STATE OF NEW YORK ________________________________________________________________________ 9891 IN SENATE August 19, 2024 ___________ Introduced by Sens. MURRAY, CANZONERI-FITZPATRICK, OBERACKER, RHOADS, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the penal law, in relation to establishing the crime of aggravated concealment of identity The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new title Y-3 to read 2 as follows: 3 TITLE Y-3 4 CRIMINAL CONCEALMENT OF IDENTITY 5 ARTICLE 498 6 CRIMINAL CONCEALMENT OF IDENTITY 7 Section 498.00 Aggravated criminal concealment of identity. 8 498.05 Sentencing. 9 § 498.00 Aggravated criminal concealment of identity. 10 1. A person commits the crime of aggravated criminal concealment of 11 identity when such person commits a specified offense while wearing a 12 mask or face covering. 13 2. A "specified offense" is an offense defined by any of the following 14 provisions of this chapter: section 120.00 (assault in the third 15 degree); section 120.05 (assault in the second degree); section 120.06 16 (gang assault in the second degree); section 120.07 (gang assault in the 17 first degree); section 120.10 (assault in the first degree); section 18 120.12 (aggravated assault upon a person less than eleven years old); 19 section 120.13 (menacing in the first degree); section 120.14 (menacing 20 in the second degree); section 120.15 (menacing in the third degree); 21 section 120.20 (reckless endangerment in the second degree); section 22 120.25 (reckless endangerment in the first degree); section 121.11 23 (criminal obstruction of breathing or blood circulation); section 121.12 24 (strangulation in the second degree); section 121.13 (strangulation in 25 the first degree); subdivision one of section 125.15 (manslaughter in 26 the second degree); subdivision one, two or four of section 125.20 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16039-02-4S. 9891 2 1 (manslaughter in the first degree); section 125.25 (murder in the second 2 degree); section 125.26 (aggravated murder); section 125.27 (murder in 3 the first degree); section 120.45 (stalking in the fourth degree); 4 section 120.50 (stalking in the third degree); section 120.55 (stalking 5 in the second degree); section 120.60 (stalking in the first degree); 6 section 130.20 (sexual misconduct); section 130.25 (rape in the third 7 degree); section 130.30 (rape in the second degree); section 130.35 8 (rape in the first degree); former section 130.40; former section 9 130.45; former section 130.50; section 130.52 (forcible touching); 10 section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse 11 in the third degree); section 130.60 (sexual abuse in the second 12 degree); section 130.65 (sexual abuse in the first degree); section 13 130.65-a (aggravated sexual abuse in the fourth degree); section 130.66 14 (aggravated sexual abuse in the third degree); section 130.67 (aggra- 15 vated sexual abuse in the second degree); section 130.70 (aggravated 16 sexual abuse in the first degree); section 135.05 (unlawful imprisonment 17 in the second degree); section 135.10 (unlawful imprisonment in the 18 first degree); section 135.20 (kidnapping in the second degree); section 19 135.25 (kidnapping in the first degree); section 135.60 (coercion in the 20 third degree); section 135.61 (coercion in the second degree); section 21 135.65 (coercion in the first degree); section 140.10 (criminal trespass 22 in the third degree); section 140.15 (criminal trespass in the second 23 degree); section 140.17 (criminal trespass in the first degree); section 24 140.20 (burglary in the third degree); section 140.25 (burglary in the 25 second degree); section 140.30 (burglary in the first degree); section 26 145.00 (criminal mischief in the fourth degree); section 145.05 (crimi- 27 nal mischief in the third degree); section 145.10 (criminal mischief in 28 the second degree); section 145.12 (criminal mischief in the first 29 degree); section 150.05 (arson in the fourth degree); section 150.10 30 (arson in the third degree); section 150.15 (arson in the second 31 degree); section 150.20 (arson in the first degree); section 155.25 32 (petit larceny); section 155.30 (grand larceny in the fourth degree); 33 section 155.35 (grand larceny in the third degree); section 155.40 34 (grand larceny in the second degree); section 155.42 (grand larceny in 35 the first degree); section 160.05 (robbery in the third degree); section 36 160.10 (robbery in the second degree); section 160.15 (robbery in the 37 first degree); section 230.34 (sex trafficking); section 230.34-a (sex 38 trafficking of a child); section 240.25 (harassment in the first 39 degree); subdivision one, two or four of section 240.30 (aggravated 40 harassment in the second degree); section 240.50 (falsely reporting an 41 incident in the third degree); section 240.55 (falsely reporting an 42 incident in the second degree); section 240.60 (falsely reporting an 43 incident in the first degree); subdivision one of section 265.03 (crimi- 44 nal possession of a weapon in the second degree); subdivision one of 45 section 265.04 (criminal possession of a weapon in the first degree); 46 section 490.10 (soliciting or providing support for an act of terrorism 47 in the second degree); section 490.15 (soliciting or providing support 48 for an act of terrorism in the first degree); section 490.20 (making a 49 terroristic threat); section 490.25 (crime of terrorism); section 490.30 50 (hindering prosecution of terrorism in the second degree); section 51 490.35 (hindering prosecution of terrorism in the first degree); section 52 490.37 (criminal possession of a chemical weapon or biological weapon in 53 the third degree); section 490.40 (criminal possession of a chemical 54 weapon or biological weapon in the second degree); section 490.45 (crim- 55 inal possession of a chemical weapon or biological weapon in the first 56 degree); section 490.47 (criminal use of a chemical weapon or biologicalS. 9891 3 1 weapon in the third degree); section 490.50 (criminal use of a chemical 2 weapon or biological weapon in the second degree); section 490.55 (crim- 3 inal use of a chemical weapon or biological weapon in the first degree); 4 or any attempt or conspiracy to commit any of the foregoing offenses. 5 3. For the purposes of this section, the term "mask or face covering" 6 shall mean any face covering, face mask, face shield, or other material 7 worn whether standalone or part of another item of clothing or equipment 8 that conceals a person's identity, either partially or wholly, whereby 9 the face or voice is disguised by being masked or in any manner is 10 disguised by unusual or unnatural attire or facial alteration. 11 § 498.05 Sentencing. 12 1. When a person is convicted of the crime of aggravated criminal 13 concealment of identity pursuant to this article, and the specified 14 offense is a violent felony offense, as defined in section 70.02 of this 15 chapter, the crime of aggravated criminal concealment of identity shall 16 be deemed a violent felony offense. 17 2. When a person is convicted of the crime of aggravated criminal 18 concealment of identity pursuant to this article and the specified 19 offense is a misdemeanor or a class C, D or E felony, the crime shall be 20 deemed to be one category higher than the specified offense the defend- 21 ant committed, or one category higher than the offense level applicable 22 to the defendant's conviction for an attempt or conspiracy to commit a 23 specified offense, whichever is applicable. 24 3. Notwithstanding any other provision of law, when a person is 25 convicted of the crime of aggravated criminal concealment of identity 26 pursuant to this article and the specified offense is a class B felony: 27 (a) the maximum term of the indeterminate sentence must be at least 28 six years if the defendant is sentenced pursuant to section 70.00 of 29 this chapter; 30 (b) the term of the determinate sentence must be at least eight years 31 if the defendant is sentenced pursuant to section 70.02 of this chapter; 32 (c) the term of the determinate sentence must be at least twelve years 33 if the defendant is sentenced pursuant to section 70.04 of this chapter; 34 (d) the maximum term of the indeterminate sentence must be at least 35 four years if the defendant is sentenced pursuant to section 70.05 of 36 this chapter; and 37 (e) the maximum term of the indeterminate sentence or the term of the 38 determinate sentence must be at least ten years if the defendant is 39 sentenced pursuant to section 70.06 of this chapter. 40 4. Notwithstanding any other provision of law, when a person is 41 convicted of the crime of aggravated criminal concealment of identity 42 pursuant to this article and the specified offense is a class A-1 felo- 43 ny, the minimum period of the indeterminate sentence shall be not less 44 than twenty years. 45 § 2. This act shall take effect immediately.