unlawful masking; violation

Plain English Breakdown

The bill summary does not provide specific details on how it will affect people who wear masks for reasons other than hiding their identity, such as religious practices.

Unlawful Masking; Penalty

This bill establishes a sentencing enhancement for people convicted of committing crimes while wearing masks to hide their identity, requiring them to be sentenced for the next higher class of offense than charged.

What This Bill Does

• Requires individuals who commit offenses while wearing masks with intent to conceal their identities to be sentenced for the next higher class of offense than originally charged.
• Does not apply this rule to Class 1 and Class 2 felonies.
• Allows courts to add additional sentences on top of any other penalties that might exist for the original crime.
• Gives judges discretion to waive the sentencing enhancement if they find clear and convincing evidence that the mask was worn as a religious covering consistent with sincerely held beliefs.

Who It Names or Affects

• People who commit crimes while wearing masks with intent to hide their identity will face harsher penalties.
• Courts and judges will have new rules to follow when sentencing people for certain crimes.

Terms To Know

Class of offense

A category that describes how serious a crime is, which determines the punishment given by law.

Sentencing enhancement

An increase in the penalty for a crime based on specific circumstances.

Limits and Unknowns

• The bill does not specify what happens if someone commits a Class 1 or Class 2 felony while wearing a mask.
• It is unclear how this law will affect people who wear masks for reasons other than hiding their identity, such as religious practices.

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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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