S.B. No. 2876 proposes to increase the criminal penalties for individuals participating in a riot while wearing a mask or other face covering. The bill amends Section 42.02(f) of the Penal Code to classify such an offense as a Class A misdemeanor if it is proven during the trial that the individual was wearing a mask or face covering with the intent to conceal their identity. Additionally, the bill specifies that the offense will be classified at the same level as any higher-grade offense committed by others involved in the riot if the actions were in furtherance of the assembly's purpose or were anticipated as a result of the assembly.

The changes introduced by this bill will only apply to offenses committed on or after its effective date of September 1, 2025. Offenses occurring before this date will be governed by the previous law, ensuring that any elements of the offense that took place prior to the effective date are treated under the law in effect at that time.

Statutes affected:
Introduced: Penal Code 42.02 (Penal Code 42)
Senate Committee Report: Penal Code 42.02 (Penal Code 42)