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2013 SESSION
13102180DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-422 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-422. Prohibition of wearing of masks in certain places; exceptions.
It shall be unlawful for any person over
sixteen 16
years of age while wearing any mask, hood,
or other device whereby a substantial portion of the face is hidden or covered
so as to conceal the identity of the wearer, to be or appear in any public
place, or upon any private property in this the Commonwealth without first
having obtained from the owner or tenant thereof consent to do so in writing. A violation of any this section is punishable as a
Class 6 felony.
However, the The provisions of this section
shall not apply to persons (i) wearing traditional holiday costumes; (ii)
engaged in professions, trades, employment,
or other activities and wearing protective masks which are deemed necessary for
the physical safety of the wearer or other persons,
including, during cold weather, cold
weather gear that partially covers the face; (iii) engaged
in any bona fide theatrical production or masquerade ball; or (iv) wearing a
mask, hood, or other device for bona fide
medical reasons upon (a) the advice of a licensed physician or osteopath and
carrying on his person an affidavit from the physician or osteopath specifying
the medical necessity for wearing the device and the date on which the wearing
of the device will no longer be necessary and providing a brief description of
the device, or (b) the declaration of a disaster or state of emergency by the
Governor in response to a public health emergency where the emergency
declaration expressly waives this section, defines the mask appropriate for the
emergency, and provides for the duration of the waiver. The
violation of any provisions of this section shall constitute a Class 6 felony.