HB2540 SD2

SECTION 1. The legislature finds that law enforcement officers' use of masks and other methods to obscure individual officer identity can lead to fear, intimidation, and public distrust. To prevent these negative views of law enforcement, other jurisdictions have adopted standards to ensure that law enforcement personnel and their vehicles are clearly identifiable.

The legislature further finds that, according to the American Immigration Council, the State is home to approximately two hundred fifty-eight thousand immigrants, comprising eighteen per cent of the State's population. About thirty thousand of these foreign-born individuals are believed to be undocumented. The legislature recognizes that the State is justifiably proud of its rich immigrant heritage, which has woven many residents into a valued tapestry of races, ancestral groups, religions, cultures, and languages from people throughout the world. Accordingly, it is necessary to establish clear policies and limits on federal immigration enforcement occurring within the State. This includes upholding due process and judicial oversight standards; restricting immigration enforcement activity from occurring in sensitive places such as schools, places of worship, and health care facilities; and requiring reporting on enforcement activity and the use of personal data.

Accordingly, the purpose of this Act is to:

(1) Prohibit, with certain exceptions, the use of facial coverings; require the visible identification of law enforcement officers and their vehicles in the performance of their duties; and require state and county law enforcement agencies to adopt related policies;

(2) Establish a policy on civil immigration enforcement and status inquiries under the department of law enforcement; require state and county law enforcement agencies to establish their own policies; and authorize the department to assist with compliance; and

(3) Establish criminal offenses for:

(A) Use of a mask or facial covering by a law enforcement officer; and

(B) Unauthorized civil immigration arrest or detention.

SECTION 2. Chapter 139, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"§139-A Facial coverings; visible identification; marking of vehicles; written policy. (a) By July 1, 2027, each law enforcement agency operating in the State shall establish and publicly post on the agency's website a written policy regarding the use of facial coverings, visibility of badges, and the conspicuous marking of law enforcement vehicles.

(b) The policy shall include:

(1) A purpose statement affirming the agency's commitment to:

(A) Transparency, accountability, and public trust;

(B) Restricting the use of facial coverings to specific, clearly defined, and limited circumstances; and

(C) The principle that generalized and undifferentiated fear and apprehension about law enforcement officer safety shall not be sufficient to justify the use of facial coverings or the concealment of badges;

(2) A requirement that:

(A) No law enforcement officer shall wear a facial covering that conceals or obscures the law enforcement officer's facial identity while the officer is performing official duties;

(B) Each law enforcement officer, except for a plainclothes officer, at all times while on duty, shall wear identification displayed in a manner that is clearly visible and readable during direct engagement with the public; displayed on the outmost garment or gear; not obscured by tactical equipment, body armor, or accessories; and that shall include:

(i) The full name or widely recognized initials of the officer's employing agency; and

(ii) The officer's last name or unique badge or identification number; and

(C) Each vehicle used in immigration enforcement operations shall bear conspicuous markings identifying the law enforcement agency to which the vehicle belongs;

(3) A list of narrowly tailored exemptions for the following:

(A) Active undercover operations or assignments authorized by supervising personnel or court order;

(B) Tactical operations where protective gear is required for physical safety;

(D) Protection of identity during prosecution;

(E) Applicable law governing reasonable accommodations; and

(F) Plainclothes officers, as designated by the officer's agency; provided that no plainclothes officer shall wear a facial covering that conceals or obscures the plainclothes officer's facial identity while the officer performs official duties; provided further that a plainclothes officer may wear a mask when the officer is within eyesight of another officer from the same agency who is unmasked while the masked plainclothes officer performs official duties;

(4) A requirement that an opaque facial covering may be used only when:

(A) No other reasonable alternative exists;

(B) The necessity is documented contemporaneously or as soon as practicable thereafter; and

(C) The identification required under this policy remains visible unless an express exemption under paragraph (3) applies to the identification requirement;

(5) A requirement that no supervisor shall knowingly allow a law enforcement officer under the supervisor's command to violate state law or agency policy regarding the use of a facial covering or the display of identification on the officer or vehicle; and

(6) Appropriate penalties.

"Facial covering" has the same meaning as defined in section 710‑A.

"Law enforcement agency" means any county police department, the department of law enforcement, the department of the attorney general, the division of conservation and resources enforcement of the department of land and natural resources, any other state or county public body that employs law enforcement officers, and any federal law enforcement agency.

"Law enforcement officer" means any officer of a local, state, or federal law enforcement agency, or any person acting on behalf of a local, state, or federal law enforcement agency.

§139-B Civil immigration enforcement; written policy. (a) By July 1, 2027, each law enforcement agency operating in the State shall establish and publicly post on its website a written policy regarding civil immigration enforcement in the State.

(b) The policy shall provide that:

(1) No state or county law enforcement agency shall participate in civil immigration enforcement activity unless required by state or federal law or pursuant to a judicial warrant or court order;

(2) Absent a judicial warrant, no state or county participation in civil immigration enforcement activity shall occur at schools or early‑learning sites, health care facilities, emergency or domestic violence shelters, courthouses, or places of worship;

(3) State and county agencies shall adopt written limits on the collection, retention, and sharing of immigration‑related personal data except as required by state or federal law; provided that nothing in this paragraph shall be construed to prohibit conduct authorized by title 8 United States Code sections 1373 and 1644;

(4) Each state or county agency shall periodically publish aggregate data on civil immigration requests made to or by the agency; and

(5) Each state and county law enforcement agency shall adopt body-worn camera procedures for documenting interactions with federal immigration authorities when agency personnel are present at the scene, to the extent allowed by law and departmental policy.

"Law enforcement agency" has the same meaning as defined in section 139-A.

"Law enforcement officer" has the same meaning as defined in section 139-A.

§139-C Civil immigration status inquiries; documentation; limitations. (a) Each law enforcement agency operating in the State shall include in its written policy required under section 139-B procedures governing a law enforcement officer's authority to make any inquiry into a person's civil immigration status, including the authority to ask a person about citizenship, immigration status, place of birth, or request documentation for purposes of determining civil immigration status.

(b) No law enforcement officer shall initiate or prolong a stop, detention, or arrest of a person for the purpose of determining the person's civil immigration status unless the officer has reasonable suspicion, based on specific and articulable facts, that the person is unlawfully present in the United States and the inquiry is otherwise authorized by state law and the agency's written policy.

(c) Reasonable suspicion under subsection (b) shall not be based solely on race, color, ethnicity, national origin, ancestry, language, accent, religion, manner of dress, presence in a particular location, or the exercise of rights protected by the United States Constitution or the Hawaii State Constitution.

(d) For the purposes of this section:

"Law enforcement agency" has the same meaning as defined in section 139-A.

"Law enforcement officer" has the same meaning as defined in section 139-A."

SECTION 3. Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§353C- Civil immigration enforcement policy. (a) It is the policy of the department that the department shall not participate in civil immigration enforcement activity except as required by state or federal law or pursuant to a judicial warrant or court order.

(b) The department shall adopt internal procedures consistent with subsection (a), including procedures governing requests for assistance from federal immigration authorities and requests for access to nonpublic areas of department-controlled facilities.

(d) The department may issue guidance to state and county agencies regarding best practices for compliance with this section."

SECTION 4. Chapter 710, Hawaii Revised Statutes, is amended by adding two new sections to part II to be appropriately designated and to read as follows:

"§710-A Use of a mask or facial covering by a law enforcement officer. (1) A person commits the offense of use of a mask or facial covering by a law enforcement officer if the person:

(a) Is a law enforcement officer; and

(b) Wears a mask or facial covering that conceals or obscures the person's facial identity while interacting with the public in the performance of the law enforcement officer's duties.

(2) This section shall not apply to a law enforcement officer who is:

(a) Engaged in an authorized undercover assignment or operation, or related duties in support of an undercover assignment or operation, authorized by supervising personnel or court order;

(b) Engaged in an active tactical operation where protective gear is required for physical safety;

(d) Using a facial covering to protect identity during prosecution, as authorized by law or court order; or

(e) A plainclothes officer designated by the officer's agency; provided that the officer may wear a facial covering only within the eyesight of another officer from the same agency who is unmasked while the plainclothes officer performs official duties.

(3) Use of a mask or facial covering by a law enforcement officer shall be a misdemeanor.

(4) For the purposes of this section:

"Law enforcement agency" means any county police department, the department of law enforcement, the department of the attorney general, the division of conservation and resources enforcement of the department of land and natural resources, and any federal, state, or county public body that employs law enforcement officers or other sworn personnel.

"Law enforcement officer" means any officer of a local, state, or federal law enforcement agency, or any person acting on behalf of a local, state, or federal law enforcement agency.

"Mask" or "facial covering" means any opaque mask, garment, helmet, headgear, or other item that conceals or obscures the facial identity of an individual, including but not limited to a balaclava, tactical mask, gaiter, ski mask, or similar face‑shielding item. "Mask" or "facial covering" shall not include:

(a) A medical grade mask that is surgical or an N95 respirator designed to prevent the transmission of airborne diseases;

(b) Equipment necessary for weather or underwater protection;

(d) Protective gear used by law enforcement officers necessary to safely perform official duties as a member of the specialized services division, a special weapons and tactics team, or a special response team;

(e) A face shield if the face shield does not conceal or obscure the wearer's face; and

(f) A motorcycle helmet when worn by an officer while in the performance of the officer's duties and utilizing a motorcycle or other vehicle that requires a helmet for safe operation; provided that the law enforcement officer shall remove the mask or facial covering before and after operating the motorcycle or vehicle as soon as reasonably practicable.

"Motorcycle" has the same meaning as defined in section 291C-1.

§710-B Unauthorized civil immigration arrest or detention. (1) A person commits the offense of unauthorized civil immigration arrest or detention if the person is a law enforcement officer, acting under color of law, who intentionally or knowingly acts beyond the scope of the law enforcement officer's lawful authority by initiating or prolonging a stop, detention, or arrest for the purpose of determining or enforcing the person's civil immigration status when the officer lacks reasonable suspicion, based on specific and articulable facts, that the person is unlawfully present in the United States.

(2) Unauthorized civil immigration arrest or detention is a misdemeanor.

(3) For the purposes of this section:

"Civil immigration status" means a person's status under federal immigration law that is civil in nature and not, by itself, a criminal offense under state law.

"Reasonable suspicion" shall not be based solely on race, color, ethnicity, national origin, ancestry, language, accent, religion, manner of dress, presence in a particular location, or the exercise of rights protected by the United States Constitution."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 7. In codifying the new sections added by sections 2 and 4 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 8. New statutory material is underscored.

SECTION 9. This Act shall take effect on March 22, 2075.

HOUSE OF REPRESENTATIVES	H.B. NO.	2540
THIRTY-THIRD LEGISLATURE, 2026		H.D. 2
STATE OF HAWAII		S.D. 2