Law enforcement: masks.

Senators Wiener, Arreguín, Pérez, and Wahab, with Assembly Member Bryan as principal coauthor, advance a measure that would bar law enforcement officers from wearing facial coverings that conceal their identity during the performance of their duties, while requiring local agencies operating in California to adopt, publicly post, and maintain a written policy governing facial coverings by mid-2026. The proposal treats facial coverings as a policy and accountability issue, linking agency rules to the legality of officer wear and opening a defined pathway for oversight and compliance.

The bill establishes a new government-wide framework obligating each law enforcement agency to maintain a publicly posted policy by July 1, 2026. The policy must include a purpose statement addressing transparency, accountability, and public trust; a prohibition on routine facial coverings by sworn personnel; a narrowly tailored list of exemptions for undercover or supervisory-ordered operations, tactical or safety-related needs, identity protection during prosecution, and accommodations; and a rule that opaque coverings are allowed only when no other reasonable alternative exists and the necessity is documented. The policy is intended to be treated as consistent with related Penal Code provisions unless a verified challenge is filed, in which case the agency has 90 days to correct deficiencies, after which a court may determine the agency’s exemption status.

In addition, the measure adds a new Penal Code provision prohibiting a law enforcement officer from wearing a facial covering that conceals identity, with defined exclusions such as translucent face shields, medical or protective gear, underwater use, and certain protective eyewear. Exemptions aligned with the agency policy may apply, and officers remain subject to penalties if the policy does not meet the mandated standards. The act defines “law enforcement officer” broadly to include local peace officers, as well as federal or out-of-state agencies or agents operating in or acting on behalf of those agencies. A willful violation may be charged as an infraction or misdemeanor, and a private civil remedy is provided for certain harms arising from violations, with minimum damages specified. The penalties do not apply to officers if their agency maintains a compliant policy by the deadline.

The bill also creates a severability clause, a cost/mandates framework that anticipates local fiscal implications, and a process for administrative challenges tied to policy compliance. It contemplates a timeline with a hard deadline for policy adoption, a cure period for challenged policies, and ongoing oversight to determine whether exemptions remain applicable as policies evolve. The resulting framework links policy adoption to criminal and civil accountability, positioning transparency and narrowly scoped operational exemptions at the center of how facial coverings are regulated in law enforcement contexts.