Official Summary Text
SB 1004, as amended, Wiener.
Law enforcement: masks.
Existing law makes it a crime for a law enforcement officer to wear a facial covering in the performance of their duties, except as specified. Existing law defines law enforcement officer for these purposes as anyone designated by California law as a peace officer who is employed by a city, county, or other local agency, and any officer or agent of a federal law enforcement agency, agency or law enforcement agency of another state, or any person acting on behalf of a federal law enforcement agency.
This bill would add peace officers employed by a state agency to the definition of law enforcement officers, thereby making those law enforcement officers subject to those criminal penalties. The bill would specify that facial coverings does not include certain items, including, among other things, sunglasses. The bill would, for all of the items
excluded from the definition of facial coverings, limit that exclusion if the items are combined or otherwise used in a manner that results in, or is intended to result in, concealing or obscuring an officer’s identity. By expanding the scope of a crime, this bill would impose a state-mandated local program.
Existing law requires a law enforcement agency operating in California to, by July 1, 2026, maintain and publicly post a written policy limiting the use of facial coverings, as specified. Existing law defines a law enforcement agency for these purposes as any entity of a city, county, or other local agency, that employs anyone designated by California law as a peace officer, any federal law enforcement agency, or any law enforcement agency of another state.
This bill would add to the definition of law enforcement agency, a state entity that employs a peace officer and would change the date any law enforcement agency has
to comply with that requirement to January 1, 2027. The bill would also require those policies to exempt
certain
surveillance operations related to enforcement of the Fish and Game
Code.
Code, or similar federal law.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would
declare that it is to take effect immediately as an urgency statute.