Bill Analyses and Ratings
Bill Information: H0685 – Mask Use During Crimes – Sentencing Enhancement
Bill Summary
House Bill 685 creates new Idaho Code Section 18-915D, which makes it unlawful to wear a mask or any device that covers, hides, or conceals any portion of a person’s face while committing or attempting to commit a felony or specific misdemeanors. The covered misdemeanors include assault, battery, indecent exposure, sexual exploitation of a child, and sexual battery.
Violators face enhanced penalties beyond the sentence for the underlying crime: an additional fine up to $2,500, an additional prison term up to one year, or both. The law exempts law enforcement officers who wear face coverings while operating within the scope of their employment. The bill declares an emergency and takes effect July 1, 2026.
Overall Assessment
This bill creates enhanced criminal penalties for offenders who conceal their faces during the commission of felonies or certain violent and sexual misdemeanors. Convicted offenders will face up to an additional year in prison and $2,500 in fines on top of their underlying sentence. The law strengthens prosecution of criminals who attempt to hide their identity during crimes, particularly those involving violence or sexual offenses against children.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (0)
This bill creates a criminal sentencing enhancement but does not address fiscal policy, taxation, government spending, or legislative operations. The new criminal penalties may have minor budgetary implications for the corrections system, but the bill contains no provisions related to government structure or fiscal responsibility.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
The bill establishes criminal penalties for masked offenders and does not involve citizen participation in government, election procedures, or voting rights. The legislation operates entirely within the criminal justice system and has no connection to civic engagement or political processes.
ARTICLE III. EDUCATION (0)
This criminal sentencing enhancement does not address education policy, curriculum, parental rights, school choice, or educational funding. While the bill covers sexual exploitation of a child as one triggering offense, it does not create education-related policies or protections.
ARTICLE IV. AGRICULTURE (0)
The bill creates criminal penalties and has no connection to agricultural industry, farming, ranching, agricultural education, or water rights for agriculture. The legislation operates entirely within criminal law.
ARTICLE V. WATER (0)
This sentencing enhancement for masked criminals does not address water rights, water management, dam operations, or state sovereignty over water resources. The bill has no connection to water policy.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
The bill establishes criminal penalties and does not involve environmental stewardship, natural resource management, federal land policy, or wilderness areas. The legislation has no connection to environmental or conservation issues.
ARTICLE VII. ENERGY (0)
This criminal law enhancement does not address energy independence, energy production, hydroelectric power, or energy policy. The bill operates entirely within the criminal justice system.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
The bill creates criminal sentencing enhancements and has no connection to the Idaho National Laboratory, nuclear research, energy technology, or technology transfer. The legislation does not address INL operations or programs.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
This bill targets criminal conduct by individuals and does not involve property rights, eminent domain, regulatory takings, or restrictions on property development. The legislation operates within criminal law rather than property law.
ARTICLE X. STATE AND FEDERAL LANDS (0)
The bill establishes criminal penalties for masked offenders and does not address federal land management, state control of lands, or land ownership issues. The legislation has no connection to land management policy.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
This criminal sentencing enhancement does not involve fish and game management, hunting, fishing, predator control, or wildlife policy. The bill operates entirely within criminal law unrelated to wildlife issues.
ARTICLE XII. ECONOMY (0)
The bill creates criminal penalties but does not directly address economic growth, commerce, industry, small business support, labor policy, or transportation. While crime deterrence may have indirect economic effects, the legislation contains no provisions related to business or economic development.
ARTICLE XIII. HEALTH AND WELFARE (0)
This criminal law enhancement does not address healthcare delivery, health insurance, patient rights, conscience clauses, or welfare programs. The bill operates within the criminal justice system and has no connection to health policy.
ARTICLE XIV. AMERICAN FAMILY (0)
While Section 18-915D(1) includes sexual exploitation of a child as one of the triggering offenses for the mask prohibition, the bill itself does not create new protections for children or families. The legislation merely adds an enhancement to existing crimes rather than establishing family-related policies or protections.
ARTICLE XV. OLDER AMERICANS (0)
The bill creates criminal sentencing enhancements and does not address policies affecting older Americans, senior services, healthcare for seniors, or employment protections for working seniors. The legislation has no connection to issues affecting older citizens.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (1)
Section 18-915D(2) directly creates enhanced punishment for criminals who wear masks while committing felonies or specified misdemeanors, imposing up to an additional year of imprisonment and $2,500 in fines beyond the underlying offense. This sentencing enhancement provides additional penalties for offenders who conceal their identity during criminal acts, strengthening law enforcement's ability to punish those who attempt to evade identification while committing crimes.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
This criminal sentencing enhancement does not address military strength, veterans' affairs, national defense, border security, or terrorism. The bill operates within state criminal law and has no connection to national security or border issues.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The bill creates criminal penalties and does not address judicial elections, selection of judges, or constitutional interpretation principles. The legislation has no connection to the judicial selection process or court operations.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
The bill prohibits masks only while committing or attempting to commit specified crimes under Section 18-915D(1). The law does not restrict religious practices or the free exercise of religion, as it applies exclusively in the context of criminal conduct. The exemption in Section 18-915D(3) applies only to law enforcement officers.