Hochul, New York lawmakers agree on charge for wearing mask while committing a crime

New York Gov. Kathy Hochul, a Democrat, announced a $254 billion budget deal on Monday that includes an agreement with state lawmakers to add an extra charge for people who wear masks while committing crimes.

The additional charge could only be applied if a suspect is charged with a class A misdemeanor or more serious charges, Hochul said. Lawmakers agreed to reduce the mask penalty to a class B misdemeanor when prosecutors charge separate crimes, Politico reported.

The governor initially wanted stricter legislation to combat mask-wearing suspects, raising the issue last summer as politicians across the country addressed widespread protests against the Israel-Hamas war in Gaza.

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“It’s really trying to concentrate on people who wear a mask in regards to hiding their identity while they commit another crime,” Assembly Speaker Carl Heastie told reporters, according to Gothamist.

The extra charge also applies to people fleeing from the scene of a crime.

Hochul had wanted to create an extra penalty if someone was covering their face while threatening or harassing a group of people, a proposal that was softened ahead of the agreed bill being added to the state budget this week following concerns from Democrat lawmakers and civil liberty advocates.

The annual budget, which will not take effect until lawmakers resolve several spending decisions, would also allow hospitals to involuntarily commit mentally ill New Yorkers if patients cannot meet their basic needs, which lowers the previous standard that only allowed a person to be involuntarily committed when they posed a physical threat to themselves or others.

Other proposals in the budget include a stronger state discovery law in an effort to address recidivism and banning students’ cell phone use during the school day.

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While Hochul announced a deal for the budget on Monday, lawmakers still need to hash out spending decisions on some issues, including the funding formula for public schools and Medicaid, according to Politico.

The governor’s spending plan is set to be the highest in state history and $100 billion more than the state budget a decade ago, the outlet reported. An uptick in prison costs as well as additional health care, child care and education spending ballooned the size of the budget to $2 billion more than what she proposed in January.