ALBANY, N.Y. — New York is anticipated to create a brand new prison cost to levy in opposition to individuals who put on a masks whereas committing one other crime.
The proposal is ready to be included in a sweeping state price range invoice that will probably be taken up by lawmakers within the coming days, Gov. Kathy Hochul mentioned Monday.
The measure would make it a misdemeanor for an individual to “use a masks to hide their id when committing a Class A misdemeanor or greater crime or fleeing the scene instantly after committing such against the law,” her workplace mentioned.
The transfer comes virtually a 12 months after the governor floated the thought banning masks within the New York Metropolis subway system due to what she described as concern about folks hiding their faces whereas committing antisemitic acts.
The thought drew swift pushback from critics who argued a masks ban may stifle protests if folks taking part needed to cover their identities to keep away from skilled or private repercussions. Masks have been required on New York Metropolis subways through the COVID-19 pandemic, and a few transit riders have continued overlaying their faces in an effort to guard themselves in opposition to poor air high quality underground.
Hochul, a Democrat, had admitted {that a} masks ban can be troublesome to craft and famous that it must embody exemptions for well being, cultural or spiritual causes. No laws instantly emerged on the topic.
Months later, state Sen. James Skoufis, a Democrat, launched a invoice that will have made it against the law for folks to put on face masks to harass or threaten somebody. Hochul appeared open to the senator’s strategy, however critics argued the proposal may result in subjective enforcement and the proposal didn’t make it far within the legislative course of.
The thought reemerged throughout latest negotiations over the state price range, carried new weight because the Trump administration has cracked down on worldwide college students and students who’ve criticized Israel or participated in pro-Palestinian demonstrations.
Hochul, at a press convention on Monday, mentioned the time period masks ban “was most likely an overstatement” however nonetheless claimed victory on the difficulty.
“What individuals are searching for is to not have somebody have the ability to get away with sporting a masks after they’re harming one other particular person, or committing against the law or harassing, or threatening. We bought to that, that’s precisely what this does,” she mentioned.
In an interview, Skoufis mentioned the present proposal responds to considerations about masks sporting whereas “decreasing the subjectivity that could possibly be concerned with legislation enforcement.”
The Trump administration’s latest actions influenced negotiations on the coverage, Skoufis mentioned.
“The place we landed gives no – and I imply no – further alternative or device or mechanism to ICE or federal legislation enforcement that doesn’t exist already for them right here in New York state,” he mentioned, referring to U.S. Immigration and Customs Enforcement.
Allie Bohm, senior coverage counsel on the New York Civil Liberties Union, mentioned Hochul’s preliminary masks ban proposal was “deeply unpopular” and would have endangered protestors who are actually involved with being recognized by the Trump administration.
“We have now a federal authorities that has made clear that it’s planning to focus on and is focusing on folks it disagrees with, and that very a lot consists of protestors,” Bohm mentioned.
