RELATING TO LAW ENFORCEMENT.

SB3322

THE SENATE

S.B. NO.

3322

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:

����
SECTION 1.
�
The legislature finds that law enforcement officers'
use of masks and other methods to obscure individual officer identity can lead
to fear, intimidation, and public distrust.
�

To prevent these negative views of law enforcement, other jurisdictions have
adopted standards to ensure that law enforcement personnel and their vehicles
are clearly identifiable.

����
The
legislature further finds that, according to the American Immigration Council, Hawaii
is home to approximately two hundred fifty-eight thousand immigrants, comprising
eighteen per cent of the State's population.
�

About thirty thousand of these foreign-born individuals are believed to
be undocumented.
�
The legislature
recognizes that the State is justifiably proud of its rich immigrant heritage,
which has woven many residents into a valued tapestry of races, ancestral
groups, religions, cultures, and languages from people throughout the world.
�
Accordingly, it is necessary to establish
clear policies and limits on federal immigration enforcement occurring within
the State.
�
This includes upholding due
process and judicial oversight standards; restricting immigration enforcement
activity from occurring in sensitive places such as schools, places of worship,
and health care facilities; and requiring reporting on enforcement activity and
the use of personal data.

����
Accordingly,
the purpose of this Act is to:

����
(1)
�
P
rohibit, with

certain

exceptions,

the

use

of

facial
coverings;

require

the

visible

identification of
law

enforcement

officers

and their vehicles
in

the

performance

of

their
duties; and require state

and

county

law

enforcement

agencies to adopt related policies;

����
(2)
�
Establish
a policy on civil immigration enforcement and status inquiries under the
department of law enforcement;
require

state

and

county

law

enforcement

agencies

to
establish
their own
policies; and
require the department to assist with compliance;
and

����
(3)
�
Establishes criminal offenses for:

���������
(A)
�
Improper
facial coverings and lack of visible identification for law enforcement
officers; and

���������
(B)
�
Unauthorized
civil immigration interrogation, arrest, or detention.

����
SECTION
2.
�
Chapter 139, Hawaii Revised Statutes,
is amended by adding three new sections to be appropriately designated and to
read as follows:

����
"
�139-A
�
Facial coverings; visible identification;
marking of vehicles; written policy.
�

(a)
�
By July 1, 2027, each law
enforcement agency operating in the State shall establish and publicly post on
the agency's website a written policy regarding the use of facial coverings,
visibility of badges, and the conspicuous marking of law enforcement vehicles.

����
(b)
�
The policy shall include:

����
(1)
�
A

purpose

statement

affirming

the

agency's

commitment to:

���������
(A)
�
Transparency,

accountability,

and

public

trust;

���������
(B)
�
Restricting

the

use

of

facial

coverings
to
specific,

clearly

defined,

and

limited circumstances;

and

���������
(C)
�
The

principle

that

generalized

and
undifferentiated

fear

and

apprehension

about law enforcement officer

safety

shall

not

be

sufficient

to

justify the

use

of

facial

coverings

or

the

concealment

of
badges;

����
(2)
�
A

requirement
that:

���������
(A)
�
No law enforcement officer shall
wear

a

facial

covering

that

conceals

or

obscures
the law enforcement officer's

facial

identity
while
the officer is
performing official

duties;

���������
(B)
�
Each law enforcement officer, at all
times while on duty, shall wear identification displayed in a manner that is
clearly visible and readable during direct engagement with the public;
displayed on the outmost garment or gear; not obscured by tactical equipment,
body armor, or accessories; and that shall include:

��������������
(i)
�
The full name or widely recognized
initials of the officer's employing agency; and

�������������
(ii)
�
The officer's last name or unique
badge or identification number; and

���������
(C)
�
Each v
ehicle

used

in

law

enforcement

operations

shall
bear

conspicuous

markings

identifying

the

law
enforcement

agency

to

which

the

vehicle

belongs;

����
(3)
�
A

list

of

narrowly

tailored

exemptions

for

the
following:

���������
(A)
�
Active

undercover

operations

or

assignments
authorized

by

supervising

personnel

or

court

order;

���������
(B)
�
Tactical
operations where protective gear is required for physical safety;

���������
(C)
�
Applicable
law governing occupational health and safety;

���������
(D)
�
Protection
of identity during prosecution;

���������
(E)
�
Applicable
law governing reasonable accommodations; and

���������
(F)
�
Plainclothes
officers, as designated by the officer's agency; provided that no plainclothes
officer shall wear a facial covering that conceals or obscures the plainclothes
officer's facial identity while the officer performs official duties;

����
(4)
�
Notice that o
paque facial
coverings shall only be used when no other reasonable alternative exists, and
the necessity is documented; provided that the identification required under
this policy is still visible;

����
(5)
�
Notice that,
pursuant to the
policy, a supervisor shall not knowingly allow a law enforcement officer under
their
supervision to violate state law or
agency policy regarding the use of a facial covering or display of
identification on the officer or vehicle; and

����
(6)
�
Appropriate penalties.

����
(c)
�
A policy adopted pursuant to this section
shall be deemed consistent with section 710-A unless a written complaint challenging
its legality is submitted to the head of the agency by a member of the public,
an oversight body, or a local governing authority, at which time the agency
shall be afforded ninety days to correct any deficiencies in the policy.
�
If, after ninety days, the agency has failed
to adequately address the complaint, the complaining party may proceed to a
court of competent jurisdiction for a judicial determination of whether an
exemption applies pursuant to section 710-A(2).
�

The agency's policy and its employees' exemptions shall remain in effect
unless a court rules that the agency's policy is not in compliance with section
710-A and all potential appeals to higher courts have been exhausted by the
agency.

����
(d)
�
For the purposes of this section:

����
"Facial
covering" shall have the same meaning as in section 710-A.

����
"Law
enforcement agency" includes any federal agency that employs law
enforcement officers or other sworn personnel.

����
"Law
enforcement officer" means any officer of a local, state, or federal law
enforcement agency, or any person acting on behalf of a local, state, or
federal law enforcement agency.

����
�139-B
�
Civil immigration enforcement; written
policy.
�
(a)
�

By July 1, 2027, each law enforcement agency operating in the State
shall establish and publicly post on its website a written policy regarding
civil immigration enforcement in the State.

����
(b)
�
The policy shall provide that:

����
(1)
�
Civil immigration enforcement
activity involving state or county participation or facilities shall proceed only
on the basis of documented, reviewable legal authority that prioritizes due
process and judicial oversight;

����
(2)
�
Civil immigration enforcement
activity involving state or county participation shall not be conducted at
schools or early-learning sites, health facilities, emergency or domestic
violence shelters, courthouses, or places of worship, except in compliance with
narrowly tailored procedures for unavoidable civil immigration actions;

����
(3)
�
State and county agencies shall
adopt clear limits on the collection, retention, and sharing of immigration‑related
personal data except as required by law, and any interagency data exchanges
shall operate under auditable agreements;

����
(4)
�
Each state or county agency shall periodically
report and make publicly available aggregate data on civil immigration requests
to or from the agency;

����
(5)
�
Immigration-based threats or
verification abuse shall be treated as prohibited retaliation in workplaces and
public services pursuant to state and federal law; and

����
(6)
�
When notified of United States
Immigration and Customs Enforcement activity, each state and county law
enforcement agency shall require nearby personnel to use body cameras to monitor
the United States Immigration and Customs Enforcement agents' interactions with
the public.

����
(c)
�
For

the
p
urposes

of

this

section:

����
"Law enforcement
agency" shall have

the

same

meaning

as

in

section

139-A(d).

����
"Law enforcement officer" shall have

the

same

meaning

as

in

section
139-A(d).

����
�139-C

�
Civil immigration status inquiries;
documentation; limitations.
�
(a)
�
Each law enforcement agency operating in the
State shall include in its written policy required under section 139-B
procedures governing a law enforcement officer's authority to make any inquiry
into a person's civil immigration status, including the authority to ask a
person about citizenship, immigration status, place of birth, or request
documentation for purposes of determining civil immigration status.

����
(b)
�
No law enforcement officer shall initiate or
prolong a stop, detention, or arrest of a person for the purpose of determining
the person's civil immigration status unless the officer has reasonable
suspicion, based on specific and articulable facts, that the person is
unlawfully present in the United States and the inquiry is otherwise authorized
by state law and the agency's written policy.

����
(c)
�
Reasonable suspicion under subsection (b)
shall not be based solely on race, color, ethnicity, national origin, ancestry,
language, accent, religion, manner of dress, presence in a particular location,
or the exercise of rights protected by the United States Constitution or the
Constitution of the State of Hawaii.

����
(d)
�
For

the
p
urposes

of

this

section:

����
"Law enforcement
agency" shall have

the

same

meaning

as

in

section

139-A(d).

����
"Law enforcement officer" shall have

the

same

meaning

as

in

section
139-A(d).
"

����
SECTION

3.
�

Chapter

353C,

Hawaii

Revised

Statutes,

is
amended

by

adding

two

new

sections

to

be

appropriately
designated

and

to

read

as

follows:

����
"
�353C-
�
Civil

immigration

enforcement policy.
�
(a)
�

It is the policy of the department that civil

immigration

enforcement

activity

involving

state
or

county

participation

or

facilities

shall

proceed
only
on
the basis of
documented,

reviewable

legal

authority

that
prioritizes

due

process

and

judicial

oversight.

����
(b)
�
Civil

immigration

enforcement

activity

involving

state
or

county

participation

shall

not

be

conducted
at
schools,

early‑learning

sites,

health

care
facilities, emergency or
domestic violence
shelters,

courthouses,
or places of worship.

����
(c)
�
N
o
employee
or agent acting on behalf of these facilities shall provide voluntary consent
permitting a law enforcement agent to enter a nonpublic area of the facility
for the purpose, or in furtherance, of an operation executed in whole or part
by federal authorities or out-of-state authorities that seeks to:

����
(1)
�
Identify or impose civil or criminal
liability upon a person or entity based on their participation in activities
protected by the First Amendment of the United States Constitution or state
constitution; or

����
(2)
�
To identify, arrest or otherwise
impose a penalty upon a person for purposes of federal immigration enforcement,
including an immigration enforcement operation.

����
(d)
�
This policy shall not prevent compliance with
a valid judicial warrant authorizing entry or entry under exigent
circumstances.

����
(e)
�
The department shall assist state

and

county

agencies in maintaining compliance with
the civil

immigration

enforcement

policy in this section.
"

����
SECTION

4.
�

Chapter

710,

Hawaii

Revised

Statutes,

is
amended

by

adding

two

new

sections

to

part

II

to

be

appropriately
designated

and

to

read

as

follows:

����
"
�710-A
�
Facial coverings and visible
identification for law enforcement officers.
�
(1)
�

Except

as

expressly

authorized

in

this
section:

����
(a)
�
No law
enforcement officer
shall
wear

a

facial

covering

that

conceals

or

obscures
the law enforcement officer's

facial

identity
while the officer is
performing
official

duties;

and

����
(b)
�
Each law enforcement officer, a
t

all

times

while

on

duty
, shall wear identification displayed in a manner that is
clearly visible and readable during direct engagement with the public;
displayed on the outmost garment or gear; not obscured by tactical equipment,
body armor, or accessories; and that shall include:

���������
(i)
�
The full name or widely recognized
initials of the officer's employing agency; and

���������
(ii)

The officer's last name or unique badge or
identification number.

����
(2)
�
This section shall not apply to an officer:

����
(a)
�
Subject

to

one

or

more

of

the

exemptions

set

forth

in

section

139-A(b)(3);

����
(b)
�
Assigned

to
a
special

weapons

and

tactics
team

unit

while

actively

performing

special
weapons

and

tactics

responsibilities;
or

����
(c)
�
Acting

in

the officer's
capacity

as

an

employee

of

an agency

that
maintains

and

publicly

posts

on

its

website,

no

later

than

July

1,

2027,

a
written

policy

pursuant

to

section

139-
A.

����
(3)
�
Violation

of

this

section
shall be
a
petty
misdemeanor for the
first offense and a misdemeanor for the second or subsequent offense.

����
(4)
�
Notwithstanding

any

other

law to the contrary,

a

person

who

is

found
to

have

committed

an

assault,

battery,

false

imprisonment,

false
arrest,

abuse

of

process,

or

malicious

prosecution,

while
wearing

a

facial

covering

or

failing

to

comply

with

visible
badge

requirements

in

violation

of

this
section

shall

not

be

entitled

to

assert

any

privilege
or
immunity

for

the

tortious

conduct

against

a

claim

of

civil
liability,

and

shall

be

liable

for

the

greater

of

actual

damages

or

statutory

damages

of

not

less

than

$10,000,

whichever
is
greater.

����
(5)
�
For

the

purposes

of

this

section:

����
"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,
gaiter,

ski

mask,

and

any

similar

type

of

facial

covering

or
face-shielding

item.
�
A

"facial

covering"

shall

not

include
:

����
(a)
�
A

translucent

face

shield

or

clear

mask

that

does
not
conceal

the

wearer's

facial

identity

and

is

used
in
compliance

with

the

employing

agency's

policy

and
procedures

pursuant

to

section

139-
A;

����
(b)
�
An

N95

medical

mask

or

surgical

mask

to

protect
against

transmission

of

disease

or

infection

or
any

other

mask,

helmet;

or
a
device,

including

an
air-purifying

respirator,

full

or

half

mask,

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;

����
(c)
�
A

mask,

helmet,

or

device,

including

a

self-
contained
breathing

apparatus,

necessary

for

underwater

use;

����
(d)
�
A

motorcycle

helmet

when

worn

by

an

officer

while

in

the

performance

of

their
duties and
utilizing
a

motorcycle

or

other

vehicle

that

requires

a

helmet
for

safe

operations;

or

����
(e)
�
Eyewear

necessary

to

protect

from

the

use

of

retinal

weapons,

including

lasers;

provided
that the identification required under this section is still visible.

����
"Law

enforcement agency" means any county
police department, the department of law enforcement, the department of the
attorney general, the division of conservation and resources enforcement of the
department of land and natural resources, and any federal, state, or county
public body that employs law enforcement officers or other sworn personnel.

����
"Law
enforcement officer" means any officer of a local, state, or federal law
enforcement agency, or any person acting on behalf of a local, state, or
federal law enforcement agency.

����
�710-B
�
Unauthorized civil immigration
interrogation, arrest, or detention.
�

(1)
�
A person commits the
offense of unauthorized civil immigration interrogation, arrest, or detention
if the person is a law enforcement officer, acting under color of law, who
intentionally or knowingly acts beyond the scope of the officer's lawful
authority by interrogating, arresting, or detaining another person for the
purpose of determining or enforcing the person's civil immigration status when
the officer lacks reasonable suspicion, based on specific and articulable
facts, that the person is unlawfully present in the United States.

����
(2)
�

It shall be an affirmative defense that the officer's conduct consisted
solely of:

����
(a)
�
A stop, detention, or arrest
supported by reasonable suspicion or probable cause for a violation of state
law or county ordinance, including detention incident to a lawful arrest, provided
that the officer did not initiate or prolong the stop, detention, or arrest for
the purpose described in subsection (1); or

����
(b)
�
Compliance with a valid judicial
warrant or court order.

����
(3)
�

Unauthorized civil immigration interrogation, arrest, or detention is a
class C felony.

����
(4)
�
For purposes of this section:

����
"Civil immigration status"
means a person�s status under federal immigration law that is civil in nature
and not, by itself, a criminal offense under state law.

����
"Interrogate" means to
question a person in a manner reasonably intended to elicit information
regarding the person's citizenship or civil immigration status, including
requesting immigration documentation, for the purpose of determining or
enforcing civil immigration status.

����
"Reasonable suspicion" shall
not be based solely on race, color, ethnicity, national origin, ancestry,
language, accent, religion, manner of dress, presence in a particular location,
or the exercise of rights protected by the United States Constitution or the
Constitution of the State of Hawaii.
"

����
SECTION
5.
�
This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

����
SECTION
6.
�
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.

����
SECTION
7.
�
In codifying the new sections added
by sections 2 and 4 of this Act, the revisor of statutes shall substitute appropriate
section numbers for the letters used in designating the new sections in this
Act.

����
SECTION
8
.
�
New

statutory

material

is

underscored.

����
SECTION
9
.
�
This

Act

shall

take

effect

upon

its

approval.

INTRODUCED BY:

_____________________________

Report Title:

Law
Enforcement Officers; Law Enforcement Agencies; Facial Coverings; Visible Identification;
Civil Immigration Enforcement

Description:

Prohibits
with certain exceptions, the use of facial coverings and requires visible
identification by law enforcement officers and their vehicles in the
performance of their duties.
�
Requires
state and county law enforcement agencies to establish policies regarding state
and county cooperation with federal civil immigration enforcement.
�
Prohibits law enforcement officers from
prolonging a stop to inquire about a person's civil immigration status.
�
Establishes criminal offenses for improper
facial coverings, lack of visible identification, and unauthorized civil
immigration interrogation.

The summary description
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