Gov. Hochul Strikes Deal With Lawmakers Over New Charge for Mask-Wearing Criminals

The new proposal is included in the state’s billion-dollar budget plan.

People ride on an MTA subway F train in New York City on March 11, 2022. Spencer Platt/Getty Images

New York state is set to crack down on people who wear masks to conceal their identities while committing crimes, under a proposal included in the $254 billion state budget bill that lawmakers are expected to take up in the coming days, New York Gov. Kathy Hochul’s office said on April 28.

The proposal will create a new Class B misdemeanor for individuals who “use a mask to conceal their identity when committing a Class A misdemeanor or higher crime or fleeing the scene immediately after committing such a crime,” Hochul’s office said in a statement.

In a separate statement announcing the deal with legislative leaders, Hochul said the mask proposal is part of wider efforts to drive down crime in the state and ensure dangerous criminals are held accountable.

The spending plan also includes a $357 million investment in “gun violence prevention programs,” and a $77 million investment in subway safety that will see police officers placed on every overnight subway train as well as barriers installed along platforms.

The budget also includes a provision aimed at “fixing the discovery laws to support victims and survivors, and reduce the number of cases being thrown out on technicalities,” and will see $120 million spent on funding for discovery law compliance for prosecutors and defense attorneys.

“Let me be clear: I’m not making these massive investments in police and public safety, and strengthening our laws just to watch as criminals walk free over trivial, technical issues,” Hochuk said. “Too often crime victims watch in horror as their assailants walk free, not because they’re innocent, because of procedural technicalities. It’s my job to fight for those victims—many of whom are domestic violence victims—and that’s exactly what I did.”

The mask proposal comes nearly a year after Hochul said she was considering banning masks in the city’s subway system amid what she described as concern over people attempting to hide their faces while allegedly committing anti-Semitic acts.

At the time, Hochul said she had initiated conversations with lawmakers about potential mask legislation while acknowledging the city had a problem that needed to be “dealt with.”

Backlash Over Hochul’s Mask Proposal

The proposal drew criticism from civil liberties groups, who said it could stifle the right to anonymous protest and raised concerns about its constitutionality. It also faced opposition from disability advocates, who argued that masks are necessary to prevent the spread of infections among subway users.

The American Civil Liberties Union (ACLU) urged members of the public to write to New York lawmakers and tell them that wearing a mask should not be considered a crime.

“A mask ban will do nothing to make us safer–it will just push people with disabilities further into the margins, target protestors with controversial views, and give police new reason to unfairly stop Black, Brown, and Muslim people who are already disparately surveilled and policed,” the ACLU said.

Hochul said that a mask ban would include exemptions for health, cultural, or religious reasons. It is unclear whether those exemptions will apply to the latest proposal.

Masks were compulsory on New York City subways during the COVID-19 pandemic, though the mandate was dropped in September 2022 following revised guidance from the U.S. Centers for Disease Control and Prevention. At that point, mask wearing became optional.

Hochul’s announcement was welcomed by #UnMaskHateNY, a campaign led by civil rights and faith leaders, who thanked the governor for including “masked harassment language” in the budget and called the move a “step to addressing a crisis in NY.”

“This isn’t done,” the campaign wrote in a statement on the social media platform X. “We are committed for the long haul to ensure legislation meets the moment.”