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Committee approves mask‑aggravator and malicious‑littering measure after debate
Summary
The committee approved Senate Bill 160, creating a sentencing aggravator for crimes committed while the offender is masked and establishing malicious littering as a distinct offense when intended to create fear. Supporters cited rising hate incidents; some members expressed free‑speech concerns but the bill passed 11–1.
The committee voted to pass Senate Bill 160, which contains two main provisions: it allows a court to consider an offender's wearing of a mask as an aggravating factor in sentencing where a crime was committed while masked, and it creates a new malicious‑littering offense defined by intent to cause reasonable fear for physical safety.
Sponsor Senator Deary said the mask provision is not a ban on masking or protest conduct but an aggravator judges may consider where the mask was used to facilitate a more serious offense. "It does not create a new crime... it simply says if you are arrested and convicted of a crime while wearing a mask, a judge may consider that as an aggravating factor," Deary said.
Supporters included law‑enforcement associations and community groups. David Sklar of the Jewish Community Relations Council described repeated incidents of masked perpetrators targeting religious institutions and said the provision addresses premeditation and intimidation. "It takes thought for the individual perpetrator to decide that they are going to hide their identity when they commit this crime," Sklar told the committee.
Representative Pierce and others raised concerns that the aggravator could be misapplied against protesters or unpopular speech; members discussed potential exemptions and the role of prosecutorial and judicial discretion. A separate amendment from Representative Pierce that would have required statewide law‑enforcement masking policies failed 4–8. The committee ultimately reported SB 160 as amended by an 11–1 vote.
Next steps: SB 160 was reported out of committee; members indicated they may consider additional clarifications on second reading to address civil‑liberties concerns.
