HB1886 HD1

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

state and federal collaboration

§ -1 Definitions. As used in this chapter:

"Federal authorities" means any federal agency or department.

"Federal law enforcement officer" means any employee of the United States government authorized to arrest a person for criminal or civil violations of federal law and who is authorized to carry a firearm in the performance of their official duties

"Immigration enforcement operation" means any operation that has as its main objective the identification or apprehension of a person or persons for purposes of civil immigration detention, removal or deportation proceedings, or criminal prosecution for offenses related to immigration status.

"Legal assistance" means legal advice or representation provided by an attorney or an individual under the direct supervision of an attorney.

"Law enforcement agency" has the same meaning as in section 139-1.

"Law enforcement officer" has the same meaning as in section 139-1.

"Personal information" means any information that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual, or a device that identifies or is linked or reasonably linkable to an individual, including geolocation.

"Public employee" means any nominated, appointed, or elected officer or employee of the State or any county, including the political subdivisions and agencies thereof, any employee under contract with the State or any county, and any probationary or provisional employee of the State or county.

§ -2 Limitation on state and federal collaboration; immigration enforcement. (a) Except as required by title 8 United States Code sections 1373(a) and 1644, or other federal or state law, no state or county departments or agencies shall assist or cooperate with immigration enforcement operations.

(b) Except as required by federal or state law, no public employee acting in their official capacity shall assist or cooperate with, or allow any time, money, facilities, property, equipment, personnel, or other resources to be used to assist, cooperate with, or facilitate any operation executed in whole or part by federal authorities or out-of-state authorities that seeks to identify, arrest, or otherwise impose:

(1) A penalty or civil or criminal liability upon a person or entity based on their engagement in activities protected by the United States Constitution or the Hawaii Constitution regarding assembly, petitioning, and speech; or

(2) A penalty upon a person for purposes of federal immigration enforcement, including an immigration enforcement operation occurring at or near a school, health facility, place of worship, or courthouse.

§ -3 Limitation on state deputization. A public employee or law enforcement officer shall not request assistance from a federal law enforcement officer for the enforcement of state laws regarding check points or screenings and motor vehicle traffic stops.

§ -4 Agreements for criminal law enforcement. (a) If a law enforcement agency enters into an agreement with federal authorities for the purpose of criminal law enforcement, the agreement shall be in writing and shall not authorize the participation of federal law enforcement officers or law enforcement authorities in checkpoints, screenings, or motor vehicle traffic stops conducted at the direction, or with the assistance, of a law enforcement agency or law enforcement officer.

(b) Any agreement under subsection (a) shall not exceed two years and shall include a requirement for the training of involved federal law enforcement officers on state constitutional and statutory civil rights protections. Any agreement shall be subject to review and approval by the attorney general.

§ -5 Task force; prohibition. (a) No public employee, law enforcement agency, or law enforcement officer shall take part in or seek to enter an agreement with federal authorities or out-of-state authorities for the purposes of collecting personal information, providing assistance with surveillance, investigations, or prosecution or an immigration enforcement operation, including a joint federal-state operation such as a federal Department of Homeland Security task force, fusion center, or joint terrorism task force, if the public employee, law enforcement agency, or law enforcement officer has reason to believe the agreement would result in:

(1) Conduct that amounts to a violation of individual liberties and rights guaranteed under the United States Constitution or Hawaii State Constitution, including racial profiling, unlawful surveillance or investigation, excessive use of force, or unlawful detention;

(2) Conduct that seeks to identify, apprehend, arrest, or impose civil or criminal liability or other penalties upon a person or entity for:

(A) Engaging in protected activities including assembly, petitioning, and speech;

(B) The provision of humanitarian assistance, legal assistance, or other aid to benefit an individual;

(D) Offenses related to immigration status; or

(E) Nonfederal misdemeanors and violations, including motor vehicle offenses and traffic violations; or

(3) An attempt to obtain data from a law enforcement agency, conduct surveillance, or investigate domestic terrorism and organized political violence in furtherance of the objectives of National Security Presidential Memorandum-7.

(b) Prior to the renewal or establishment of a new agreement, the law enforcement agency shall seek and receive written approval from the attorney general that the agreement is in compliance with applicable state laws.

§ -6 Penalties. Any person who violates this chapter shall be guilty of a misdemeanor and upon conviction, the person shall be fined no more than $2,000 or imprisoned no more than one year, or both."

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

"§139- Identification requirements; face coverings. (a) No law enforcement officer or federal law enforcement officer shall intentionally obscure or conceal the officer's identity while engaged in any official duty or public interaction by wearing a mask, face covering, or other article that covers or obscures the face in a manner that prevents or interferes with the identification of the officer.

(b) Every law enforcement officer and federal law enforcement officer engaging in official duties in a public setting shall display a visible form of identification on the outermost garment of the officer's uniform. The identification shall include the officer's name, agency, and unique badge number.

(1) Establish and maintain written policies that are available to the public to ensure compliance with this section; and

(2) Ensure that all law enforcement officers receive training on the requirements of this section.

(d) Law enforcement agencies shall provide identification numbers or badges in a manner consistent with law enforcement officer safety; provided that the identifying information remains visible and usable to members of the public during any public interaction.

(e) Subsections (a) and (b) shall not apply:

(1) In situations where a law enforcement officer or federal law enforcement officer is engaged in an active tactical operation, including special weapons and tactics team responses or high‑risk warrant service, where facial coverings are necessary for ballistic, respiratory, or operational safety;

(2) When the law enforcement officer or federal law enforcement officer is acting in an undercover operation authorized by supervising personnel or court order and disclosure of identity would jeopardize the safety of the officer or the integrity of the operation; or

(3) When the use of protective equipment is required due to hazardous environmental conditions, including smoke, debris, biohazards, or other conditions where respiratory or facial protection is necessary.

(f) As used in this section, "federal law enforcement officer" has the same meaning as in section -1."

SECTION 3. 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- Facial coverings and visible identification for law enforcement officers. (1) Except as expressly authorized in this section:

(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; and

(b) Each law enforcement 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 outermost 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.

(2) This section shall not apply to an officer:

(a) Subject to one or more of the exemptions set forth in section 139- (e);

(b) Assigned to a special weapons and tactics team unit while actively performing special weapons and tactics responsibilities; or

(c) Acting in the officer's capacity as an employee of an agency that maintains and publicly posts on its website a written policy pursuant to section 139- (c)(1).

(3) Violation of this section is a petty misdemeanor for the first offense and a misdemeanor for the second or subsequent offense.

(4) Notwithstanding any other law to the contrary, a person who is found to have committed an assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution, while wearing a facial covering or failing to comply with visible identification requirements in violation of this section shall not be entitled to assert any privilege or immunity for the tortious conduct against a claim of civil liability and shall be liable for the greater of actual damages or statutory damages of at least $10,000, whichever is greater.

(5) For the purposes of this section:

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

(a) A translucent face shield or clear mask that does not conceal the wearer's facial identity and is used in compliance with the employing agency's policy and procedures pursuant to section 139-A;

(b) An N95 medical mask or surgical mask to protect against transmission of disease or infection or any other mask, helmet, or a device, including an air-purifying respirator, full or half mask, or self-contained breathing apparatus necessary to protect against exposure to any toxin, gas, smoke, inclement weather, or any other hazardous or harmful environmental condition;

(d) A motorcycle helmet when worn by an officer while in the performance of their duties and utilizing a motorcycle or other vehicle that requires a helmet for safe operations; or

(e) Eyewear necessary to protect from the use of retinal weapons, including lasers;

provided that the identification required under this section is still visible.

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

"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.

§710- Unauthorized civil immigration interrogation, arrest, or detention. (1) A person commits the offense of unauthorized civil immigration interrogation, 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 interrogating, arresting, or detaining another person for the purpose of determining or enforcing the person's civil immigration status when the law enforcement officer lacks reasonable suspicion, based on specific and articulable facts, that the person is unlawfully present in the United States.

(2) It shall be an affirmative defense that the law enforcement officer's conduct consisted solely of:

(a) A stop, detention, or arrest supported by reasonable suspicion or probable cause for a violation of state law or county ordinance, including detention incident to a lawful arrest; provided that the law enforcement officer did not initiate or prolong the stop, detention, or arrest for the purpose described in subsection (1); or

(b) Compliance with a valid judicial warrant or court order.

(3) Unauthorized civil immigration interrogation, arrest, or detention is a class C felony.

(4) For 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.

"Interrogate" means to question a person in a manner reasonably intended to elicit information regarding the person's citizenship or civil immigration status, including requesting immigration documentation, for the purpose of determining or enforcing civil immigration status.

"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 or the Constitution of the State of Hawaii."

SECTION 4. 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 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	1886
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII