House Bill No. 3061 proposes to enhance the penalties for certain criminal offenses committed while an individual is disguised or masked. The bill introduces a new section, 12.505, to the Penal Code, which stipulates that if it is proven during a trial that the offender was disguised or masked with the intent to conceal their identity, the punishment for the offense will be elevated to the next higher category. This applies specifically to offenses under Title 5, Chapters 28, 29, or 30, and Sections 42.01 or 42.02. Additionally, if the offense is classified as a Class A misdemeanor, the minimum confinement term is increased to 180 days, while the punishment for first-degree felonies remains unchanged.

The bill also allows defendants to argue that their disguise or mask was worn for benign reasons, such as Halloween or a masquerade ball. If the defendant successfully proves this by a preponderance of the evidence, the enhanced punishment will not apply. The changes in law will only affect offenses committed on or after the effective date of September 1, 2025, with prior offenses governed by the law in effect at the time of the offense.

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