SB 1004: Law enforcement: masks.

7289.

(a) By January 1, 2027, a law enforcement agency operating in California shall maintain and publicly post a written policy regarding the use of facial coverings.

(b) The policy shall include, but not be limited to, each of the following:

(1) A purpose statement affirming the agency’s commitment to all of the following:

(A) Transparency, accountability, and public trust.

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

(C) The principle that generalized and undifferentiated fear and apprehension about officer safety shall not be sufficient to justify the use of facial coverings.

(2) A requirement that all sworn personnel not use a facial covering when performing their duties.

(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.

(C) Applicable law governing occupational health and safety.

(D) Protection of identity during prosecution, including immediately before and after appearances.

(E) Applicable law governing reasonable accommodations.

(F) Surveillance operations related to enforcement of the Fish and Game Code or regulations adopted pursuant to the Fish and Game Code, or a federal agency or officer conducting surveillance operations pursuant to similar federal law.

(4) Opaque facial coverings shall only be used when no other reasonable alternative exists and the necessity is documented.

(5) Pursuant to the policy, a supervisor shall not knowingly allow a peace officer under their supervision to violate state law or agency policy limiting the use of a facial covering.

(c) A policy adopted pursuant to this section shall be deemed consistent with Section 185.5 of the Penal Code unless a verified written challenge to its legality is submitted to the head of the agency by a member of the public, an oversight body, or a local governing authority, at which time the agency shall be afforded 90 days to correct any deficiencies in the policy. If, after 90 days, the agency has failed to adequately address the complaint, the complaining party may proceed to a court of competent jurisdiction for a judicial determination of the agency’s exemption pursuant to subdivision (f) of Section 185.5 of the Penal Code. The agency’s policy and its employees’ exemptions shall remain in effect unless a court rules the agency’s policy is not in compliance with subdivision (f) of Section 185.5 of the Penal Code and all potential appeals to higher courts have been exhausted by the agency.

(d) For the purposes of this section, the following terms have the following meanings:

(1) “Facial covering” has the same meaning as in subdivision (b) of Section 185.5 of the Penal Code.

(2) “Law enforcement agency” means any of the following:

(A) Any entity of a city, county, or other local agency, that employs a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.

(B) A state entity that employs a peace officer described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.

(C) Any law enforcement agency of another state.

(D) Any federal law enforcement agency.

185.5.

(a) A law enforcement officer shall not wear a facial covering that conceals or obscures their facial identity in the performance of their duties, except as expressly authorized in this section.

(b) (1) For 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, but not limited to, a balaclava, tactical mask, gator, ski mask, and any similar type of facial covering or face-shielding item.

(2) A “facial covering” does not include any of the following, unless the following are combined in a manner intended to conceal or obscure an officer’s identity:

(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 in Section 7289 of the Government Code.

(B) A helmet with a clear face shield or visor that does not conceal the officer’s face, if the equipment is worn solely for safety purposes and not for the purpose of concealing an officer’s identity.

(C) A N95 medical mask or surgical mask to protect against transmission of disease or infection or any other mask, helmet, or device, including, but not limited to, air-purifying respirators, full or half masks, 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 mask, helmet, or device, including, but not limited to, a self-contained breathing apparatus, necessary for underwater use.

(E) A helmet when worn by an officer utilizing a motorcycle or other vehicle that requires a helmet for safe operations while in the performance of their duties, including after the officer has dismounted the motorcycle or other vehicle, if they reasonably intend to utilize the motorcycle or other vehicle again imminently.

(F) Eyewear necessary to protect from the use of retinal weapons, including, but not limited to, lasers.

(G) Sunglasses.

(H) A helmet, protective mask, or other head or face protection required during academy or in-service training activities, only for the duration of the training activity, and provided the equipment is worn solely for safety purposes and not for the purpose of concealing identity.

(3) For purposes of this section, “opaque” includes, but is not limited to, dark-tinted, mirrored, smoked, or reflective materials that substantially obscure or distort facial visibility.

(c) A willful and knowing violation of this section is punishable as an infraction or a misdemeanor.

(d) For the purposes of this section, “law enforcement officer” means a peace officer, as defined in Section 830, employed by a state agency or a city, county, or other local agency as well as any officer or agent of a federal law enforcement agency or any law enforcement agency of another state or any person acting on behalf of a federal law enforcement agency or law enforcement agency of another state.

(e) The criminal penalties in this section shall not apply to any law enforcement officer if they were acting in their capacity as an employee of the agency and the agency maintains and publicly posts, no later than January 1, 2027, a written policy pursuant to Section 7289 of the Government Code.

(f) (1) Any person who is found liable for false imprisonment or false arrest shall be liable for statutory damages of not less than ten thousand dollars ($10,000), or actual damages, whichever is greater, if the trier of fact further finds, at the time of the conduct giving rise to liability, that the person knowingly and willfully concealed their identity through the use of a facial covering.

(2) Nothing in this section shall be construed to abrogate any privilege, justification, or defense based on lawful authority, including Section 836 or 836.5, or a defense that an arrest was lawful because it was made in obedience to a warrant that appeared valid on its face, reasonably appeared to authorize the arrest, and reasonably appeared to identify or describe the person arrested. This subdivision does not preserve or incorporate any immunity from civil liability or no cause of action provisions.

(g) This section does not apply to either of the following:

(1) An officer subject to one or more of the exemptions set forth in paragraph (3) of subdivision (b) of Section 7289 of the Government Code.

(2) An officer assigned to Special Weapons and Tactics (SWAT) team units while actively performing their SWAT responsibilities.