unlawful masking; violation

Plain English Breakdown

The effective date is listed as the general effective date, but no specific calendar date was provided in the source material.

HB2862: Penalty for Wearing Masks to Hide Identity

This law requires courts to sentence people convicted of crimes one class higher if they wore a mask over their nose or mouth with the intent to hide who they are.

What This Bill Does

• Requires judges to sentence offenders for the next higher class of crime if they wore a mask to conceal their identity during the offense.
• Excludes Class 1 and Class 2 felonies from this sentencing rule.
• Allows courts to ignore this penalty if there is clear proof that the mask was worn as part of sincere religious beliefs.
• Defines a 'mask' specifically as any covering placed over or obscuring a person's nose or mouth.

Who It Names or Affects

• People convicted of crimes who wore masks to hide their identity
• Courts and judges deciding sentences for these offenses

Terms To Know

Sentencing enhancement

A rule that increases the punishment or moves a crime into a more serious category.

Class of offense

The level of severity assigned to a crime, which determines how long someone might go to prison.

Limits and Unknowns

• This law does not apply if the person is charged with a Class 1 or Class 2 felony.
• There is no expected cost impact on the state General Fund associated with this legislation, but costs for local jails or courts are not specified.

Official Summary Text

HB2862 - 572R - Senate Fact Sheet

Assigned to
JUDE������������������������������������������������������������������������������������������������������������������ FOR
COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
H.B. 2862

unlawful
masking; violation

(
NOW: unlawful
masking; penalty
)

Purpose

Establishes a
sentencing enhancement that requires a person who is convicted of any offense
that was committed while wearing a mask with the intent to conceal the person's
identity to be sentenced for the next higher class of offense than that for
which the person is charged.

Background

Criminal
offenses are assigned classifications that determine the applicable sentencing
ranges, including minimum, presumptive and maximum terms of imprisonment for
felony offenses. The court imposes a sentence within statutory ranges and may
consider aggravating and mitigating circumstances to determine the appropriate
term. Sentence enhancements can also be imposed, allowing additional penalties
or increased sentencing consequences based on specific circumstances, which are
imposed in addition to or in conjunction with the underlying offense
classification (A.R.S. ��
13-701

and
13-702
).

If a defendant
committed an offense while disguised or wearing a mask or other device to
conceal the defendant's identity, it is considered an aggravating circumstance
and may be considered by the court at sentencing to increase the severity of
the sentence within the statutory range for the offense (
A.R.S.
� 13-701
).

There is no anticipated fiscal impact to the state General Fund
associated with this legislation.

Provisions

1.

Requires a person who is convicted of any offense that was committed
while wearing a mask with the intent to conceal the person's identity to be
sentenced for the next higher class of offense than that for which the person
is charged.

2.

Specifies that the sentencing enhancement does not apply to class 1 or 2
felonies.

3.

Specifies that the additional sentence imposed is in addition to any
enhanced sentence that may be applicable and does not preclude the court from
imposing any other sentence that is authorized by law.

4.

Allows the court to waive the application of the sentence enhancement at
sentencing if the court finds by clear and convincing evidence that the mask
was worn as a religious covering, consistent with the defendant's sincerely
held religious beliefs.

5.

Defines
mask
as a covering that obscures or is worn over a
person's nose or mouth.

6.

Becomes effective on the general effective date.

House Action

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3
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Read��������� 3/2/26������������������������� 31-25-3-0-1

Prepared by Senate Research

March 20, 2026

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Current Bill Text

HB2862 - 572R - H Ver

CORRECTED REFERENCE
TITLE

House Engrossed

unlawful
masking; violation

(now:� unlawful
masking; penalty)

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2862

AN
ACT

amending title 13, chapter 7, Arizona
Revised Statutes, by adding section 13-722; relating to sentencing and
imprisonment.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 13, chapter 7, Arizona Revised
Statutes, is amended by adding section 13-722, to read:

START_STATUTE
13-722.

Sentencing enhancement for identity concealment; definition

A. A person who is convicted of any
offense
prescribed in this title that was committed while
wearing a mask with the intent to conceal the person's identity shall be
sentenced for the next higher class of offense than that for which the person
is
charged.

B. This section does not apply
to Class 1 and class 2 felonies.

C. The additional sentence imposed
pursuant to this section is in addition to any enhanced sentence that may be applicable
and does not preclude the court from imposing any other sentence that is
authorized by law.

D. The court may waive the
application of this section at sentencing if the court finds by clear and
convincing evidence that the mask was worn as a religious covering, consistent
with the defendant's sincerely held religious beliefs.

E. For the purposes of this section,
"Mask" means a covering that obscures or is worn over a person's nose
or mouth.

END_STATUTE