Under existing law, loitering is a crime committed when a person unlawfully loiters, remains, or wanders about a specified place for a prohibited purpose. The crime is also committed when a masked person loiters, remains, or congregates in a public place. Existing law specifies that the crime is not committed when the person is participating in a masquerade event or participating in a public parade presentation of or an educational, religious, or historical event. This bill would further provide for the exemption by including wearing a surgical or medical mask while participating in a protest, demonstration, or other public assembly, provided the use of the mask is to mitigate the spread of an infectious disease. This bill would also allow local boards of education and public institutions of higher education to adopt and enforce mask policies on their respective campuses.

Statutes affected:
Introduced: 13A-11-9