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SB 482 - Mask, Hood Concealing Identity - exceptions regarding misdemeanor
James, Donzella (35th) Thomas, Nadine (10th) Brown, Robert (26th)
Tate, Horacena (38th)
Status Summary SC: Judy HC: FR: 02/22/00 LA: 02/22/00 S - Read 1st time

First Reader Summary

A bill to be entitled an Act to amend Code Section 16-11-38 of the Official Code of Georgia Annotated, relating to the wearing of a mask, hood, or other device which conceals the identity of the wearer, so as to provide for certain additional exceptions; to repeal conflicting laws; and for other purposes.

Page Numbers: 1 2
Code Sections - 16-11-38

Senate Action House
2/22/00 Read 1st time
Version by LC Number
LC 19 4618 As Introduced

SB 482 00                                          LC 19 4618 
 
      SENATE BILL 482 
 
      By:  Senators James of the 35th, Thomas of the 10th 
           Brown of the 26th and Tate of the 38th 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 16-11-38 of the Official Code of 
  1- 2  Georgia Annotated, relating to the wearing of a mask, hood, 
  1- 3  or other device which conceals the identity of the wearer, 
  1- 4  so as to provide for certain additional exceptions; to 
  1- 5  repeal conflicting laws; and for other purposes. 
 
  1- 6       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 7                           SECTION 1. 
 
  1- 8  Code Section 16-11-38 of the Official Code of Georgia 
  1- 9  Annotated, relating to the wearing of a mask, hood, or other 
  1-10  device which conceals the identity of the wearer, is amended 
  1-11  by striking said Code section in its entirety and inserting 
  1-12  in lieu thereof the following: 
 
  1-13    "16-11-38. 
 
  1-14    (a) A person is guilty of a misdemeanor when he or she 
  1-15    wears a mask, hood, or device by which any portion of the 
  1-16    face is so hidden, concealed, or covered as to conceal the 
  1-17    identity of the wearer and is upon any public way or 
  1-18    public property or upon the private property of another 
  1-19    without the written permission of the owner or occupier of 
  1-20    the property to do so. 
 
  1-21    (b) This Code section shall not apply to: 
 
  1-22      (1) A person whose face is hidden, concealed, or covered 
  1-23      for reasons based on religious beliefs; 
 
  1-24      (1)(2) A person wearing a traditional holiday costume on 
  1-25      the occasion of the holiday; 
 
  1-26      (2)(3) A person lawfully engaged in trade and employment 
  1-27      or in a sporting activity where a mask is worn for the 
  1-28      purpose of ensuring the physical safety of the wearer, 
  1-29      or because of the nature of the occupation, trade, or 
  1-30      profession, or sporting activity; 
 
  1-31      (4) A person wearing facial covering for  medical 
  1-32      treatment; 
 
 
                                 -1- 
 
 
 
  2- 1      (3)(5) A person using a mask in a theatrical production 
  2- 2      including use in Mardi gras celebrations and masquerade 
  2- 3      balls; or 
 
  2- 4      (4)(6) A person wearing a gas mask prescribed in 
  2- 5      emergency management drills and exercises or 
  2- 6      emergencies." 
 
  2- 7                           SECTION 2. 
 
  2- 8  All laws and parts of laws in conflict with this Act are 
  2- 9  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2- 

Secretary of the Senate
Frank Eldridge, Jr., Secretary
Last Updated on 05/15/00