New bill proposes increased penalties for committing felonies in disguise

COLUMBUS, Ohio (WCMH) -- A new bill has to do with increasing penalties for people who commit felonies while wearing a mask or some sort of disguise.

“I had to defend people before who were accused of committing murders while having masks and trying to conceal their identity,” Representative Josh Williams (R-Sylvania) said. “And large groups of individuals engaging in disorderly conduct, property destruction and assaults on individuals while wearing masks.”

House Bill 639 is sponsored by Rep. Williams, who is also a defense attorney. The bill would add an escalation of the offense of aggravated riot when the offender is wearing a face covering.

“It's already a criminal offense to engage in aggravated riot. What we're attempting to do is add additional escalation of that offense,” he said. “What we're attempting to do is add additional escalation of that offense from a (felony of the fifth degree) to (felony of the fourth degree) if individual wears a mask or disguise while committing that act.”

Williams said this bill adds an escalation to an offense in the same way that other state laws already do.

“There is no escalation or increased specification if you try to cover your face," he said. "So, there should be right? Just like if you use a firearm in the commission of that offense, that's a that's a specification."

Williams said this has nothing to do with legal protests, only criminal conduct. He said this is about ensuring that officials have the ability to identify offenders and enforce Ohio’s laws.

“We're not going to let individuals use COVID masks that were intended to protect the safety of the community as a way of disguising their identity and avoid criminal prosecution,” he said.

Williams said we have already seen examples of masked disorderly conduct across the state.

“Everything from right wing Nazi sympathizers protesting wearing masks," he said. "During the last presidential election, we saw fights break out between supporters of Trump and ANTIFA, both groups wearing masks while they're hitting each other over the head with pipes.”

Williams said the introduction of this bill is partially a reaction to an increase of crime in his district where the offenders wear masks, and partially proactive.

“In anticipation of our presidential election, hoping that no political violence breaks out. Seeing the protests that have been going on, even on student campuses where you have students physically assaulting other students, trying to restrict them from having access to campuses,” he said. “These are all concerns that we have in the state of Ohio.”

The bill was just introduced two days ago. NBC4 did also reach out to the Ohio Prosecuting Attorneys Association. They said they currently have no position on the legislation and are still reviewing it.