Adds to existing law to establish provisions regarding law enforcement officers and facial coverings.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1246 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO LAW ENFORCEMENT OFFICERS; AMENDING CHAPTER 7, TITLE 18, IDAHO2 CODE, BY THE ADDITION OF A NEW SECTION 18-713, IDAHO CODE, TO ESTABLISH3 PROVISIONS REGARDING LAW ENFORCEMENT OFFICERS AND FACIAL COVERINGS;4 AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.5

Be It Enacted by the Legislature of the State of Idaho:6

SECTION 1. That Chapter 7, Title 18, Idaho Code, be, and the same is7 hereby amended by the addition thereto of a NEW SECTION, to be known and des-8 ignated as Section 18-713, Idaho Code, and to read as follows:9 18-713. LAW ENFORCEMENT OFFICERS -- FACIAL COVERINGS. (1) As used in10 this section:11 (a) "Facial covering" means any opaque mask, garment, helmet, head-12 gear, or other item that conceals or obscures the facial identity of13 an individual, including but not limited to a balaclava, tactical14 mask, gaiter, ski mask, and any similar type of facial covering or15 face-shielding item. A facial covering shall not include any of the16 following:17 (i) A translucent face shield or clear mask that does not conceal18 the wearer's facial identity;19 (ii) An N95 medical mask or surgical mask to protect against20 transmission of disease or infection or any other mask, helmet, or21 device necessary to protect against exposure to any toxin, gas,22 smoke, inclement weather, or any other hazardous or harmful envi-23 ronmental condition, including but not limited to air-purifying24 respirators, full or half masks, or self-contained breathing ap-25 paratus;26 (iii) A mask, helmet, or device necessary for underwater use, in-27 cluding but not limited to a self-contained breathing apparatus;28 (iv) A motorcycle helmet when worn by an officer utilizing a mo-29 torcycle or other vehicle that requires a helmet for safe opera-30 tions while in the performance of his duties; and31 (v) Eyewear necessary to protect from the use of retinal weapons32 such as lasers.33 (b) "Law enforcement officer" means a peace officer, as defined in34 section 19-5101, Idaho Code, employed by a city, county, or other lo-35 cal agency as well as any officer or agent of a federal law enforcement36 agency or any law enforcement agency of another state or any person37 acting on behalf of a federal law enforcement agency or law enforcement38 agency of another state.39 (2) A law enforcement officer shall not wear a facial covering that con-40 ceals or obscures his facial identity in the performance of his duties, ex-41 cept as expressly authorized in this section.42

2 (3) The provisions of this section shall not apply to:1 (a) Active undercover operations or assignments authorized by super-2 vising personnel or court order;3 (b) Tactical operations where protective gear is required for physical4 safety;5 (c) Applicable law governing occupational health and safety;6 (d) Protection of identity during prosecution;7 (e) Officers assigned to special weapons and tactics (SWAT) team units8 while actively performing their SWAT responsibilities; and9 (f) Applicable law governing reasonable accommodations.10 (4) A willful and knowing violation of this section shall be punishable11 as an infraction or a misdemeanor.12 (5) Notwithstanding any other law, any person who is found to have13 committed an assault, battery, false imprisonment, false arrest, abuse of14 process, or malicious prosecution against an individual while wearing a15 facial covering in knowing and willful violation of the provisions of this16 section shall not be entitled to assert any privilege or immunity for his17 tortious conduct against a claim of civil liability and shall be liable to18 that individual for actual damages or statutory damages of no less than ten19 thousand dollars ($10,000), whichever is greater.20

SECTION 2. An emergency existing therefor, which emergency is hereby21 declared to exist, this act shall be in full force and effect on and after22 July 1, 2026.23