California lawmakers approved [1] a measure Thursday that would prohibit most law enforcement officers from covering their faces when interacting with the public.
The bill, SB627, passed through the Democratic-controlled legislature and now awaits action from Gov. Gavin Newsom.
The legislation would apply to local police, state agencies, and potentially federal officers, though Newsom acknowledged in July that there are legal limits to state authority over federal agents.
In an interview with The Tennessee Holler on July 10, Newsom said, “So, we have a bill, we’re looking at the constitutionality of it. It appears that we don’t have the legal authority for federal agents, but we do for other law enforcement authorities. There’s some amendments being made in the bill, and our legal team’s looking at it.”
State Sen. Scott Wiener, the bill’s author, said the legislation was crafted in response to reports of masked Immigration and Customs Enforcement (ICE) officers conducting raids in California.
Speaking with ABC10 on Thursday, Wiener alleged, “ICE agents, bounty hunters, and who knows who else are running around, basically wearing ski masks, grabbing people from their front yards, from bus stops, from their workplaces, and throwing them into unmarked vehicles and taking them, we don’t even know where.”
According to Wiener, the bill includes exemptions for situations where masks are necessary.
“SB627 will ban this kind of extreme masking with reasonable exemptions for medical masking, SWAT teams, certain kinds of undercover operations,” he said.
Law enforcement organizations have raised concerns about the impact of the proposal.
Brian Marvel, president of the Peace Officers Research Association of California (PORAC), told ABC10 that the measure could expose officers to lawsuits.
“Officers that are wearing masks in good faith are going to lose their qualified immunity,” Marvel said.
“Unfortunately, we’re a very litigious society, and any opportunity to sue a police officer, or police department, or local agency… it happens, and it happens quite frequently, and unfortunately, the officers now are going to be on the hook potentially.”
The bill outlines specific exceptions for translucent or clear face coverings, motorcycle helmets, N95 or surgical masks, and breathing equipment used for protection against toxins, gas, or smoke.
Under the legislation, violations would only be applied in cases where an officer was found to have committed assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution while covering their face.
Those violations could result in an infraction or misdemeanor charge.
Lawmakers also passed a companion bill Thursday that would require officers at the local, state, and federal levels to display identifying information, such as a name or badge number, while on duty.
If signed by Gov. Newsom, SB627 would take effect in January.
According to The New York Times, the measure is believed to be the first of its kind at the state level, though similar legislation has been introduced in other states and in Congress.
The governor has not stated whether he will sign the measure, but his prior comments suggest he is inclined to support restrictions on face coverings for law enforcement within the scope of state authority.