S 4684: Establishes the crime of aggravated criminal concealment of identity.

  
  STATE OF NEW YORK ________________________________________________________________________ 4684 2025-2026 Regular Sessions  IN SENATE February 11, 2025 ___________ Introduced by Sens. MURRAY, BORRELLO, CANZONERI-FITZPATRICK, GRIFFO, OBERACKER, RHOADS, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09077-01-5 
 S. 4684 2 1 (strangulation in the second degree); section 121.13 (strangulation in 2 the first degree); subdivision one of section 125.15 (manslaughter in 3 the second degree); subdivision one, two or four of section 125.20 4 (manslaughter in the first degree); section 125.25 (murder in the second 5 degree); section 125.26 (aggravated murder); section 125.27 (murder in 6 the first degree); section 120.45 (stalking in the fourth degree); 7 section 120.50 (stalking in the third degree); section 120.55 (stalking 8 in the second degree); section 120.60 (stalking in the first degree); 9 section 130.20 (sexual misconduct); section 130.25 (rape in the third 10 degree); section 130.30 (rape in the second degree); section 130.35 11 (rape in the first degree); former section 130.40; former section 12 130.45; former section 130.50; section 130.52 (forcible touching); 13 section 130.53 (persistent sexual abuse); section 130.55 (sexual abuse 14 in the third degree); section 130.60 (sexual abuse in the second 15 degree); section 130.65 (sexual abuse in the first degree); section 16 130.65-a (aggravated sexual abuse in the fourth degree); section 130.66 17 (aggravated sexual abuse in the third degree); section 130.67 (aggra- 18 vated sexual abuse in the second degree); section 130.70 (aggravated 19 sexual abuse in the first degree); section 135.05 (unlawful imprisonment 20 in the second degree); section 135.10 (unlawful imprisonment in the 21 first degree); section 135.20 (kidnapping in the second degree); section 22 135.25 (kidnapping in the first degree); section 135.60 (coercion in the 23 third degree); section 135.61 (coercion in the second degree); section 24 135.65 (coercion in the first degree); section 140.10 (criminal trespass 25 in the third degree); section 140.15 (criminal trespass in the second 26 degree); section 140.17 (criminal trespass in the first degree); section 27 140.20 (burglary in the third degree); section 140.25 (burglary in the 28 second degree); section 140.30 (burglary in the first degree); section 29 145.00 (criminal mischief in the fourth degree); section 145.05 (crimi- 30 nal mischief in the third degree); section 145.10 (criminal mischief in 31 the second degree); section 145.12 (criminal mischief in the first 32 degree); section 150.05 (arson in the fourth degree); section 150.10 33 (arson in the third degree); section 150.15 (arson in the second 34 degree); section 150.20 (arson in the first degree); section 155.25 35 (petit larceny); section 155.30 (grand larceny in the fourth degree); 36 section 155.35 (grand larceny in the third degree); section 155.40 37 (grand larceny in the second degree); section 155.42 (grand larceny in 38 the first degree); section 160.05 (robbery in the third degree); section 39 160.10 (robbery in the second degree); section 160.15 (robbery in the 40 first degree); section 230.34 (sex trafficking); section 230.34-a (sex 41 trafficking of a child); section 240.25 (harassment in the first 42 degree); subdivision one, two or four of section 240.30 (aggravated 43 harassment in the second degree); section 240.50 (falsely reporting an 44 incident in the third degree); section 240.55 (falsely reporting an 45 incident in the second degree); section 240.60 (falsely reporting an 46 incident in the first degree); subdivision one of section 265.03 (crimi- 47 nal possession of a weapon in the second degree); subdivision one of 48 section 265.04 (criminal possession of a weapon in the first degree); 49 section 490.10 (soliciting or providing support for an act of terrorism 50 in the second degree); section 490.15 (soliciting or providing support 51 for an act of terrorism in the first degree); section 490.20 (making a 52 terroristic threat); section 490.25 (crime of terrorism); section 490.30 53 (hindering prosecution of terrorism in the second degree); section 54 490.35 (hindering prosecution of terrorism in the first degree); section 55 490.37 (criminal possession of a chemical weapon or biological weapon in 56 the third degree); section 490.40 (criminal possession of a chemical 
 S. 4684 3 1 weapon or biological weapon in the second degree); section 490.45 (crim- 2 inal possession of a chemical weapon or biological weapon in the first 3 degree); section 490.47 (criminal use of a chemical weapon or biological 4 weapon in the third degree); section 490.50 (criminal use of a chemical 5 weapon or biological weapon in the second degree); section 490.55 (crim- 6 inal use of a chemical weapon or biological weapon in the first degree); 7 or any attempt or conspiracy to commit any of the foregoing offenses. 8 3. For the purposes of this section, the term "mask or face covering" 9 shall mean any face covering, face mask, face shield, or other material 10 worn whether standalone or part of another item of clothing or equipment 11 that conceals a person's identity, either partially or wholly, whereby 12 the face or voice is disguised by being masked or in any manner is 13 disguised by unusual or unnatural attire or facial alteration. 14 § 498.05 Sentencing. 15 1. When a person is convicted of the crime of aggravated criminal 16 concealment of identity pursuant to this article, and the specified 17 offense is a violent felony offense, as defined in section 70.02 of this 18 chapter, the crime of aggravated criminal concealment of identity shall 19 be deemed a violent felony offense. 20 2. When a person is convicted of the crime of aggravated criminal 21 concealment of identity pursuant to this article and the specified 22 offense is a misdemeanor or a class C, D or E felony, the crime shall be 23 deemed to be one category higher than the specified offense the defend- 24 ant committed, or one category higher than the offense level applicable 25 to the defendant's conviction for an attempt or conspiracy to commit a 26 specified offense, whichever is applicable. 27 3. Notwithstanding any other provision of law, when a person is 28 convicted of the crime of aggravated criminal concealment of identity 29 pursuant to this article and the specified offense is a class B felony: 30 (a) the maximum term of the indeterminate sentence must be at least 31 six years if the defendant is sentenced pursuant to section 70.00 of 32 this chapter; 33 (b) the term of the determinate sentence must be at least eight years 34 if the defendant is sentenced pursuant to section 70.02 of this chapter; 35 (c) the term of the determinate sentence must be at least twelve years 36 if the defendant is sentenced pursuant to section 70.04 of this chapter; 37 (d) the maximum term of the indeterminate sentence must be at least 38 four years if the defendant is sentenced pursuant to section 70.05 of 39 this chapter; and 40 (e) the maximum term of the indeterminate sentence or the term of the 41 determinate sentence must be at least ten years if the defendant is 42 sentenced pursuant to section 70.06 of this chapter. 43 4. Notwithstanding any other provision of law, when a person is 44 convicted of the crime of aggravated criminal concealment of identity 45 pursuant to this article and the specified offense is a class A-1 felo- 46 ny, the minimum period of the indeterminate sentence shall be not less 47 than twenty years. 48 § 2. This act shall take effect immediately.