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SECOND REGULAR SESSION
HOUSE BILL NO. 2325
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE LUCAS.
5286H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 558, RSMo, by adding thereto one new section relating to an enhanced
sentence for wearing face or body coverings during the commission of an of fense,
with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 558, RSMo, is amended by adding thereto one new section, to be
2 known as section 558.023, to read as follows:
558.023. 1. As used in this section, the following terms mean:
2 (1) "Concealment", actions taken to hide a person's identity that would pr event
3 ordinary witnesses or surveillance fr om r ecognizing the person;
4 (2) "Intent to conceal", a person knowingly and purposefully taking action to
5 avoid identification while committing an offense.
6 2. If a person is convicted of a misdemeanor or felony and the state pr oves
7 beyond a re asonable doubt that the person wor e a mask, hood, disguise, or other
8 clothing or a device with the intent to conceal the person's identity for the purpose of
9 committing the misdemeanor or felony , the court may impose an enhanced sentence.
10 3. (1) The enhanced sentence may incr ease the class of the offense by up to one
11 class higher than the underlying misdemeanor or felony for which the person was
12 convicted.
13 (2) The court shall consider the cir cumstances of the offense and the person's
14 prior record when deciding whether an enhancement is appr opriate.
15 4. The pr ovisions of this section shall apply only to misdemeanors and felonies
16 involving theft, assault, or pr operty damage exceeding five hundr ed dollars.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 5. The prov isions of this section shall not apply to persons wearing face or body
18 coverings for legitimate r eligious, medical, or occupational purposes, or in
1 9 cir cumstances where concealment was incidental and not intended to aid in
2 0 committing the offense.
21 6. (1) Evidence of intentional concealment may be consider ed by the court at
22 sentencing for the underlying offense, without r equiring a separate jury determination.
23 (2) The court may consider such evidence in deciding the appro priate sentence
24 within the statutory limits.
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