness; or                 (7)  for any religious purpose.           (e)     If conduct constituting an offense under this section   also constitutes an offense under another section of this code, the   actor may be prosecuted under either section or both sections.          SECTION 2.  This Act takes effect September 1, 2025.