Crimes: other; request for identification from an individual wearing a mask or face covering device; allow. Amends sec. 396 of 1931 PA 328 (MCL 750.396).
Summary
House Bill 4680 would amend Michigan’s penal code to expand the state’s mask-related criminal provisions. Under current law, the bill would make it a misdemeanor to intentionally conceal one’s identity with a mask or similar face covering for the purpose of facilitating a crime, punishable by up to 93 days in jail, a $500 fine, or both.
The bill also authorizes a law enforcement officer to stop an individual wearing a mask or face covering and request that the person remove it and provide identification, or otherwise disclose identity, if the officer believes the mask is being used to conceal identity with intent to threaten, intimidate, injure, or oppress another person or group, or if the person is wearing the mask while violating a state law or local ordinance. Refusal to comply with that request would be a misdemeanor punishable by up to one year in jail, a $2,500 fine, or both. The act would take effect 90 days after enactment.
Impact
HB 4680 would amend section 396 of the Michigan Penal Code (MCL 750.396), adding a new police stop-and-identify authority tied to mask use and expanding criminal penalties for noncompliance. It would affect individuals wearing masks or other face coverings in circumstances involving alleged intimidation, oppression, or other legal violations, and would create additional misdemeanor exposure for refusing an officer’s request to remove a mask and identify oneself.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of legislative debate or formal support/opposition in the available record. Based on the bill text and caption, the measure appears to be framed as a public-safety and law-enforcement tool, but it also raises civil-liberties concerns because it authorizes police to stop masked individuals and demand identification under broad circumstances.
Contention
The main point of contention is the scope of police authority to stop someone based on wearing a mask or face covering and the breadth of the triggering conditions, especially the clause covering anyone wearing a mask while violating any state law or local ordinance. Supporters would likely emphasize preventing intimidation, concealment, and crime; opponents would likely focus on potential overbreadth, discretionary enforcement, and impacts on lawful mask use for health, religious, protest, or privacy reasons.
Law enforcement: other; law enforcement officer use of facial coverings or disguises in certain circumstances; prohibit, and require appropriate identification. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 396a.
Law enforcement: other; use of certain masks or disguises by law enforcement; prohibit in certain circumstances and require certain uniforms. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 396a.
Weapons: other; exceptions to use of portable device or weapon directing electrical current, impulse, wave, or beam; modify. Amends sec. 224a of 1931 PA 328 (MCL 750.224a).
Criminal procedure: arrests; required removal of religious head coverings for police photographs; prohibit. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 25c to ch. IV.
Mental health: guardians; appointing certain guardians after considering least restrictive means; require. Amends sec. 602 of 1974 PA 258 (MCL 330.1602).
Employment security: benefits; disqualification from receiving benefits when leaving employment; create exception for victim of stalking. Amends secs. 29 & 29a of 1936 (Ex Sess) PA 1 (MCL 421.29 & 421.29a).