100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4092

 

Introduced , by Rep. John M. Cabello

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/25-1.5 new

    Amends the Criminal Code of 2012. Creates the offense of unlawful wearing of a mask, hood, or device to conceal the identity of the wearer from a peace officer. Provides that the offense is committed when a person, with the intent to conceal his or her identity from a peace officer, wears a mask, hood, or device in which any portion of the person's face is hidden, concealed, or covered on any public way, public place, or property, or on any private property, without first having obtained the written permission from the owner or occupier of the property. Provides exemptions. Provides that a violation is a Class C misdemeanor.


LRB100 14341 RLC 29118 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4092LRB100 14341 RLC 29118 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by adding
5Section 25-1.5 as follows:
 
6    (720 ILCS 5/25-1.5 new)
7    Sec. 25-1.5. Unlawful wearing of a mask, hood, or device to
8conceal the identity of the wearer from a peace officer.
9    (a) A person commits unlawful wearing of a mask, hood, or
10device to conceal the identity of the wearer from a peace
11officer when he or she, with the intent to conceal his or her
12identity from a peace officer, wears a mask, hood, or device in
13which any portion of the person's face is hidden, concealed, or
14covered on any public way, public place, or property, or on any
15private property, without first having obtained the written
16permission from the owner or occupier of the property.
17    (b) Subsection (a) of this Section does not apply to:
18        (1) a person wearing a traditional holiday costume on
19    the occasion of the holiday;
20        (2) a person lawfully engaged in trade, employment, or
21    a sporting activity in which a mask is worn for the purpose
22    of ensuring the physical safety of the wearer, or because
23    of the nature of the occupation, trade, profession, or

 

 

HB4092- 2 -LRB100 14341 RLC 29118 b

1    sporting activity;
2        (3) a person using a mask in a theatrical production or
3    masquerade ball;
4        (4) a person wearing a gas mask prescribed in emergency
5    management drills, exercises, or emergencies; or
6        (5) a person wearing a mask, hood, or other device for
7    bona fide medical reasons.
8    (c) Sentence. Unlawful wearing of a mask, hood, or device
9that conceals identity from a peace officer is a Class C
10misdemeanor.