BILL NUMBER: S9891
SPONSOR: MURRAY
 
TITLE OF BILL:
An act to amend the penal law, in relation to establishing the crime of
aggravated concealment of identity
 
PURPOSE:
This bill establishes the crime of aggravated criminal concealment of
identity.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill establishes new Title Y-3, Article 498, within NYS
Penal Law. This Section creates § 498.00 related to defining the new
crime of aggravated criminal concealment of identity by wearing of a
mask or face covering, and § 498.05 related to enhanced criminal penal-
ties for specified offenses when those offenses are done while commit-
ting this new crime.
Specifically, Paragraph 1 of Section 1 of the bill adds § 498.00 to the
NYS Penal law to establish a new crime of aggravated concealment of
identity when a specified offense is committed while wearing a mask or
face covering. Paragraph 2 of Section 1 of the bill provides a list of
"specified offenses" consisting of misdemeanor and felony offenses to
which t his chapter is applicable.
Paragraph 3 of Section 1 of the bill defines mask or face covering to
mean "any face covering, face mask, face shield, or other material worn
whether standalone or part of another item of clothing or equipment that
conceals a person's identity, either partially or w holly, whereby the
face or voice is disguised by being masked or in any manner is disguised
by unusual or unnatural attire or facial alteration."
Section 1 of the bill also creates new § 498.05 that lays out sentencing
terms for the new crime of aggravated concealment of identity that would
apply to persons committing any of the specified misdemeanors and/or
felonies.
Section 2 of the bill sets an immediate effective date.
 
JUSTIFICATION:
Criminals who commit serious misdemeanors and felonies while in disguise
should be subject to increased penalties for their actions. This bill
will establish new criminal penalties to serve as deterrence to anony-
mous crimes. It also will allow victims to seek justice when hurt by
criminals who are emboldened by the lack of consequences in state law
for concealing their identity while they commit these serious crimes.
This bill will, by creating a new crime of aggravated concealment of
identity, provide an elevation of penalty of misdemeanors and felonies
by bumping up existing penalties of specified offenses by one degree,
when it is evident that the perpetrator of a serious crime me committed
such crime while disguising themself using a mask or face covering.
There currently is no prohibition in state law or mechanism by which to
hold people accountable for the menacing behavior of intentional
concealment of identity during a criminal act. This bill will fill that
gap in state law.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.