SB 3322: DLE; State and Federal Collaboration; Civil Immigration Enforcement; Law Enforcement Officers; Law Enforcement Agencies; Written Policies; Detention; Civil Immigration Status

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, according to the American Immigration Council, Hawaii is home to approximately 258,000 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 is reflected in 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, health care facilities, and places of worship; and prohibiting state law enforcement agencies and officers from engaging in certain immigration enforcement activities.

     Accordingly, the purpose of this Act is to:

     (1)  Establish provisions limiting state and federal collaboration for purposes of immigration enforcement operations;

     (2)  Require state and county law enforcement agencies to establish and publicly post written policies regarding civil immigration enforcement;

     (3)  Prohibit law enforcement officers from initiating or prolonging a stop, detention, or arrest of a person for the purpose of determining the person's civil immigration status, except under certain circumstances;

     (4)  Prohibit state and county involvement in civil immigration enforcement activity in certain locations; and

     (5)  Require the department of law enforcement to assist state and county agencies in maintaining compliance with the civil immigration enforcement policy.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

state and federal collaboration

     §   -1  Definitions.  As used in this chapter:

     "Federal authorities" means any federal agency or department.

     "Federal law enforcement officer" means any employee of the United States government authorized to arrest a person for civil or criminal violations of federal law and who is authorized to carry a firearm in the performance of their official duties.

     "Immigration enforcement operation" means any operation that has as its main objective the identification or apprehension of a person or persons for purposes of civil immigration detention, removal or deportation proceedings, or criminal prosecution for offenses related to immigration status.

     "Law enforcement agency" has the same meaning as in section 139-1.

     "Law enforcement officer" has the same meaning as in section 139-1.

     "Legal assistance" means legal advice or representation provided by an attorney or an individual under the direct supervision of an attorney.

     "Personal information" means any information that is linked or reasonably linkable, alone or in combination with other information, to an identified or identifiable individual, or a device that identifies or is linked or reasonably linkable to an individual, including geolocation.

     "Public employee" means any nominated, appointed, or elected officer or employee of the State or any county, including the political subdivisions and agencies thereof, any employee under contract with the State or any county, and any probationary or provisional employee of the State or county.

     §   -2  Limitation on state and federal collaboration; constitutionally protected activity; immigration enforcement.  (a)  Except as provided by federal or state law, no state department or agency shall use funds appropriated by the legislature or state public funds to assist or facilitate federal authorities or federal law enforcement officers in conduct that exceeds the statutorily enumerated duties and authority of the federal authorities or federal law enforcement officers.

     (b)  Except as required by federal or state law, no public employee acting in their official capacity shall assist or cooperate with, or allow any time, money, facilities, property, equipment, personnel, or other resources to be used to assist, cooperate with, or facilitate any operation executed in whole or part by federal authorities or out-of-state authorities that seeks to identify, arrest, or otherwise impose:

     (1)  A penalty or 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 state constitution; or

     (2)  A penalty upon a person for purposes of federal immigration enforcement, including an immigration enforcement operation occurring at or near a school, early-learning site, institution of higher education, including a university of Hawaii campus, health care facility, emergency or domestic violence shelter, courthouse, or place of worship.

     §   -3  Limitation on state deputization.  A public employee or law enforcement officer shall not request assistance from a federal law enforcement officer for the enforcement of state laws regarding check points, screenings, or motor vehicle traffic stops.

     §   -4  Agreements for criminal law enforcement.  (a)  If a law enforcement agency enters into an agreement with federal authorities for the purpose of criminal law enforcement, the agreement shall be in writing and shall not authorize the participation of federal law enforcement officers or federal authorities in checkpoints, screenings, or motor vehicle traffic stops conducted at the direction, or with the assistance, of a law enforcement agency or law enforcement officer.

     (b)  Any agreement under subsection (a) shall not exceed two years and shall include a requirement for the training of involved federal law enforcement officers on state constitutional and statutory civil rights protections.  Any agreement shall be subject to review and approval by the attorney general.

     §   -5  Task force; prohibition.  (a)  No public employee, law enforcement agency, or law enforcement officer shall take part in or seek to enter an agreement with federal authorities or out-of-state authorities for the purposes of collecting personal information or providing assistance with surveillance, investigations, or prosecution or an immigration enforcement operation, including a joint federal-state operation such as a federal Department of Homeland Security task force, fusion center, or joint terrorism task force, if the public employee, law enforcement agency, or law enforcement officer has reason to believe the agreement would result in:

     (1)  Conduct that amounts to a violation of individual liberties and rights guaranteed under the United States Constitution or Hawaii State Constitution, including racial profiling, unlawful surveillance or investigation, excessive use of force, or unlawful detention;

     (2)  Conduct that seeks to identify, apprehend, arrest, or impose civil or criminal liability or other penalties upon a person or entity for:

          (A)  Engaging in protected activities, including assembly, petitioning, and speech;

          (B)  The provision of humanitarian assistance, legal assistance, or other aid to benefit an individual;

          (C)  Civil immigration detention, removal, or deportation proceedings;

          (D)  Offenses related to immigration status; or

          (E)  Nonfederal misdemeanors and violations, including motor vehicle offenses and traffic violations; or

     (3)  An attempt to obtain data from a law enforcement agency, conduct surveillance, or investigate domestic terrorism and organized political violence in furtherance of the objectives of National Security Presidential Memorandum-7.

     (b)  Before the renewal or establishment of a new agreement, the law enforcement agency shall seek and receive written approval from the attorney general that the agreement is in compliance with applicable state laws.

     §   -6  Safe harbor; good faith compliance.  No public employee or law enforcement officer shall be subject to discipline, retaliation, or civil liability for an act or omission taken in good faith when attempting to comply with this chapter or when responding to perceived federal authority."

     SECTION 3.  Chapter 139, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  civil immigration enforcement

     §139-A  Civil immigration enforcement; written policy.  (a)  By July 1, 2027, each law enforcement agency 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, early-learning sites, institutions of higher education, including university of Hawaii campuses, health care 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 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)  Threats to report a person's immigration status, or the misuse of immigration-status verification, shall be treated as prohibited retaliation in workplaces and in the provision of public services pursuant to federal and state law; and

     (6)  When notified of United States Immigration and Customs Enforcement activity, each state and county law enforcement agency shall require any officer who is already present at the scene at the time of the notification to use a body-worn camera to monitor the United States Immigration and Customs Enforcement agents' interactions with the public.

     §139-B  Civil immigration status inquiries; documentation; limitations.  (a)  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.

     (b)  Reasonable suspicion under subsection (a) 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."

     SECTION 4.  Chapter 353C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§353C-     Restrictions on voluntary consent for entry relating to constitutionally protected activity and civil immigration enforcement; compliance assistance.  (a)  No state or county employee or agent shall provide voluntary consent permitting a law enforcement agent to enter a nonpublic area of a school, early learning site, institution of higher education, including a university of Hawaii campus, health care facility, emergency or domestic violence shelter, courthouse, or place of worship 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 state constitution; or

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

     (b)  The department shall assist state and county agencies in maintaining compliance with this section and the civil immigration enforcement policy provisions under section 139-A(b)(1) and (2).

     (c)  This section shall not prevent compliance with a valid judicial warrant authorizing entry or entry under exigent circumstances."

     SECTION 5.  Chapter 139, Hawaii Revised Statutes, is amended by designating sections 139-1 to 139-13 as part I, entitled "General Provisions".

     SECTION 6.  In codifying the new sections added by section 3 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 7.  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 8.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on July 1, 3000.

Report Title:

DLE; State and Federal Collaboration; Civil Immigration Enforcement; Law Enforcement Officers; Law Enforcement Agencies; Written Policies; Detention; Civil Immigration Status

Description:

Establishes provisions limiting state and federal collaboration for purposes of immigration enforcement operations.  Requires state and county law enforcement agencies to establish and publicly post written policies regarding civil immigration enforcement.  Prohibits law enforcement officers from initiating or prolonging a stop, detention, or arrest of a person for the purpose of determining the person's civil immigration status, except under certain circumstances.  Prohibits state and county involvement in civil immigration enforcement activity in certain locations.  Requires the Department of Law Enforcement to assist state and county agencies in maintaining compliance with the civil immigration enforcement policy.  Effective 7/1/3000.  (HD2)

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 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 258,000 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 is reflected in 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)  By July 1, 2027, require each law enforcement agency operating in the State to establish and publicly post a written policy regarding:

          (A)  The use of facial coverings, visibility of badges, and conspicuous marking of law enforcement vehicles; and

          (B)  Civil immigration enforcement, including procedures governing a law enforcement officer's authority to make an inquiry into a person's civil immigration status;

     (2)  Prohibit law enforcement officers from initiating or prolonging a stop, detention, or arrest to determine a person's civil immigration status, with certain exemptions for reasonable suspicion;

     (3)  Establish as a policy of the department of law enforcement that civil immigration activity involving state or county participation or facilities shall only proceed under certain conditions; and

     (4)  Establish criminal offenses for improper facial coverings and lack of visible identification and 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 outermost 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;

          (C)  Applicable law governing occupational health and 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.

     (c)  For the purposes of this section:

     "Facial covering" has the same meaning as defined in section 710-A.

     "Law enforcement agency" or "agency" includes any federal agency that employs law enforcement officers or other sworn personnel.

     "Law enforcement officer" means any officer of a federal, state, or local law enforcement agency, or any person acting on behalf of a federal, state, or local 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 federal and state 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.

     (c)  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.

     §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 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 shall be 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 listed in subsection (b) 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)  The policy under this section 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" has the same meaning as in section 139-A.

     "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.  For the purposes of this subsection, "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 law enforcement 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 law enforcement 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 July 1, 3000.

Report Title:

Law Enforcement Officers; Law Enforcement Agencies; Facial Coverings; Visible Identification; Civil Immigration Enforcement

Description:

By 7/1/2027, requires each law enforcement agency operating in the State to establish and publicly post a written policy regarding the use of facial coverings, visibility of badges, and conspicuous marking of law enforcement vehicles and civil immigration enforcement, including procedures governing a law enforcement officer's authority to make an inquiry into a person's civil immigration status.  Prohibits law enforcement officers from initiating or prolonging a stop, detention, or arrest to determine a person's civil immigration status, with certain exemptions for reasonable suspicion.  Establishes as a policy of the Department of Law Enforcement that civil immigration activity involving state or county participation or facilities shall only proceed under certain conditions.  Establishes criminal offenses for improper facial coverings and lack of visible identification and unauthorized civil immigration interrogation, arrest, or detention.  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.

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 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;

          (C)  Applicable law governing occupational health and 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.

     (c)  For the purposes of this section:

     "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.

     (c)  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.

     §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;

     (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.

     §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.

Report Title:

Law Enforcement Officers; Law Enforcement Agencies; Facial Coverings; Visible Identification; Civil Immigration Enforcement

Description:

Prohibits with certain exceptions, the use of facial coverings and requires visible identification by law enforcement officers and their vehicles in the performance of their duties.  Requires state and county law enforcement agencies to establish policies regarding state and county cooperation with federal civil immigration enforcement.  Prohibits law enforcement officers from prolonging a stop to inquire about a person's civil immigration status.  Establishes criminal offenses for use of a mask or facial covering by a law enforcement officer, lack of visible identification, and unauthorized civil immigration interrogation.  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 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)  Improper facial coverings and lack of visible identification for law enforcement officers; 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;

          (C)  Applicable law governing occupational health and 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.

     (c)  A policy adopted pursuant to this section shall be deemed consistent with section 710-A unless a written complaint challenging 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 ninety days to correct any deficiencies in the policy.  If, after ninety 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 whether an exemption applies pursuant to section 710-A(2).  The agency's policy and its employees' exemptions shall remain in effect unless a court rules that the agency's policy is not in compliance with section 710-A and all potential appeals to higher courts have been exhausted by the agency.

     (d)  For the purposes of this section:

     "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.

     (c)  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.

     §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 Constitution of the State of Hawaii.

     (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 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  Facial coverings and visible identification for law enforcement officers.  (1)  Except as expressly authorized in this section:

     (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; and

     (b)  Each law enforcement 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.

     (2)  This section shall not apply to an officer:

     (a)  Subject to one or more of the exemptions set forth in section 139-A(b)(3);

     (b)  Assigned to a special weapons and tactics team unit while actively performing special weapons and tactics responsibilities; or

     (c)  Acting in the officer's capacity as an employee of an agency that maintains and publicly posts on its website, no later than July 1, 2027, a written policy pursuant to section 139-A.

     (3)  Violation of this section shall be a petty misdemeanor for the first offense and a misdemeanor for the second or subsequent offense.

     (4)  Notwithstanding any other law to the contrary, a 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 or failing to comply with visible badge requirements in violation of this section shall not be entitled to assert any privilege or immunity for the tortious conduct against a claim of civil liability, and shall be liable for the greater of actual damages or statutory damages of not less than $10,000, whichever is greater.

     (5)  For the 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 a balaclava, tactical mask, gaiter, ski mask, and any similar type of facial covering or face-shielding item.  "Facial covering" does not include:

     (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 pursuant to section 139-A;

     (b)  An N95 medical mask or surgical mask to protect against transmission of disease or infection or any other mask, helmet; or a device, including an air-purifying respirator, full or half mask, 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;

     (c)  A mask, helmet, or device, including a self-contained breathing apparatus, necessary for underwater use;

     (d)  A motorcycle helmet when worn by an officer while in the performance of their duties and utilizing a motorcycle or other vehicle that requires a helmet for safe operations; or

     (e)  Eyewear necessary to protect from the use of retinal weapons, including lasers;

provided that the identification required under this section is still visible.

     "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.

     §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)  It shall be an affirmative defense that the officer's conduct consisted solely of:

     (a)  A stop, detention, or arrest supported by reasonable suspicion or probable cause for a violation of state law or county ordinance, including detention incident to a lawful arrest; provided that the officer did not initiate or prolong the stop, detention, or arrest for the purpose described in subsection (1); or

     (b)  Compliance with a valid judicial warrant or court order.

     (3)  Unauthorized civil immigration interrogation, arrest, or detention is a class C felony.

     (4)  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 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 upon its approval.

Report Title:

Law Enforcement Officers; Law Enforcement Agencies; Facial Coverings; Visible Identification; Civil Immigration Enforcement

Description:

Prohibits with certain exceptions, the use of facial coverings and requires visible identification by law enforcement officers and their vehicles in the performance of their duties.  Requires state and county law enforcement agencies to establish policies regarding state and county cooperation with federal civil immigration enforcement.  Prohibits law enforcement officers from prolonging a stop to inquire about a person's civil immigration status.  Establishes criminal offenses for improper facial coverings, lack of visible identification, and unauthorized civil immigration interrogation.  (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 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)  Establishes criminal offenses for:

          (A)  Improper facial coverings and lack of visible identification for law enforcement officers; 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, 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 law 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;

          (C)  Applicable law governing occupational health and 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;

     (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.

     (c)  A policy adopted pursuant to this section shall be deemed consistent with section 710-A unless a written complaint challenging 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 ninety days to correct any deficiencies in the policy.  If, after ninety 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 whether an exemption applies pursuant to section 710-A(2).  The agency's policy and its employees' exemptions shall remain in effect unless a court rules that the agency's policy is not in compliance with section 710-A and all potential appeals to higher courts have been exhausted by the agency.

     (d)  For the purposes of this section:

     "Facial covering" shall have the same meaning as 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.

     (c)  For the purposes of this section:

     "Law enforcement agency" shall have the same meaning as in section 139-A(d).

     "Law enforcement officer" shall have the same meaning as in section 139-A(d).

     §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 Constitution of the State of Hawaii.

     (d)  For the purposes of this section:

     "Law enforcement agency" shall have the same meaning as in section 139-A(d).

     "Law enforcement officer" shall have the same meaning as in section 139-A(d)."

     SECTION 3.  Chapter 353C, Hawaii Revised Statutes, is amended by adding two new sections 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 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  Facial coverings and visible identification for law enforcement officers.  (1)  Except as expressly authorized in this section:

     (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; and

     (b)  Each law enforcement 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.

     (2)  This section shall not apply to an officer:

     (a)  Subject to one or more of the exemptions set forth in section 139-A(b)(3);

     (b)  Assigned to a special weapons and tactics team unit while actively performing special weapons and tactics responsibilities; or

     (c)  Acting in the officer's capacity as an employee of an agency that maintains and publicly posts on its website, no later than July 1, 2027, a written policy pursuant to section 139-A.

     (3)  Violation of this section shall be a petty misdemeanor for the first offense and a misdemeanor for the second or subsequent offense.

     (4)  Notwithstanding any other law to the contrary, a 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 or failing to comply with visible badge requirements in violation of this section shall not be entitled to assert any privilege or immunity for the tortious conduct against a claim of civil liability, and shall be liable for the greater of actual damages or statutory damages of not less than $10,000, whichever is greater.

     (5)  For the 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 a balaclava, tactical mask, gaiter, ski mask, and any similar type of facial covering or face-shielding item.  A "facial covering" shall not include:

     (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 pursuant to section 139-A;

     (b)  An N95 medical mask or surgical mask to protect against transmission of disease or infection or any other mask, helmet; or a device, including an air-purifying respirator, full or half mask, 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;

     (c)  A mask, helmet, or device, including a self-contained breathing apparatus, necessary for underwater use;

     (d)  A motorcycle helmet when worn by an officer while in the performance of their duties and utilizing a motorcycle or other vehicle that requires a helmet for safe operations; or

     (e)  Eyewear necessary to protect from the use of retinal weapons, including lasers;

provided that the identification required under this section is still visible.

     "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.

     §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)  It shall be an affirmative defense that the officer's conduct consisted solely of:

     (a)  A stop, detention, or arrest supported by reasonable suspicion or probable cause for a violation of state law or county ordinance, including detention incident to a lawful arrest, provided that the officer did not initiate or prolong the stop, detention, or arrest for the purpose described in subsection (1); or

     (b)  Compliance with a valid judicial warrant or court order.

     (3)  Unauthorized civil immigration interrogation, arrest, or detention is a class C felony.

     (4)  For 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 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 upon its approval.

Report Title:

Law Enforcement Officers; Law Enforcement Agencies; Facial Coverings; Visible Identification; Civil Immigration Enforcement

Description:

Prohibits with certain exceptions, the use of facial coverings and requires visible identification by law enforcement officers and their vehicles in the performance of their duties.  Requires state and county law enforcement agencies to establish policies regarding state and county cooperation with federal civil immigration enforcement.  Prohibits law enforcement officers from prolonging a stop to inquire about a person's civil immigration status.  Establishes criminal offenses for improper facial coverings, lack of visible identification, and unauthorized civil immigration interrogation.

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. 3073

Honolulu, Hawaii

RE:     S.B. No. 3322

        S.D. 2

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. 3322, S.D. 1, 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:

     (1)  Prohibit with certain exceptions, the use of facial coverings and require visible identification by law enforcement officers and their vehicles in the performance of their duties;

     (2)  Require state and county law enforcement agencies to establish policies regarding state and county cooperation with federal civil immigration enforcement;

     (3)  Prohibit law enforcement officers from prolonging a stop to inquire about a person's civil immigration status; and

     (4)  Establish criminal offenses for improper facial coverings, lack of visible identification, and unauthorized civil immigration interrogation.

     Your Committee received testimony in support of this measure from one member of the Hawaiʻi County Council; Stonewall Caucus of the Democratic Party of Hawaiʻi; Roots Reborn; Imua Alliance; Hawaii Filipino Lawyers Association; Pacific Gateway Center; Indivisible Hawaii; Hawaiʻi Coalition for Immigrant Rights; Fujiwara and Rosenbaum, LLLC; ACLU Hawaiʻi; The Legal Clinic; and fifty-six individuals.

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

     Your Committee received comments on this measure from the Hawaiʻi Police Department.

     Your Committee finds that communities across the nation have witnessed masked, unidentified agents conducting enforcement actions that create fear, confusion, and the risk of dangerous escalation.  When law enforcement officers, whether state or county officers or federal agents, conceal their identities through masks or lack visible identification, it undermines the most basic principles of democratic policing:  transparency, accountability, and public trust.  Additionally, when officers cannot be identified, misconduct often goes unchecked, civil rights violations become easier to commit, and communities, particularly immigrant communities and other vulnerable populations, live in fear.  This measure will ensure that law enforcement officers serve everyone fairly and uphold constitutional protections for all of the State's residents.

     Your Committee notes that S.B. No. 2203, S.D. 2 (Regular Session of 2026), which was previously passed by the Senate, also establishes a criminal offense for the use of a mask or facial covering by a law enforcement officer.  Your Committee concludes that the language in S.B. No. 2203, S.D. 2, is preferable to the language in section 4 of this measure, which establishes the offense of facial coverings and visible identification for law enforcement officers, because it includes exemptions for law enforcement officers who are engaged in an authorized undercover assignment or operation, conducting related duties in support of an undercover assignment or operation, or are within eyesight of another officer from the same law enforcement agency who is unmasked and imposes a misdemeanor for all violations, rather than a petty misdemeanor for the first offense.

     Your Committee further notes that this measure establishes an affirmative defense for the offense of unauthorized civil immigration, interrogation, arrest, or detention, which exempts liability from officers who make a stop, detention, or arrest supported by reasonable suspicion of a state or local law violation, so long as the officer did not initiate the stop, detention, or arrest for an impermissible immigration-related purpose.  However, that conduct is already not a crime, as the offense established by this measure only criminalizes the knowing interrogation, arrest, or detention for the purpose of determining or enforcing the person's civil immigration status when the officer lacks reasonable suspicion.  Your Committee additionally notes that typically, an affirmative defense is a separate set of facts that negates liability if proven, even if the underlying offense is established.  The affirmative defense established in this measure, however, only applies if a defendant was already not guilty of the underlying offense and is therefore unnecessary.

     Accordingly, your Committee has amended this measure by:

     (1)  Deleting language that would have established the offense of facial coverings and visible identification for law enforcement officers and inserting language from S.B. No. 2203, S.D. 2, a substantially similar measure, which establishes the misdemeanor offense of use of a mask or facial covering by a law enforcement officer;

     (2)  Deleting language that would have established an affirmative defense to the offense of unauthorized civil immigration, interrogation, arrest, or detention;

     (3)  Lowering the offense of unauthorized civil immigration, interrogation, arrest, or detention from a class C felony to a misdemeanor;

     (4)  Specifying that "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;

     (5)  Amending section 1 to reflect its amended purpose;

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

     (7)  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. 3322, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3322, S.D. 2.

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

STAND. COM. REP. NO. 2531

Honolulu, Hawaii

RE:     S.B. No. 3322

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Public Safety and Military Affairs and Energy and Intergovernmental Affairs, to which was referred S.B. No. 3322 entitled:

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

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Prohibit with certain exceptions, the use of facial coverings and require visible identification by law enforcement officers and their vehicles in the performance of their duties;

     (2)  Require state and county law enforcement agencies to establish policies regarding state and county cooperation with federal civil immigration enforcement;

     (3)  Prohibit law enforcement officers from prolonging a stop to inquire about a person's civil immigration status; and

     (4)  Establish criminal offenses for improper facial coverings, lack of visible identification, and unauthorized civil immigration interrogation.

     Your Committees received testimony in support of this measure from the Office of the Public Defender, Stonewall Caucus of the Democratic Party of Hawaiʻi, Green Party of Hawaiʻi, Democratic Party of Hawaiʻi, Community Alliance on Prisons, Honolulu Hawaii NAACP, Imua Alliance, 50501 Hawaii, General Strike Hawaii, Hawaiʻi Coalition for Immigrant Rights, UNITE HERE! Local 5, ACLU Hawaiʻi, The Legal Clinic, Roots Reborn, and ninety-five individuals.

     Your Committees received testimony in opposition to this measure from the Hawaii Police Department and three individuals.

     Your Committees received comments on this measure from the Department of Law Enforcement.

     Your Committees find that communities across the country have raised urgent concerns about masked, unidentified agents conducting aggressive and often violent enforcement actions in public spaces.  These actions have generated widespread fear and confusion, along with an increased risk of escalation and violent confrontation.  For example, confrontations in cities such as Chicago and Minneapolis have ended with federal agents shooting and injuring or killing bystanders.  Masking and anonymity allow federal agents to engage in these violent actions with impunity.  Without greater accountability for federal agents, especially those engaged in immigration enforcement, the risk of violence will only increase.

     To address the lack of accountability in federal law enforcement actions, other states have implemented limitations on the identity concealment and masking among law enforcement officers.  For example, California has prohibited law enforcement officers from wearing identity-concealing facial coverings while also requiring law enforcement officers to visibly display identification.  By establishing similar requirements and prohibitions, this measure ensures that federal law enforcement officers and agents operating in the State are held accountable, bolstering the rule of law in the State, and ensuring public safety.  However, your Committees note that amendments are necessary to ensure that law enforcement in the State are able to operate effectively in conditions that require anonymity for legitimate purposes, such as when law enforcement officers operate in high-risk situations.  For instance, the Department of Law Enforcement currently maintains only a small number of officers in its ranks, making certain assignments where anonymity is required especially risky.

     Accordingly, your Committees have amended this measure by:

     (1)  Exempting plainclothes officers from requirements for law enforcement officers to wear identification;

     (2)  Specifying that only vehicles used in immigration enforcement operations are required to bear conspicuous law enforcement agency markings;

     (3)  Authorizing a plainclothes officer to 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; and

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

     As affirmed by the records of votes of the members of your Committees on Public Safety and Military Affairs and Energy and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3322, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3322, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Public Safety and Military Affairs and Energy and Intergovernmental Affairs,