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Committee adopts substitute to add sentencing enhancement for masked felonies; ACLU voices concern
Summary
The Criminal Justice Committee adopted a substitute to HB255 that would add up to two years’ imprisonment when a person commits a felony while wearing a mask intending to evade identification; law-enforcement groups supported the change while the ACLU warned it risks redundant, over‑incarceration.
The Criminal Justice Committee on May 19 adopted a substitute to House Bill 255 that would add a sentencing enhancement of up to two additional years for anyone charged with a felony (or an RS14:329.7 rioting offense) who wore a mask or face covering with intent to evade identification.
Representative Baham, the bill’s author, told the committee the substitute tightens language to avoid penalizing people who wear masks for benign reasons and narrows the scope compared with an earlier draft. He said the change is intended to increase the penalty only when the mask was worn to hide identity while committing a serious crime.
The ACLU of Louisiana’s Sarah Whittington opposed the substitute in committee testimony, telling members she was concerned the enhancement would be redundant alongside the state’s existing anti-masking law and could “add to mandatory minimums” and result in over‑incarceration. Whittington also raised a drafting question about whether the provision applies to someone merely charged or only if convicted; she said she had been advised it should apply only after conviction.
Zach Daniels, executive director of the Louisiana District Attorneys Association, told the committee the language as drafted should not allow the enhancement to apply to downgraded charges and referenced federal case law concerns about increasing sentencing based on facts not found by a jury. Multiple law‑enforcement groups submitted green cards in support, including the Sheriffs Association and the Fraternal Order of Police.
After discussion, the committee voted on the motion to report HB255 by substitute. The clerk read a roll call that produced eight yeas and three nays; the chair announced that HB255 was reported by substitute.
The committee record shows carve-outs for religious head coverings, motorcycle riders and medical masking. The next step for HB255 is a floor vote if the author carries it forward.
