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HB2882 - 572R - I Ver
REFERENCE TITLE:
law enforcement; identification; masks; prohibitions
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2882
Introduced by
Representatives
Sandoval: Tsosie;� Senator Sundareshan
AN
ACT
amending sections 13-1203, 13-1303,
13-2406 and 13-2411, Arizona Revised Statutes; amending Title 13,
chapter 24, Arizona Revised Statutes, by adding section 13-2415; relating to
law enforcement.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1203, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-1203.
Assault; classification
A. A person commits assault by:
1. Intentionally, knowingly or recklessly causing
any physical injury to another person; or
2. Intentionally placing another person in
reasonable apprehension of imminent physical injury; or
3. Knowingly touching another person with the intent
to injure, insult or provoke such person
; or
4. Performing law enforcement duties
as a peace officer in violation of the written policy required by section 13-2411
or 13-2415
.
B. Assault committed intentionally or knowingly
pursuant to subsection A, paragraph 1
or 4
is a class 1
misdemeanor. Assault committed recklessly pursuant to subsection A,
paragraph 1
or 4
is a class 2
misdemeanor. Assault committed pursuant to subsection A, paragraph 2
or 3 is a class 3 misdemeanor.
END_STATUTE
Sec. 2. Section 13-1303, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-1303
.
Unlawful imprisonment; classification; definition
A. A person commits unlawful imprisonment by
knowingly restraining another person.
B. In any prosecution for unlawful imprisonment, it
is a defense that:
1. The restraint was accomplished by a peace officer
or detention officer acting in good faith in the lawful performance of
his
the officer's
duty
and
in compliance with the written policies required by sections 13-2411 and
13-2415
; or
2. The defendant is a relative of the person
restrained and the defendant's sole intent is to assume lawful custody of that
person and the restraint was accomplished without physical injury.
C. Unlawful imprisonment is a class 6 felony unless
the victim is released voluntarily by the defendant without physical injury in
a safe place before arrest in which case it is a class 1 misdemeanor.
D. For the purposes of this section, "detention
officer" means a person other than an elected official who is employed by
a county, city or town and who is responsible for the supervision, protection,
care, custody or control of inmates in a county or municipal correctional
institution. Detention officer does not include counselors or secretarial,
clerical or professionally trained personnel.
END_STATUTE
Sec. 3. Section 13-2406, Arizona Revised Statutes, is amended to read:
START_STATUTE
13-2406
.
Impersonating a public servant; classification; definition
A. A person commits
impersonating a public servant if such person pretends to be a public servant
and engages in any conduct
, including the fraudulent display of
government employee identification,
with the intent to induce another to
submit to his pretended official authority or to rely on his pretended official
acts.
B. It is
no
not
a
defense to a prosecution under this section that the office the person
pretended to hold did not in fact exist or that the pretended office did not in
fact possess the authority claimed for it.
C. Impersonating a public servant is a class 1
misdemeanor.
D. For the purposes of this section, "public
servant" includes a notary public.
END_STATUTE
Sec. 4. Section 13-2411, Arizona Revised
Statutes, is amended to read:
START_STATUTE
13-2411.
Peace officer identification required; written policy;
exceptions; impersonating a peace officer; classification; definition
A. each agency of this state or a
political subdivision of this state that employs one or more peace officers
shall adopt a written policy requiring that all peace officers who are employed
by the agency visibly display identification that includes the agency name and
the peace officer's name or badge number, or both name and badge number, when
performing law enforcement duties.� The policy may allow a peace officer to
perform law enforcement duties without visibly DISPLAYING the identification
only in the following CIRCUMSTANCES:
1. The peace Officer is engaged in
active undercover operations or investigative activities.
2. The peace Officer is engaged in a
plainclothes operation.
3. The peace officer is wearing
personal protective or tactical team equipment that prevents display of the
identification.
4. The peace officer is engaged in
protective operations involving elected officials or other DIGNITARIES.
5. Exigent circumstances involving an
imminent danger to persons or property, the escape of a perpetrator or the
destruction of evidence exist, including situations where the peace officer is
responding to the exigent circumstances while off duty.
6. there is a specific, articulable
and particularized reason to believe identification would pose a significant
danger to the physical safety of the peace officer.
A.
B.
A person commits impersonating a peace officer if
the person, without lawful authority, pretends to be a peace officer and
engages in any conduct
, including the fraudulent display of
government employee identification,
with the intent to induce another to
submit to the person's pretended authority or to rely on the person's pretended
acts.
B.
C.
It
is not a defense to a prosecution under this section that the law enforcement
agency the person pretended to represent did not in fact exist or that the law
enforcement agency the person pretended to represent did not in fact possess
the authority claimed for it.
d. A peace officer who violates a written
policy adopted pursuant to this section and who is found to have committed
assault or unlawful imprisonment may not assert any privilege or immunity for
the peace officer's conduct against a claim of civil liability and is liable to
the person injured by the peace officer's conduct in the amount of $10,000 or
actual damages, whichever is greater.
C.
e.
Impersonating
a peace officer is a class 6 felony, except that impersonating a peace officer
during the commission of any of the following felonies is a class 4 felony:
1. Negligent homicide.
2. Manslaughter.
3. First degree murder.
4. Second degree murder.
5. Assault.
6. Aggravated assault.
7. Sexual assault.
8. Violent sexual assault.
9. Sexual abuse.
10. Unlawfully administering intoxicating liquors,
narcotic drugs or dangerous drugs.
11. Attack by a person's vicious animal as
prescribed in section 13-1208.
12. Drive by shooting.
13. Discharging a firearm at a structure.
14. Aggravated criminal damage.
15. Theft.
16. Theft by extortion.
17. Theft of a credit card or obtaining a credit
card by fraudulent means.
18. Misconduct involving weapons.
19. Misconduct involving explosives.
20. Depositing explosives.
21. Procuring or placing persons in a house of
prostitution.
22. Dangerous crimes against children as prescribed
in section 13-705.
23. Burglary.
24. Arson.
25. Kidnapping.
26. Robbery.
D.
F.
For
the purposes of this section, "peace officer" has the same meaning
prescribed in section 1-215 and includes any federal law enforcement
officer or agent who has the power to make arrests pursuant to federal law.
END_STATUTE
Sec. 5. Title 13, chapter 24, Arizona Revised
Statutes, is amended by adding section 13-2415, to read:
START_STATUTE
13-2415.
Peace officers; masks; written policy; prohibition; definitions
A. each agency of this state or a
political subdivision of this state that employs one or more peace officers
shall adopt a written policy that PROHIBITs each peace officer who is employed
by the agency from wearing a facial covering that conceals or obscures the
peace officer's facial identity when performing law enforcement duties.� The
policy may allow a peace officer to perform law enforcement duties with a
facial covering only in the following CIRCUMSTANCES:
1. The peace Officer is engaged in
active undercover operations.
2. The peace officer is engaged in a
tactical operation where protective gear is required for the physical safety of
the peace officer.
3. To protect the peace officer's
identity during a court proceeding.
4. The peace officer is wearing
personal protective equipment allowed or required under applicable occupational
health and safety or reasonable accommodation laws.
B. A peace officer who violates a
written policy adopted pursuant to this section and who is found to have
committed assault or unlawful imprisonment may not assert any privilege or
immunity for the peace officer's conduct against a claim of civil liability and
is liable to the person injured by the peace officer's conduct in the amount of
$10,000 or actual damages, whichever is greater.
C. for the purposes of this section:
1. "facial covering":
(
a
) means an
opaque mask, garment, helmet, headgear or other item that conceals or obscures
the facial identity of an individual, including a balaclava, tactical mask,
gator or ski mask.
(
b
) does not
include any of the following:
(
i
) A
translucent face shield or clear mask that does not conceal a peace officer's
facial identity and that is used in compliance with the agency's written
policy.
(
ii
) A medical
mask or surgical mask that is used to protect against transmission of disease
or infection.
(
iii
) A mask,
helmet or device, including an air purifying respirator, full or half mask or
self-contained breathing apparatus, that is necessary to protect against
exposure to any toxin, gas, smoke, inclement weather or other hazardous or
harmful environmental condition.
(
iv
) A mask,
helmet or device, including a self-contained breathing apparatus, that is
necessary for underwater use.
(
v
) A
motorcycle helmet when worn by a peace officer using a motorcycle or other
vehicle that requires a helmet for safe operations while in the performance of
law enforcement duties.
(
vi
) Eyewear
that is necessary to protect from the use of retinal weapons, including lasers.
2. "peace officer" has the
same meaning prescribed in section 1-215 and includes any federal law
enforcement officer or agent who has the power to make arrests pursuant to
federal law.
END_STATUTE