SECTION 1. Findings. The Legislature finds and declares:
(1) That the routine use of facial coverings by law enforcement officers has significant implications for public perception, officer-community interactions, and accountability.
(2) Whether intended or not, members of the public may experience fear or intimidation when approached by officers whose faces are obscured. This perception can heighten defensive behaviors and unnecessarily escalate situations.
(3) Facial coverings limit the visibility of facial expressions, which are essential components of nonverbal communication. In high-stress or emotionally charged interactions, the inability to read an officer’s expression may lead to misinterpretation of tone or intent, increasing the risk of conflict escalation.
(4) The visibility of an officer’s face is vital for promoting transparency, facilitating communication, and building trust between law enforcement agencies and the communities they serve.
(5) When officers are not readily identifiable, it increases the risk of impersonation by unauthorized individuals, which further undermines public trust, endangers public safety, and hinders legitimate law enforcement operations.
(6) The use of facial coverings by law enforcement should not obscure officer identity or hinder accountability, nor should those coverings be used in a manner that enables or conceals discriminatory or unlawful conduct.
SECTION 2. Title 42 of the General Laws entitled "STATE AFFAIRS AND GOVERNMENT" is hereby amended by adding thereto the following chapter: 42-28.11-1. Definitions.
(1) "Law enforcement officer" means any of the following:
(i) Any person described under § 42-28.6-1;
(ii) Any person employed by a law enforcement agency of another state; and
(iii) Any person employed by a federal law enforcement agency. 42-28.11-2. Masks and disguises prohibited.
(a) Law enforcement officers under this chapter shall not wear any mask or personal disguise while interacting with the public in the performance of their official duties unless an exemption under subsection (b) of this section applies.
(b) The following exemptions to subsection (a) of this section shall apply:
(1) Law enforcement officers engaging in an undercover assignment in the regular performance of their duties;
(2) Wearing masks that are surgical or N95 respirators designed and as needed to prevent the transmission of airborne diseases;
(3) Wearing masks designed and as needed to protect against exposure to smoke during a fire involved situation;
(4) Wearing masks necessary to perform duties during a water rescue operation;
(5) Wearing masks related to protection against exposure to biological or chemical agents during an incident where such agents may be present;
(6) Wearing masks designed and as needed to protect against exposure to cold during a declared weather emergency;
(7) Special weapons and tactics (SWAT) team officers utilizing gear necessary to protect their faces from physical harm while they perform their SWAT responsibilities; or
(8) Law enforcement officers engaged in high-risk situations including, but not limited to, a shootout, standoff, hostage-taking situation, or terrorist situation, where a mask provides physical protection to the face. 42-28.11-3. Criminal liability. A violation of this section shall constitute a misdemeanor and violators, upon conviction, shall be imprisoned not exceeding one year or be fined not exceeding one thousand dollars ($1,000). 42-28.11-4. Civil liability. Notwithstanding any other general or public law to the contrary, any person who is found to have committed an assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution, while wearing a mask or disguise in a knowing and willful violation of this section shall not be entitled to assert any privilege or immunity for their tortious conduct against a claim of civil liability, and shall be liable to that individual for the greater of actual damages or statutory damages of not less than ten thousand dollars ($10,000), whichever is greater. 42-28.11-5. Severability. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SECTION 3. This act shall take effect upon passage.