Bill Text: VA HB1782 | 2021 | Regular Session | Prefiled
Bill Title: Wearing masks during commission of a crime or acts of intimidation or harassment; penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-05 - Left in Courts of Justice [HB1782 Detail]
Download: Virginia-2021-HB1782-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §18.2-422 of the Code of Virginia is amended and reenacted as follows:
§18.2-422. Prohibition on wearing a mask while committing a crime or certain acts of harassment; penalty.
It shall be unlawful for any person over
16 years of age to, with the intent to conceal his
identity, wear any mask, hood, or
other device whereby a substantial portion of the face is hidden or covered so
as to conceal the identity of the wearer, to be or appear in any
public place, or upon any private property in this Commonwealth without first
having obtained from the owner or tenant thereof consent to do so in writing.
However, the provisions of this section shall not apply to persons (i) wearing
traditional holiday costumes; (ii) engaged in professions, trades, employment
or other activities and wearing protective masks which are deemed necessary for
the physical safety of the wearer or other persons; (iii) engaged in any bona
fide theatrical production or masquerade ball; or (iv) wearing a mask, hood or
other device for bona fide medical reasons upon (a) the advice of a licensed
physician or osteopath and carrying on his person an affidavit from the
physician or osteopath specifying the medical necessity for wearing the device
and the date on which the wearing of the device will no longer be necessary and
providing a brief description of the device, or (b) the declaration of a
disaster or state of emergency by the Governor in response to a public health
emergency where the emergency declaration expressly waives this section,
defines the mask appropriate for the emergency, and provides for the duration
of the waiver while committing or
attempting to commit (i) a crime or (ii) an act of intimidation or harassment
against another person where such act is motivated by racial, religious,
gender, disability, gender identity, sexual orientation, or ethnic animosity. The violation of any provisions of this section is a
Class 6 felony 1
misdemeanor.
