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SB-194 Crime: masks and disguises.(2019-2020)

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Date Published: 01/31/2019 09:00 PM
SB194:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 194


Introduced by Senator Nielsen

January 31, 2019


An act to amend Section 185 of, and to add Section 626.5 to, the Penal Code, relating to crime.


LEGISLATIVE COUNSEL'S DIGEST


SB 194, as introduced, Nielsen. Crime: masks and disguises.
Existing law makes it a misdemeanor to wear a mask, false whiskers, or any personal disguise, as specified, with the purpose of evading or escaping discovery, recognition, or identification while committing a public offense, or for concealment, flight, evasion, or escape from arrest or conviction for any public offense.
This bill would make technical, nonsubstantive changes to these provisions, and would delete false whiskers from the list of identity-concealing items.
Existing law authorizes the chief administrative officer of an educational campus or facility, as specified, or their designee to withdraw a person’s consent to remain at the campus or facility when there is reasonable belief that the person has willfully disrupted the orderly operation of the campus or facility. Under existing law, a person who willfully and knowingly enters or remains at a campus or facility while consent is withdrawn is guilty of a misdemeanor.
This bill would make it a misdemeanor to fail to remove a mask or personal disguise at the demand of a law enforcement officer or public safety official, as specified, while in a public space of a campus or other facility of a community college, California State University, University of California, or public school, as defined, if the officer or official has a reasonable suspicion that the individual has been or is currently involved in a crime. By creating a new crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 185 of the Penal Code is amended to read:
[185.]

Section One Hundred and Eighty-five. It shall be

185.
 (a) It is unlawful for any person to wear any mask, false whiskers, a mask or any personal disguise (whether disguise, whether complete or partial) partial, for the purpose of:

One—Evading

(1) Evading or escaping discovery, recognition, or identification in the commission of any public offense.

Two—Concealment,

(2) Concealment, flight, or escape, when charged with, arrested for, or convicted of, any public offense. Any
(b) A person violating any of the provisions of who violates this section shall be deemed is guilty of a misdemeanor.

SEC. 2.

 Section 626.5 is added to the Penal Code, to read:

626.5.
 (a) A federal, state, or local law enforcement officer or campus or facility public safety official may require a person to remove a mask or personal disguise, whether complete or partial, to identify the person if the person is in a public space of a campus or other facility of a community college, a state university, the University of California, or a public school and the officer or official has a reasonable suspicion that the individual has been or is currently involved in a crime.
(b) A person who fails to comply with the demand made pursuant to subdivision (a) has willfully disrupted the orderly operation of a campus or facility and is guilty of a misdemeanor.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.