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 to conceal 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 worn for benign reasons, such as Halloween or a masquerade ball, which, if proven, would negate the enhanced punishment. The definition of "disguised or masked" is clarified to mean using artificial methods that make identification significantly more difficult. The changes in law will only apply to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses committed prior to this date will be governed by the existing laws.

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