Law enforcement: masks.
SB 1004
California Bills
20250SB__100496AMD INTRODUCED 2026-02-09 AMENDED_SENATE 2026-04-16 AMENDED_SENATE 2026-05-14 AMENDED_ASSEMBLY 2026-06-25 2025 SB AMD Introduced by Senators Wiener, Arreguín, Pérez, and Wahab (Principal coauthors: Assembly Members Bryan, Carrillo, Garcia, and Schultz) (Coauthors: Senators Gonzalez, McNerney, Menjivar, Smallwood-Cuevas, and Weber Pierson) (Coauthors: Assembly Members Connolly, Elhawary, Mark González, Kalra, Lee, Ortega, Quirk-Silva, Sharp-Collins, and Solache) LEAD_AUTHOR SENATE Wiener LEAD_AUTHOR SENATE Arreguín LEAD_AUTHOR SENATE Pérez LEAD_AUTHOR SENATE Wahab PRINCIPAL_COAUTHOR ASSEMBLY Bryan PRINCIPAL_COAUTHOR ASSEMBLY Carrillo PRINCIPAL_COAUTHOR ASSEMBLY Garcia PRINCIPAL_COAUTHOR ASSEMBLY Schultz COAUTHOR SENATE Gonzalez COAUTHOR SENATE McNerney COAUTHOR SENATE Menjivar COAUTHOR SENATE Smallwood-Cuevas COAUTHOR SENATE Weber Pierson COAUTHOR ASSEMBLY Connolly COAUTHOR ASSEMBLY Elhawary COAUTHOR ASSEMBLY Mark González COAUTHOR ASSEMBLY Kalra COAUTHOR ASSEMBLY Lee COAUTHOR ASSEMBLY Ortega COAUTHOR ASSEMBLY Quirk-Silva COAUTHOR ASSEMBLY Sharp-Collins COAUTHOR ASSEMBLY Solache
An act to amend
Section of the Government Code, and to amend
Section 185.5 of the Penal Code, relating to law enforcement. law enforcement Law enforcement: masks. Existing law makes it a crime for a law enforcement officer to wear a facial covering in the performance of their duties, except as specified. Existing law defines law enforcement officer for these purposes as anyone designated by California law as a peace officer who is employed by a city, county, or other local agency, and any officer or agent of a federal law enforcement agency, agency or law enforcement agency of another state, or any person acting on behalf of a federal law enforcement agency.
This bill would add peace officers employed by a state agency to the definition of law enforcement officers, thereby making those law enforcement officers subject to those criminal penalties. The bill would specify that facial coverings does not include certain items, including, among other things, sunglasses. The bill would, for all of the items excluded from the definition of facial coverings, limit that exclusion if the items are combined or otherwise used in a manner intended to conceal or obscure an officer’s identity. By expanding the scope of a crime, this bill would impose a state-mandated local program.
Existing law requires a law enforcement agency operating in California to, by July 1, 2026, maintain and publicly post a written policy limiting the use of facial coverings, as specified. Existing law defines a law enforcement agency for these purposes as any entity of a city, county, or other local agency, that employs anyone designated by California law as a peace officer, any federal law enforcement agency, or any law enforcement agency of another state.
This bill would add to the definition of law enforcement agency, a state entity that employs a peace officer and would change the date any law enforcement agency has to comply with that requirement to January 1, 2027. The bill would also require those policies to exempt certain surveillance operations related to enforcement of the Fish and Game Code, or similar federal law. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION 1.
Section of the Government Code is amended to read: 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. (
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 days to correct any deficiencies in the policy. If, after 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 of Part of the Penal Code. (
B) A state entity that employs a peace officer described in
Chapter 4.5 (commencing with
Section 830) of Title of Part of the Penal Code. (
C) Any law enforcement agency of another state. (
D) Any federal law enforcement agency.
SEC.
Section 185.5 of the Penal Code is amended to read: 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 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) 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 of the Government Code.
(2) An officer assigned to Special Weapons and Tactics (SWAT) team units while actively performing their SWAT responsibilities. (
d) A willful and knowing violation of this
section is punishable as an infraction or a misdemeanor. (
e) 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. (
f) 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 of the Government Code. (
g) Notwithstanding any other law, any 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 in a knowing and willful violation of this
section shall not be entitled to assert any privilege or immunity for their tortious conduct against a claim of civil liability, and shall be liable to that individual for the greater of actual damages or statutory damages of not less than ten thousand dollars ($10,000), whichever is greater.
SEC. 3. No reimbursement is required by this act pursuant to
Section of
Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of