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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1246
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
LAW
ENFORCEMENT
OFFICERS;
AMENDING
CHAPTER
7,
TITLE
18,
IDAHO
2
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
18
-
713,
IDAHO
CODE,
TO
ESTABLISH
3
PROVISIONS
REGARDING
LAW
ENFORCEMENT
OFFICERS
AND
FACIAL
COVERINGS;
4
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Chapter
7,
Title
18,
Idaho
Code,
be,
and
the
same
is
7
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
8
ignated
as
Section
18
-
713,
Idaho
Code,
and
to
read
as
follows:
9
18
-
713.
LAW
ENFORCEMENT
OFFICERS
-
-
FACIAL
COVERINGS.
(1)
As
used
in
10
this
section:
1
1
(a)
"Facial
covering"
means
any
opaque
mask,
garment,
helmet,
head
-
12
gear,
or
other
item
that
conceals
or
obscures
the
facial
identity
of
13
an
individual,
including
but
not
limited
to
a
balaclava,
tactical
14
mask,
gaiter,
ski
mask,
and
any
similar
type
of
facial
covering
or
15
face
-
shielding
item.
A
facial
covering
shall
not
include
any
of
the
16
following:
17
(i)
A
translucent
face
shield
or
clear
mask
that
does
not
conceal
18
the
wearer's
facial
identity;
19
(ii)
An
N95
medical
mask
or
surgical
mask
to
protect
against
20
transmission
of
disease
or
infection
or
any
other
mask,
helmet,
or
21
device
necessary
to
protect
against
exposure
to
any
toxin,
gas,
22
smoke,
inclement
weather,
or
any
other
hazardous
or
harmful
envi
-
23
ronmental
condition,
including
but
not
limited
to
air
-
purifying
24
respirators,
full
or
half
masks,
or
self
-
contained
breathing
ap
-
25
paratus;
26
(iii)
A
mask,
helmet,
or
device
necessary
for
underwater
use,
in
-
27
cluding
but
not
limited
to
a
self
-
contained
breathing
apparatus;
28
(iv)
A
motorcycle
helmet
when
worn
by
an
officer
utilizing
a
mo
-
29
torcycle
or
other
vehicle
that
requires
a
helmet
for
safe
opera
-
30
tions
while
in
the
performance
of
his
duties;
and
31
(v)
Eyewear
necessary
to
protect
from
the
use
of
retinal
weapons
32
such
as
lasers.
33
(b)
"Law
enforcement
officer"
means
a
peace
officer,
as
defined
in
34
section
19
-
5101,
Idaho
Code,
employed
by
a
city,
county,
or
other
lo
-
35
cal
agency
as
well
as
any
officer
or
agent
of
a
federal
law
enforcement
36
agency
or
any
law
enforcement
agency
of
another
state
or
any
person
37
acting
on
behalf
of
a
federal
law
enforcement
agency
or
law
enforcement
38
agency
of
another
state.
39
(2)
A
law
enforcement
officer
shall
not
wear
a
facial
covering
that
con
-
40
ceals
or
obscures
his
facial
identity
in
the
performance
of
his
duties,
ex
-
41
cept
as
expressly
authorized
in
this
section.
42
2
(3)
The
provisions
of
this
section
shall
not
apply
to:
1
(a)
Active
undercover
operations
or
assignments
authorized
by
super
-
2
vising
personnel
or
court
order;
3
(b)
Tactical
operations
where
protective
gear
is
required
for
physical
4
safety;
5
(c)
Applicable
law
governing
occupational
health
and
safety;
6
(d)
Protection
of
identity
during
prosecution;
7
(e)
Officers
assigned
to
special
weapons
and
tactics
(SWAT)
team
units
8
while
actively
performing
their
SWAT
responsibilities;
and
9
(f)
Applicable
law
governing
reasonable
accommodations.
10
(4)
A
willful
and
knowing
violation
of
this
section
shall
be
punishable
1
1
as
an
infraction
or
a
misdemeanor.
12
(5)
Notwithstanding
any
other
law,
any
person
who
is
found
to
have
13
committed
an
assault,
battery,
false
imprisonment,
false
arrest,
abuse
of
14
process,
or
malicious
prosecution
against
an
individual
while
wearing
a
15
facial
covering
in
knowing
and
willful
violation
of
the
provisions
of
this
16
section
shall
not
be
entitled
to
assert
any
privilege
or
immunity
for
his
17
tortious
conduct
against
a
claim
of
civil
liability
and
shall
be
liable
to
18
that
individual
for
actual
damages
or
statutory
damages
of
no
less
than
ten
19
thousand
dollars
($10,000),
whichever
is
greater.
20
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
21
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
22
July
1,
2026.
23