AN ACT to amend and reenact section 12.1-31-15 of the North Dakota Century Code, relating to wearing a mask in a public place.
Summary
HB 1226 amends North Dakota’s existing law on wearing masks during the commission of a criminal offense. The bill keeps the current prohibitions on wearing a mask, hood, or other face-covering device to intimidate, threaten, abuse, or harass another person, or to evade identification while committing a crime or fleeing after being charged, arrested, or convicted.
The bill adds a new prohibition making it unlawful to wear a mask or similar face covering with the intent to conceal one’s identity while congregating in a public place with other masked individuals. It also creates an express exception for Halloween, masquerade events, and similar celebrations. A violation remains a class A misdemeanor.
Impact
The bill expands section 12.1-31-15 of the North Dakota Century Code by adding a new public-gathering-based mask restriction and clarifying that certain celebratory events are exempt. It broadens the circumstances under which mask wearing can be criminalized, while leaving the existing criminal penalties unchanged. The practical effect is to give law enforcement and prosecutors an additional basis to charge individuals who conceal their identity in group settings in public, subject to the bill’s stated intent requirement and event-based exceptions.
Sentiment
The bill appears to have received generally favorable support, but not without significant opposition. It passed the House and Senate with clear majorities, including a strong Senate vote, indicating broad legislative backing for the measure overall. At the same time, the House vote shows a notable minority of members opposed the bill, suggesting concern about the scope of the new restriction or its implications for lawful public expression and assembly.
Contention
The main point of contention is the new prohibition on wearing masks in public while congregating with others, which some lawmakers likely viewed as too broad or potentially affecting peaceful protest, anonymity, or other lawful gatherings. Supporters appear to have framed the bill as a public-safety and anti-intimidation measure, especially in light of criminal conduct or coordinated concealment of identity. The explicit carve-out for Halloween, masquerades, and similar celebrations suggests an effort to limit the law’s reach, but the added public-place language remains the central issue of debate.
AN ACT to amend and reenact section 29-06-15 of the North Dakota Century Code, relating to arrests without a warrant for harassing a public safety agency.