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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
489
BY
JUDICIARY,
RULES
AND
ADMINISTRATION
COMMITTEE
AN
ACT
1
RELATING
TO
CRIMES
AND
PUNISHMENT;
AMENDING
CHAPTER
9,
TITLE
18,
IDAHO
CODE,
2
BY
THE
ADDITION
OF
A
NEW
SECTION
18
-
915D,
IDAHO
CODE,
TO
PROHIBIT
THE
3
USE
OF
A
MASK
OR
DISGUISE
DURING
A
CRIMINAL
OFFENSE
AND
TO
PROVIDE
FOR
A
4
SENTENCING
ENHANCEMENT;
PROVIDING
SEVERABILITY;
AND
DECLARING
AN
EMER
-
5
GENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Chapter
9,
Title
18,
Idaho
Code,
be,
and
the
same
is
8
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
9
ignated
as
Section
18
-
915D,
Idaho
Code,
and
to
read
as
follows:
10
18
-
915D.
USE
OF
MASK
OR
DISGUISE
DURING
CRIMINAL
OFFENSE
-
-
SENTENC
-
1
1
ING
ENHANCEMENT.
(1)
It
shall
be
unlawful
for
any
individual
to
wear
a
mask,
12
hood,
or
other
device
that
covers,
hides,
or
conceals
any
portion
of
the
in
-
13
dividual's
face
while
committing
or
attempting
to
commit
another
criminal
14
offense.
15
(2)
A
person
who
violates
the
provisions
of
this
section
while
commit
-
16
ting
or
attempting
to
commit
another
criminal
offense
shall,
upon
convic
-
17
tion,
be
subject
to
an
enhanced
penalty
in
addition
to
the
sentence
imposed
18
for
the
underlying
offense.
Such
enhancement
shall
consist
of
an
additional
19
fine
not
to
exceed
two
thousand
five
hundred
dollars
($2,500),
an
additional
20
term
of
imprisonment
not
to
exceed
one
(1)
year,
or
both
such
fine
and
impris
-
21
onment.
22
(3)
The
provisions
of
this
section
shall
not
be
construed
to
preclude
23
prosecution
or
penalties
under
any
other
applicable
law.
24
SECTION
2.
SEVERABILITY.
The
provisions
of
this
act
are
hereby
declared
25
to
be
severable
and
if
any
provision
of
this
act
or
the
application
of
such
26
provision
to
any
person
or
circumstance
is
declared
invalid
for
any
reason,
27
such
declaration
shall
not
affect
the
validity
of
the
remaining
portions
of
28
this
act.
29
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
30
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
31
July
1,
2026.
32