Idaho Legislature – VOTE MAYBE or YES on H0685 - Disguise prohibited, crime (Posted: 02/18/26)

• Link: legislature.idaho.gov/s…

• See bill link above for current status and committee assignment

• See Idaho Insider for links where you can send group emails based on current status and committee assignment: gemstatechronicle.com/l…

Summary (ai assisted)

Grok analysis link: grok.com/share/c2hhcmQt…

H0685 prohibits use of masks or disguises during specified crimes, with sentencing enhancements, an exemption for law enforcement, and provisions for severability. (Some fiscal impact possible if sentencing enhancements are invoked.)

Prohibited Conduct

Unlawful to wear a mask or device concealing any portion of the face while committing or attempting felony crimes or misdemeanor assault, battery, indecent exposure, sexual exploitation of a child, or sexual battery.

Sentencing Enhancement

Upon conviction, additional penalty may include:

• Fine up to $2,500.

• Imprisonment up to 1 year.

• Or both.

Exemptions and Other Provisions

• Does not apply to law enforcement officers acting in their official capacity.

• Does not preclude prosecution under other laws.

Severability: Provisions are severable; invalidity of one does not affect others.

Potential Constitutional Contradictions

• May conflict with U.S. Constitution First Amendment protections for anonymous expression, if masks are deemed expressive conduct.

• No clear contradiction with Idaho Constitution identified.

Reason for Recommendation to VOTE YES (or MAYBE)

In general, we believe the penalty for a crime should be the crime itself, not what we wear while committing that crime. However, we also appreciate Rep. Bruce Skaug’s view as a former prosecuting attorney: He saw how criminals use masks to intimidate their victims and to evade capture in their crimes, including robbery, rape, riot, etc. So we’re moving toward recommending a YES vote.

Why we still have reservations: Back in the bad old days of COVID, we were REQUIRED to wear masks. Now we’re PENALIZED for wearing them, but only if committing certain crimes. (Idaho also prohibits being forced to wear masks.) That said, H0685 is far superior to H0489, the bill it replaced, as explained next.

Key Differences Between H0489 and H0685 (this bill)

Source: grok.com/share/c2hhcmQt…

Both bills amend Idaho Code by adding Section 18-915D, prohibiting masks/disguises during crimes with sentencing enhancements. Differences:

• Bill Summary: H0685 includes provisions for an exemption (law enforcement) and other applicable laws; H0489 does not.

• Prohibited Crimes (Subsection 1): H0489 applies to any criminal offense. H0685 limits to felonies or specific misdemeanors (assault, battery, indecent exposure, sexual exploitation of a child, sexual battery).

• Enhancement Language (Subsection 2): H0489 uses "shall" (mandatory enhancement). H0685 uses "may" (discretionary).

• Law Enforcement Exemption: H0685 adds subsection (3) exempting officers in duty; H0489 lacks this.

• Other Laws Clause: H0685 adds subsection (4) not precluding other prosecutions/penalties; H0489's subsection (3) is similar but shorter.

• Additional difference (our note): H0685 also omits the word “hood” in the specified face coverings, which could reduce the objection that a person may be wearing a hood (or hoodie) to stay warm or dry in bad weather.

Because H0685 is such a significant improvement over its overly harsh predecessor (H0489), we recommend a MAYBE or even a YES vote.

Related

• Idaho Legislature — VOTE NO on H0489 – Mask, disguise prohibited (Updated: 01/21/26): substack.com/@bige47/no…

• H0489 – Mask, disguise prohibited: legislature.idaho.gov/s…

• Idaho Freedom Foundation: House Bill 489 — Mask, disguise prohibited (-1): idahofreedom.org/house-…

• Idaho Legislature 2026 Bills to Support or Oppose: tinyurl.com/yc2jpkeh