Following weeks of intense negotiations over the New York state budget, Governor Kathy Hochul has significantly scaled back her controversial proposal to introduce a new crime of "masked harassment." Instead, the governor has floated the idea of incentivizing already existing harassment or assault offenses with harsher penalties if committed while the perpetrator is wearing a mask, according to discussions this week. This comes as a move towards addressing concerns raised by progressive legislators who argued that the original proposal could lead to potential misuse against protesters concealing their identities, Gothamist reported.
The initial legislative push, spearheaded by state Sen. James Skoufis, sought to specifically criminalize the act of wearing a mask during the commission of a crime. However, the current counterproposal aims to only provide a "penalty enhancer during sentencing" for those convicted while masked, should it come to pass. "I'm supportive of this approach. I think it's a fair compromise," Skoufis told Gothamist in explaining the adjusted stance.
Despite the compromise, the outcome of the revised proposal remains unclear, as lawmakers have yet to reach an agreement. Hochul, who previously voiced her opposition to individuals using masks to threaten or intimidate, indicated over the weekend that mask restrictions weren’t among her initial set of budget priorities and suggested that the issue could be addressed outside the state budget, details Spectrum News. However, Skoufis has expressed doubts over the viability of this alternative, mentioning, "I’m less optimistic that something like this could get done outside of the budget."
As the budget discussions continue to drag, the state government has had to resort to the passing of interim measures to keep running. Among other items yet to be resolved are Hochul's proposed rebate checks and policies around involuntary commitment. "All of these fiscal questions are still open and we’re hoping to navigate them in the next week," Skoufis asserted to Spectrum News. The ongoing talks directly impact the state’s ability to manage its finances, which may factor into the final decisions on these pressing legislative matters.
Amid the policy back-and-forth, a Siena College poll released earlier indicated that 64% of surveyed voters supported criminalizing the act of concealing one’s identity with a mask while threatening or harassing someone. This public opinion, however, will now have to be tempered with the realities of the legislative process and the concerns that have emerged regarding civil liberties. Lawmakers are expected to return to Albany with the hope of bringing the protracted budget negotiations to a close, yet optimism is cautiously measured as some items continue to generate robust debate.
