SB2179

SECTION 1. The legislature finds that recently, federal law enforcement agents across the country have been documented using masks to completely hide their faces while carrying out deportation and other law enforcement activities. The legislature believes that the public identification of law enforcement officers is a constitutional and democratic necessity and essential to oversight, redress, and to prevent the abuse of power. Anonymous policing undermines core rights protected by the Hawaii State Constitution including due process, equal protection, and freedom from unreasonable searches and seizures. The State's multicultural population, including long-standing immigrant communities and residents from nations with histories of political repression, rely on transparent and accountable law enforcement to feel safe, secure, and protected. The rise in aggressive federal immigration enforcement actions conducted by agents concealing their status as legitimate law enforcement officers, often against persons with no criminal history, raises profound ethical, moral, and constitutional concerns.

The legislature further finds that the Hawaii State Constitution affords the State broad authority to protect the privacy, liberty, and safety of its residents, including immigrant residents, so long as these protections do not directly conflict with federal law. The intent of this Act is not to obstruct legitimate federal law enforcement activity, but rather to ensure that all officers at the federal, state, or county level operating within the State identify themselves in a manner consistent with fundamental constitutional norms and ensure that state and county law enforcement agencies do not facilitate unconstitutional or unethical enforcement actions against the State's residents.

Accordingly, the purpose of this Act is to:

(1) By January 1, 2027, require all law enforcement agencies in the State to maintain a policy on the visible identification of law enforcement officers;

(2) Require law enforcement agencies to maintain confidential, accurate records documenting each officer's adherence to the agency's visible identification policy;

(3) Prohibit state and county law enforcement agencies from assisting any law enforcement operation conducted by a federal law enforcement agency that fails or refuses to maintain a policy on the visible identification of law enforcement officers that meets the standards of state law; and

(4) By January 1, 2027, require state and county law enforcement agencies to maintain a policy on the minimum requirements to cooperate with a federal law enforcement agency enforcing federal immigration laws in the State.

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 Law enforcement policies; visible identification and records. (a) By January 1, 2027, any law enforcement agency operating in the State shall establish and maintain a policy on the visible identification of law enforcement officers. The policy shall include, at a minimum, the following:

(1) A requirement that all law enforcement officers:

(A) Display visible identification during any official duty involving interactions with civilians, including patrol, crowd management, investigative activity, or execution of warrants; and

(B) Upon request, verbally provide identification including the officer's name, rank, and employing law enforcement agency;

(2) A prohibition against law enforcement officers' use of masks or personal disguises while interacting with the public in the performance of the officers' duties; and

(3) Penalties for officers who violate the agency's policy on the visible identification of law enforcement officers that includes policies on discipline, suspension, and termination of employment.

(b) By January 1, 2027, each law enforcement agency shall maintain accurate records documenting each officer's adherence to the visible identification policy established pursuant to subsection (a). Records maintained pursuant to this subsection shall remain confidential and may only be accessible for legal, judicial, or oversight purposes; provided that each agency shall make the records available upon request to the attorney general, county police commissions created pursuant to section 52D-1, and any court of competent jurisdiction in the State.

"Law enforcement officer" includes any individual authorized by the federal government to detain, arrest, execute warrants, conduct investigations, or otherwise exercise police powers in the State.

"Mask or personal disguise" means any face covering that obscures the identity of an officer. "Mask or personal disguise" does not include standard personal protective equipment for health reasons and any equipment expressly authorized for officer safety in an ongoing, contemporaneous, and documented tactical operation.

"Visible identification" means a clearly legible badge number or identification number displayed on the outermost garment and a visible agency name or insignia.

§139-B Law enforcement policies; visible identification and records; applicability to federal law enforcement agencies. (a) Any federal law enforcement agency employing a law enforcement officer in the State shall comply with the law enforcement identification policy requirements of section 139-A.

(b) State and county law enforcement agencies, departments, and officers shall not assist, authorize, participate in, or facilitate any law enforcement operation conducted by a federal law enforcement agency that fails or refuses to comply with the law enforcement identification policy requirements of section 139-A.

(c) This section shall not be construed to prohibit or interfere with lawful federal law enforcement activity conducted pursuant to valid federal authority; provided that the State shall retain the authority, consistent with its police powers and article I of the Hawaii State Constitution, to regulate the manner in which law enforcement activities are conducted within its territorial jurisdiction, including the requirement that all officers identify themselves openly and visibly.

(d) For the purposes of this section, "federal law enforcement agency" means any federal agency authorized to exercise law enforcement or police powers in the State.

§139-C Law enforcement policies; cooperation with federal immigration enforcement; judicial warrant requirement. (a) By January 1, 2027, any law enforcement agency operating in the State shall maintain a policy on the minimum requirements to cooperate with a federal law enforcement agency enforcing federal immigration laws in the State. The policy shall include, at a minimum, the following:

(1) A prohibition against honoring, executing, enforcing, or complying with any federal immigration detainer, administrative warrant, or information request unless the detainer, administrative warrant, or information request is:

(A) Accompanied by a judicial warrant issued by a federal district court; and

(B) Supported by a written assurance that the individual is sought for conduct constituting a criminal offense under federal or state law; and

(2) A prohibition against participating in federal immigration enforcement operations that target an individual solely based on the individual's immigration status and absent any criminal conduct.

(b) This section shall not prevent:

(1) The lawful execution of judicial criminal warrants;

(2) Compliance with valid federal subpoenas; or

(3) Cooperation necessary to address threats to national security, armed terrorism, or violent criminal offenses."

SECTION 3. 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 4. In codifying the new sections added by section 2 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 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2179
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII