HB 2007: Harsh penalties for protesters who conceal their identity

**Note: HB 2007 was signed into law following amendments that removed the most restrictive  provisions.** As originally introduced in the House, the bill made it a felony to wear any kind of disguise at a protest. The introduced bill broadly prohibited disguises, "whether partial or complete," that an individual wore at a protest, political event, or any other public event in order "to evade or escape discovery, recognition or identification." Under the introduced bill, police would have had authority to detain any individual wearing a disguise in order to verify his or her identity and determine if the person had committed a crime; violation of the disguise ban would have been a Class 6 felony, subject to one year in prison. The sponsor of the bill said it was inspired by clashes between police and protesters, some of whom were masked, outside a 2017 rally for President Trump. Following widespread criticism, the bill was comprehensively revised to a single provision that would allow courts to consider it an aggravating factor, for sentencing purposes, if an individual wore a mask or other disguise to hide their face while committing a criminal offense.

Status: enacted with improvements

Introduced 21 Nov 2017; Governor Ducey signed it 23 March 2018 but the most problematic provisions were defeated.

Issue(s): Face Covering

HB 237: Heightened penalties for street protesters and masked protesters

Increases penalties for protesters who block traffic and for masked protesters who break any law. The law makes it a Class A1 misdemeanor, punishable by up to 150 days in jail and a fine, to willfully impede traffic while participating in a demonstration on a street or highway. Second and subsequent offenses would be a Class H felony, punishable by up to 25 months in prison. Under the law, “organizers” of street protests can be held civilly liable for any injury resulting from delays caused by the obstruction of an emergency vehicle. The law does not define “organizer,” such that anyone involved in the planning of a protest might be covered, nor does it require that the “organizer” have any intent or knowledge that an emergency vehicle would be obstructed. Additionally, the law narrows the health-related exception to North Carolina’s ban on wearing masks in public, requiring that a mask worn for health or safety reasons must be a “medical or surgical grade” mask worn “to prevent[] the spread of contagious disease.” The law broadens the authority of law enforcement and third parties to require someone to remove their masks in such cases. Under the law, someone convicted of any offense, including nonviolent protest-related offenses, can face steeper punishment if they were wearing a mask or other face covering at the time, regardless of the reason for doing so. The bill’s sponsor cited recent pro-Palestine protests on college campuses, in which some protesters have worn masks.

Status: enacted

Introduced 7 May 2024; Approved by Senate 15 May 2024; Approved by House 11 June 2024; Vetoed by Governor Cooper 21 June 2024; Veto overridden 27 June 2024

Issue(s): Civil Liability, Face Covering, Traffic Interference

HB 1226: New criminal penalties for masked protesters

Creates a serious new crime that can cover peaceful protesters who choose to wear a mask. The law makes it a Class A misdemeanor, punishable by up to one year in jail and $3,000, to wear a mask “with the intent to conceal the identity” of the wearer while “congregating in a public place with other individuals wearing a mask, hood, or other device that covers, hides, or conceals any portion of the individual’s face.” The bill exempts public gatherings to celebrate “Halloween, a masquerade, or other similar celebration,” but does not include exemptions for masks worn during protests, or worn for health, religious, or other reasons. As written, the law can cover a protester wearing a mask to avoid retaliation for their political speech, if there are other individuals in the crowd also wearing a mask—for instance, a medical mask to avoid spreading or contracting a contagious disease.   

Status: enacted

Introduced 13 Jan 2025; Approved by House 10 February 2025; Approved by Senate 9 April 2025; Signed by Governor Armstrong 23 April 2025

Issue(s): Face Covering

HB 1304: New penalties for protesters who conceal their identity

Prohibits the wearing of masks, hoods, or other device that "conceals any portion" of an individual's face while committing a criminal offense, in order to avoid recognition or identification. As drafted, the offense could encompass, e.g., individuals wearing hooded clothing while participating in a protest and also committing a minor offense such as jaywalking. Under the law, commission of the offense comprises a Class A misdemeanor, punishable by up to one year in jail and a $3,000 fine. (See full text of bill here)

Status: enacted

Introduced 12 Jan 2017; Governor Burgum signed it 23 Feb 2017

Issue(s): Face Covering

SB 2972: New restrictions on campus protests

**Note: After the law was enacted, several of its provisions were challenged on First Amendment grounds and preliminarily enjoined by a district court. These include the requirement that campuses prohibit "expressive activities" between 10pm and 8am, and prohibit "expressive activities" in the last two weeks of a school term if they involve invited speakers, sound amplification, or drums.**

Requires public colleges and universities to adopt new limitations on campus protests that among other things would ban protest encampments, limit protesters’ ability to wear a mask, and restrict vigils and other demonstrations at night. Under the law—which revises Texas’s 2019 law on campus speech—all public colleges and universities in the state must have policies that among other things prohibit: a) erecting tents or otherwise “camping” on campus; b) wearing a mask or other disguise while engaging in “expressive activities” on campus with certain intent, including intent to “intimidate others;” c) engaging in “expressive activities” between 10pm and 8am; d) engaging in “expressive activities” in the last two weeks of a school term by inviting speakers or using sound amplification or drums; and e) using sound amplification while engaging in “expressive activities” during class hours if it “intimidate[s] others.” Preexisting provisions of the law define “expressive activities” broadly as “any speech or expressive conduct protected by the First Amendment,” including but not limited to assemblies, protests, speeches, carrying signs, or distributing written material. As such, colleges and universities would seemingly be required to ban all kinds of expression between 10pm and 8am, from conversations in the dining hall to someone sending a text or wearing expressive clothing. The law repeals a provision in the 2019 law that established all common outdoor areas of campus as traditional public forums where anyone could engage in First Amendment activity, and replaced it with a provision authorizing the governing boards of schools to designate select areas as public forums. 

Status: enacted

Introduced 14 Mar 2025; Approved by Senate 14 May 2025; Approved by House 28 May 2025; Signed by Governor Abbott 20 June 2025

Issue(s): Campus Protests, Face Covering, Camping