SB3322 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, Hawaii 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 require 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 interrogation, 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) Notice that opaque facial coverings shall only be used when no other reasonable alternative exists, and the necessity is documented; provided that the identification required under this policy is still visible;

(5) Notice that, pursuant to the policy, a supervisor shall not knowingly allow a law enforcement officer under their supervision to violate state law or agency policy regarding the use of a facial covering or 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" includes any federal agency 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.

§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) Civil immigration enforcement activity involving state or county participation or facilities shall proceed only on the basis of documented, reviewable legal authority that prioritizes due process and judicial oversight;

(2) Civil immigration enforcement activity involving state or county participation shall not be conducted at schools or early-learning sites, health facilities, emergency or domestic violence shelters, courthouses, or places of worship, except in compliance with narrowly tailored procedures for unavoidable civil immigration actions;

(3) State and county agencies shall adopt clear limits on the collection, retention, and sharing of immigration‑related personal data except as required by law, and any interagency data exchanges shall operate under auditable agreements;

(4) Each state or county agency shall periodically report and make publicly available aggregate data on civil immigration requests to or from the agency;

(5) Immigration-based threats or verification abuse shall be treated as prohibited retaliation in workplaces and public services pursuant to state and federal law; and

(6) When notified of United States Immigration and Customs Enforcement activity, each state and county law enforcement agency shall require nearby personnel to use body cameras to monitor the United States Immigration and Customs Enforcement agents' interactions with the public.

"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 civil immigration enforcement activity involving state or county participation or facilities shall proceed only on the basis of documented, reviewable legal authority that prioritizes due process and judicial oversight.

(b) Civil immigration enforcement activity involving state or county participation shall not be conducted at schools, early‑learning sites, health care facilities, emergency or domestic violence shelters, courthouses, or places of worship.

(c) No employee or agent acting on behalf of these facilities shall provide voluntary consent permitting a law enforcement agent to enter a nonpublic area of the facility for the purpose, or in furtherance, of an operation executed in whole or part by federal authorities or out-of-state authorities that seeks to:

(1) Identify or impose civil or criminal liability upon a person or entity based on their participation in activities protected by the First Amendment of the United States Constitution or Hawaii State Constitution; or

(2) To identify, arrest or otherwise impose a penalty upon a person for purposes of federal immigration enforcement, including an immigration enforcement operation.

(d) This policy shall not prevent compliance with a valid judicial warrant authorizing entry or entry under exigent circumstances.

(e) The department shall assist state and county agencies in maintaining compliance with the civil immigration enforcement policy in 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 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;

(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 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 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 officer lacks reasonable suspicion, based on specific and articulable facts, that the person is unlawfully present in the United States.

(2) Unauthorized civil immigration interrogation, 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.

"Interrogate" means to question a person who is stopped, detained, or arrested 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 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.

THE SENATE	S.B. NO.	3322
THIRTY-THIRD LEGISLATURE, 2026		S.D. 2
STATE OF HAWAII