SB 2203: Penal Code; Law Enforcement; Mask; Facial Covering; Prohibition; Criminal Offense

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.  The legislature further finds that limiting the use of face coverings by law enforcement officers, except under specified circumstances, will improve public trust.

     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.

     "Mask or facial covering" means any opaque mask, garment, helmet, headgear, or other item that conceals or obscures the facial identity of an individual.  "Mask or facial covering" does 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 a law enforcement 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 helmet 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 July 1, 3000.

Report Title:

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

Description:

Establishes the offense of use of a mask or facial covering by a law enforcement officer.  Effective 7/1/3000.  (HD1)

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

SENATE FLOOR AMENDMENT

FLOOR AMENDMENT NO.                                            Date                                                                                     

TO:    Senate Bill No. 2203, S.D. 1

          SECTION 1.  Senate Bill No. 2203, S.D. 1, section 2, is amended by amending page 2, lines 13 to 17 to read as follows:

     "(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."

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.

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 undercover assignment; 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.  (SD1)

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

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 personal disguise 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 personal disguise by a law enforcement officer.  (1)  A person commits the offense of use of a mask or personal disguise by a law enforcement officer if the person:

     (a)  Is a law enforcement officer; and

     (b)  Wears a mask or personal disguise 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:

     (a)  Is engaged in an undercover assignment; or

     (b)  Is operating a motorcycle; provided that the law enforcement officer shall remove the facial covering before and after operating the motorcycle.

     (3)  Use of a mask or personal disguise by a law enforcement officer shall be a misdemeanor.

     (4)  For the purposes of this section:

     "Mask or personal disguise" 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; and

     (e)  A face shield if the face shield does not conceal the wearer's face.

     "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 upon its approval.

Report Title:

Law Enforcement; Mask; Disguise; Prohibition; Criminal Offense; Penal Code

Description:

Establishes the offense of use of a mask or personal disguise by a law enforcement officer.

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

STAND. COM. REP. NO. 2160

Honolulu, Hawaii

RE:     S.B. No. 2203

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2203 entitled:

"A BILL FOR AN ACT RELATING TO LAW ENFORCEMENT,"

begs leave to report as follows:

     The purpose and intent of this measure is to establish the offense of use of a mask or personal disguise by a law enforcement officer.

     Your Committee received testimony in support of this measure from the Office of the Public Defender, one member of the Hawaiʻi County Council, Community Alliance on Prisons, Waipahu Safe Haven Immigrant/Migrant Resource Center, Democratic Party of Hawaiʻi Education Caucus, Imua Alliance, The Legal Clinic, ACLU Hawaiʻi, College Democrats of Hawaii, Roots Reborn, and more than one hundred individuals.

     Your Committee received testimony in opposition to this measure from the Honolulu Police Department and two individuals.

     Your Committee received comments on this measure from the Department of Law Enforcement and Department of the Prosecuting Attorney of the City and County of Honolulu.

     Your Committee finds that when armed officers operate in public spaces while concealing their identities, community members cannot readily distinguish between legitimate law enforcement and impersonators.  This creates confusion, fear, and vulnerability, particularly in immigrant and mixed-status communities that are already subject to heightened anxiety around law enforcement.  Recently, federal agents have begun using masks and facial coverings during immigration raids, which undermines public trust.  Additionally, law enforcement agencies themselves routinely warn the public about individuals impersonating officers, and masking makes impersonation far easier.  Your Committee further finds that research and decades of policing practice demonstrate that transparency reduces the likelihood of excessive force, misconduct, and escalation.  This measure will ensure that the State's residents can assess law enforcement officers' credibility, comply with lawful orders, and seek help when needed, rather than retreating into fear or uncertainty.

     Your Committee notes that although this measure creates an exemption for the use of masks by undercover law enforcement officers, law enforcement agencies often have support unit personnel at the scene assisting undercover officers during law enforcement operations.  These support unit personnel are not classified as "undercover", but may wear masks while they support undercover officers during law enforcement operations to allow those supporting officers to engage in future undercover law enforcement operations.  Your Committee recognizes the important function these supporting personnel perform and believes this measure should be amended to exempt them from the masking prohibition established by this measure.

     Accordingly, your Committee has amended this measure by:

     (1)  Changing the name of the offense established by this measure from "use of a mask or personal disguise" by a law enforcement officer to "use of mask or facial covering" by a law enforcement officer;

     (2)  Specifying that a law enforcement officer commits the offense if the officer wears a mask or facial covering that conceals or obscures the officer's facial identity while interacting with the public in the performance of the officer's duties;

     (3)  Exempting law enforcement officers from the offense who are within the eyesight of another officer from the same law enforcement agency who is unmasked;

     (4)  Defining the terms "law enforcement agency" and "law enforcement officer" to include federal, state, and local law enforcement agencies and officers;

     (5)  Specifying that a law enforcement officer wearing a mask or facial covering while operating a motorcycle or other vehicle that requires a helmet for safe operation is exempt from the offense when the officer removes the mask or facial covering before and after operating the motorcycle or vehicle as soon as reasonably practicable;

     (6)  Inserting an effective date of March 22, 2075, to encourage further discussion;

     (7)  Amending section 1 to reflect its amended purpose; and

     (8)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2203, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2203, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,