Relating to facial coverings worn by peace officers and providing penalties

This bill relates to facial coverings worn by peace officers. The bill provides that a peace officer shall not wear a facial covering in the performance of the officer’s duties. A “facial covering” is defined as any opaque mask, garment, helmet, headgear, or other item that conceals or obscures the facial identity of an individual including but not limited to a balaclava, tactical mask, gator, ski mask, and any similar type of facial covering or face-shielding item. The bill lists items not considered to be a “facial covering”. A person who violates the bill is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. The bill provides that a peace officer who is found to have committed an assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution, while wearing a facial covering in a knowing and willful violation of the bill, is not entitled to assert any privilege or immunity for the officer’s tortious conduct against a claim of civil liability, and shall be liable to the injured individual for actual damages or statutory damages of not less than $10,000, whichever is greater.