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HB366 • 2025

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO LAW ENFORCEMENT IDENTIFICATION.

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Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Gorman
Last action: 2026-05-21
Official status: Stricken 5/21/26
Effective date: Not listed

Plain English Breakdown

The official status indicates the bill was 'Stricken in House,' meaning it failed and is no longer active legislation.

Delaware Law on Police Facial Coverings (HB366)

This bill would have banned police officers in Delaware from wearing masks that hide their faces while working, with exceptions for undercover work and dangerous situations.

What This Bill Does

Prohibits law enforcement officers from wearing items like balaclavas or tactical masks that cover the face during official duties.
Allows officers to wear medical masks, respirators, or breathing devices needed for health safety or protection against hazards.
Exempts undercover operations and Special Weapons and Tactics (SWAT) teams from the ban on facial coverings when necessary for their specific roles.
Requires agencies to give at least 12 hours of notice before an operation where officers will wear facial coverings, unless it is an emergency or undercover work.
Makes wearing a banned facial covering while working a violation, with repeat offenses classified as unclassified misdemeanors.

Who It Names or Affects

Law enforcement officers in Delaware and federal agents acting on behalf of the state.
State, local, and federal law enforcement agencies that must create policies about mask use.
The Superior Court, which has exclusive authority to handle violations of this rule.

Terms To Know

Facial covering: An opaque item like a ski mask or tactical helmet that hides the face. It does not include clear shields or medical safety gear used for health protection.
Undercover operation: A planned investigation authorized by supervisors where an officer uses a fake identity to interact with suspected criminals or gather evidence.
Exigent circumstances: Emergency situations involving immediate danger to people or property, or the escape of a criminal.

Limits and Unknowns

The bill was stricken in the House on May 21, 2026, meaning it will not be considered further.
No effective date is listed because the legislation did not pass to become law.
Agencies were required to adopt policies within six months of enactment, but this timeline cannot start since the bill was removed.

Bill History

2026-05-21 Delaware General Assembly
Stricken in House
2026-04-16 Delaware General Assembly
Introduced and Assigned to Judiciary Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO LAW ENFORCEMENT IDENTIFICATION.
This Act prohibits law-enforcement officers from wearing facial coverings that obscure the identity of the individual wearing them in the course of their duties, with exceptions for undercover operations and exigent circumstances.

This Act ensures that law enforcement officers in Delaware cannot wear masks or facial coverings that hide their identity when they are carrying out their official duties. Our community deserves to know who is enforcing the law, and clear identification is essential to building trust between residents and law enforcement. When law enforcement officers are acting in public and exercising authority, people should be able to see their faces. This improves accountability, strengthens public confidence, and makes Delaware safer for everyone.

The bill defines “facial covering” to include items like balaclavas, ski masks, or tactical masks that obscure the face. It does not ban protective equipment such as medical masks, respirators, or breathing devices that officers need for health and safety, nor does it interfere with undercover operations that require anonymity. It also specifically exempts undercover operations that occur during the course of a criminal investigation or for SWAT teams that are specially trained police units used in high-risk situations that go beyond the capacity of regular patrol officers.

This Act serves to empower Delaware law enforcement officers to intervene and verify the identity of any person claiming or otherwise acting as law enforcement while wearing a facial covering, but nothing in this Act diminishes the discretion of law enforcement officers to determine whether it is appropriate to stop or charge any person.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. Gorman & Rep. Burns & Sen. Sturgeon & Sen. Cruce

Reps. Morrison, Romer, Berry, Phillips, Griffith, Snyder-Hall; Sens. Hansen, Hoffner, Seigfried

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 366

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO LAW ENFORCEMENT IDENTIFICATION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Part V, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Chapter 85B. Law Enforcement Visibility and Safety Act

§ 8501B. Definitions.

For purposes of this chapter:

(1) “Facial covering” means an opaque mask, garment, helmet, or other item that conceals or obscures the face of an individual. “Facial covering” includes a balaclava, tactical mask, gator, ski mask, and any similar type of face-shielding item, but does not include the following:

a. A translucent face shield or clear mask that does not conceal the wearer’s face.

b. An N95 medical mask or surgical mask when used to protect against transmission of disease or infection or any other mask or device, including an air-purifying respirator, full or half mask, or self-contained breathing apparatus when the mask or device is used to protect against exposure to a toxin, gas, smoke, or other hazardous environmental condition, including inclement weather.

(2) “Law-enforcement agency” means any agency, department, or other entity that employs a law-enforcement officer.

(3) “Law-enforcement officer” means as defined in § 222 of this title, as well as any officer or agent of a federal law enforcement agency or any person acting on behalf of a federal law enforcement agency.

(4) “Undercover operation” is a planned act authorized by supervising agents, agencies, or a court warrant that uses an undercover operative to intentionally interact with a suspected criminal violator or others, or to obtain evidence of criminal activity.

(5) “Undercover operative” means a law-enforcement officer using an assumed name or cover identity to interact with a suspected criminal violator or others, or to obtain evidence of criminal activity.

§ 8502B. Prohibition on use of facial coverings.

(a) A law-enforcement officer may not wear a facial covering in the performance of the officer’s duties.

(b) This section does not apply to an officer performing duties as an undercover operative during an active undercover operation.

(c) This section does not apply to protective gear used by Special Weapons and Tactics (SWAT) team officers that is necessary to protect their faces from harm while performing SWAT responsibilities.

(e) Wearing a facial covering in the performance of a law enforcement officer’s duties is a violation. A second or subsequent violation of this section is an unclassified misdemeanor. The Superior Court has exclusive original jurisdiction of all violations of this section.

§ 8503B. Law-enforcement agency facial covering policies.

A law-enforcement agency of this State or any political subdivision thereof must adopt policies to regulate the use of facial coverings under this chapter by [six months after the enactment of this Act].

§ 8504B. Notice of operations requiring facial coverings.

(a) Before undertaking an operation reasonably likely to involve agency personnel wearing facial coverings in the performance of their duties, a State, local, or federal law-enforcement agency must provide advance notice to the Delaware State Police and to the local law-enforcement agency with jurisdiction over the location where the operation takes place.

(1) The notice must be given sufficiently in advance to prevent danger to law-enforcement officers based on mistaken identities, but no less than 12 hours before the operation.

(2) The notice must include the location of the operation, the planned actions of the law-enforcement agency providing the notice, and the approximate time and duration of the action.

(b) This section does not apply to the following:

(1) A law enforcement officer performing duties as an undercover operative during an active undercover operation.

(2) Exigent circumstances involving an immediate danger to persons or property or the escape of a perpetrator of crime.

Section 2. The provisions of this Act are severable. If any provision of this Act or its application is held invalid, that invalidity does not affect other provisions or applications that can be given effect without the invalid provision or application.

SYNOPSIS

This Act prohibits law-enforcement officers from wearing facial coverings that obscure the identity of the individual wearing them in the course of their duties, with exceptions for undercover operations and exigent circumstances.

This Act ensures that law enforcement officers in Delaware cannot wear masks or facial coverings that hide their identity when they are carrying out their official duties. Our community deserves to know who is enforcing the law, and clear identification is essential to building trust between residents and law enforcement. When law enforcement officers are acting in public and exercising authority, people should be able to see their faces. This improves accountability, strengthens public confidence, and makes Delaware safer for everyone.

The bill defines “facial covering” to include items like balaclavas, ski masks, or tactical masks that obscure the face. It does not ban protective equipment such as medical masks, respirators, or breathing devices that officers need for health and safety, nor does it interfere with undercover operations that require anonymity. It also specifically exempts undercover operations that occur during the course of a criminal investigation or for SWAT teams that are specially trained police units used in high-risk situations that go beyond the capacity of regular patrol officers.

This Act serves to empower Delaware law enforcement officers to intervene and verify the identity of any person claiming or otherwise acting as law enforcement while wearing a facial covering, but nothing in this Act diminishes the discretion of law enforcement officers to determine whether it is appropriate to stop or charge any person.