RELATING TO LAW ENFORCEMENT.

SB2290

THE SENATE

S.B. NO.

2290

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to law enforcement
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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Chapter 139, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

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"
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139-
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Law enforcement identification policies.
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(a)
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By January 1, 2027, any law enforcement agency operating in the State
shall maintain a policy on the visible identification of law enforcement
officers and use of facial coverings.
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The policy shall include, at a minimum, the following:

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(1)
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A purpose statement affirming the
department's or agency's commitment to:

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(A)
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Transparency, accountability, and
public trust; and

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(B)
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Restricting situations in which law
enforcement officers do not visibly display identification to specific, clearly
defined, and limited circumstances;

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(2)
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A requirement that all law
enforcement officers visibly display identification that includes their
department or agency and either a name or badge number, or both a name and
badge number, when performing enforcement duties;

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(3)
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A
prohibition on the use of facial coverings unless no other reasonable
alternative exists and the necessity is documented; and

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(4)
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A list of narrowly tailored
exemptions for the following:

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(A)
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Law enforcement officers engaged in
active undercover operations or investigative activities;

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(B)
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Law enforcement officers engaged in
plainclothes operations;

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(C)
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Law enforcement officers wearing
personal protective equipment that prevents display;

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(D)
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Exigent circumstances involving an
imminent danger to persons or property, the escape of a perpetrator, or the
destruction of evidence, including if the law enforcement officer is responding
to those circumstances while off-duty; and

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(E)
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When there is a specific,
articulatable, and particularized reason to believe identification would pose a
significant danger to the physical safety of the law enforcement officer.

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(b)
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Each law enforcement agency shall make its
visible identification of law enforcement officer policy adopted pursuant to
this section accessible to the public.

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(c)
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For the purposes of this section:

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"Enforcement
duties" means:

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(1)
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Active
and planned operations involving the arrest or detention of an individual; or

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(2)
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Deployment
for crowd control purposes.

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"Facial
covering" means any opaque mask, garment, helmet, headgear, or other item
that conceals or obscures the facial identity of an individual, including a
balaclava, tactical mask, gator, ski mask, and any similar type of facial
covering or face-shielding item.
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"Facial covering" does not include:

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(1)
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A
translucent face shield or clear mask that does not conceal the wearer's facial
identity;

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(2)
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A
N95 medical mask or surgical mask to protect against the transmission of any
disease or infection or any other mask, helmet, or device, including
air-purifying respirators, full or half masks, or self-contained breathing
apparatus necessary to protect against exposure to any toxin, gas, smoke,
inclement weather, or any other hazardous or harmful environmental condition;

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(3)
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A
mask, helmet, or device, including a self-contained breathing apparatus,
necessary for underwater use;

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(4)
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A
motorcycle helmet when worn by an officer utilizing a motorcycle or any other
vehicle that requires a helmet for safe operations while in the performance of
their duties; and

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(5)
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Eyewear
necessary to protect from the use of retinal weapons, including lasers.

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"Law
enforcement agency" includes a law enforcement agency of another state.

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"Law
enforcement officer" includes
any sworn officer of a law
enforcement agency of another state
vested by law with a duty to:

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(1)
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Maintain
public order; or

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(2)
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Make
arrests for offenses or to enforce the criminal laws, whether that duty extends
to all offenses or is limited to a specific class of offenses.

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"Visibly display
identification" means to wear externally on the uniform in a size and
location that is reasonably visible to a member of the public with whom the law
enforcement officer interacts.
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SECTION 2.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

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SECTION 3.
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If any provision of this Act, or the application thereof to any person
or circumstance, is held invalid, the invalidity does not affect other
provisions or applications of the Act that can be given effect without the
invalid provision or application, and to this end the provisions of this Act
are severable.

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SECTION 4.
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New statutory material is underscored.

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SECTION 5.
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This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Law
Enforcement; Visible Identification; Facial Coverings; Policy; Prohibition

Description:

By January 1, 2027, requires each law enforcement agency
operating in the State to maintain a publicly available policy on the visible
identification of law enforcement officers and use of facial coverings.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.