ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: JUD DPA/SE 7-2-0-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2862: unlawful masking; violation

NOW: unlawful masking; violation

Sponsor: Representative Nguyen, LD 1

House Engrossed

Overview

Establishes enhanced sentencing for any offence located in A.R.S. Title 13, when committed while wearing a mask.

History

Under current law, for the sentencing of felony offences, the court may impose an increased maximum term of imprisonment if one or more alleged aggravating circumstances are found true by the trier of fact beyond a reasonable doubt or are admitted by the defendant. Among the enumerated aggravators is that, during or immediately following the commission of an offense, the defendant used a mask or other disguise to obscure the defendant’s face to avoid identification (A.R.S. § 13-701).

Provisions

1.   Creates a sentencing enhancement such that any person who is convicted of any offense outlined in A.R.S. Title 13 while wearing a mask with the intent to conceal identity is to be sentenced for the next higher class of offense. (Sec. 1)

2.   Stipulates that this enhancement does not apply to class 1 or 2 felonies. (Sec. 1)

3.   Asserts that the additional sentence imposed by this Act is in addition to any other enhanced sentences that may be applicable. (Sec. 1)

4.   Allows the court to waive the sentencing enhancement if the court finds clear and convincing evidence that the face covering was worn as a religious covering. (Sec. 1)

5.   Defines mask. (Sec. 1)

 

 

 

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Initials NM                HB 2862

3/3/2026          Page 0 House Engrossed

 

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