THE SENATE	S.B. NO.	2203
THIRTY-THIRD LEGISLATURE, 2026		S.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO LAW ENFORCEMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that requiring law enforcement officers to be identifiable is fundamental to democratic values and promotes transparency and accountability to the public those officers serve.  However, federal agents have recently begun using facial coverings during immigration raids, which undermines public trust and leads the public to question whether the officers are legitimate law enforcement officers and not unlawful impersonators.  Prohibiting the use of face masks unless certain conditions are met will improve public trust by drawing a sharp distinction between legitimate law enforcement and the perception of secret police tactics used by federal agents under the Trump administration.

     Accordingly, the purpose of this Act is to establish the offense of use of a mask or facial covering by a law enforcement officer.

     SECTION 2.  Chapter 710, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§710-   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 conducting related duties in support of an undercover assignment or operation; or

(b) Within the eyesight of another officer from the same law enforcement agency who is unmasked.

(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" 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;

(c) A mask designed to protect against exposure to smoke during a state of emergency related to a wildfire;

(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."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on March 22, 2075.

Report Title:

Law Enforcement; Mask; Facial Covering; Prohibition; Criminal Offense; Penal Code

Description:

Establishes the offense of use of a mask or facial covering by a law enforcement officer.  Effective 3/22/2075.  (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.