H.B. 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 in a way that concealed their identity while committing specific offenses, the punishment will be elevated to the next higher category of offense. This applies to offenses under Title 5 and Chapters 28, 29, or 30, as well as Sections 42.01 and 42.02. Additionally, if the offense is classified as a Class A misdemeanor, the minimum confinement term is increased to 180 days, although this increase does not apply to first-degree felonies.

The bill also allows defendants to argue that their disguise or mask was intended for a legitimate purpose, 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 they were committed.

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