Read the full stored bill text
Senate
File
2108
-
Introduced
SENATE
FILE
2108
BY
STAED
,
DONAHUE
,
PETERSEN
,
and
BENNETT
A
BILL
FOR
An
Act
relating
to
facial
coverings
worn
by
peace
officers
and
1
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2108
Section
1.
NEW
SECTION
.
804.5A
Facial
coverings.
1
1.
For
purposes
of
this
section:
2
a.
(1)
“Facial
covering”
means
any
opaque
mask,
garment,
3
helmet,
headgear,
or
other
item
that
conceals
or
obscures
the
4
facial
identity
of
an
individual
including
but
not
limited
to
a
5
balaclava,
tactical
mask,
gator,
ski
mask,
and
any
similar
type
6
of
facial
covering
or
face-shielding
item.
7
(2)
“Facial
covering”
does
not
include
any
of
the
following:
8
(a)
A
translucent
face
shield
or
clear
mask
that
does
not
9
conceal
the
wearer’s
facial
identity
and
is
used
in
compliance
10
with
the
employing
agency’s
policies
and
procedures.
11
(b)
A
medical
or
surgical
mask
to
protect
against
12
transmission
of
disease
or
infection
or
any
other
mask,
13
helmet,
or
device,
including
but
not
limited
to
air-purifying
14
respirators,
full
or
half
masks,
or
self-contained
breathing
15
apparatus
necessary
to
protect
against
exposure
to
any
toxin,
16
gas,
smoke,
inclement
weather,
or
any
other
hazardous
or
17
harmful
environmental
condition.
18
(c)
A
mask,
helmet,
or
device,
including
but
not
limited
to
19
a
self-contained
breathing
apparatus,
necessary
for
underwater
20
use.
21
(d)
A
motorcycle
helmet
when
worn
by
an
officer
utilizing
22
a
motorcycle
or
other
vehicle
that
requires
a
helmet
for
safe
23
operations
while
in
the
performance
of
the
officer’s
duties.
24
(e)
Eyewear
necessary
to
protect
from
the
use
of
retinal
25
weapons,
including
but
not
limited
to
lasers.
26
b.
“Peace
officer”
means
a
state
patrol
officer
or
a
27
regularly
employed
member
of
a
police
force
of
a
city
or
county
28
as
well
as
any
officer
or
agent
of
a
federal
law
enforcement
29
agency
or
any
law
enforcement
agency
from
another
state
or
any
30
person
acting
on
behalf
of
a
federal
law
enforcement
agency
or
31
law
enforcement
agency
of
another
state.
32
2.
A
peace
officer
shall
not
wear
a
facial
covering
in
the
33
performance
of
the
officer’s
duties.
34
3.
A
peace
officer
who
willfully
and
knowingly
violates
this
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2108
section
is
guilty
of
a
serious
misdemeanor.
1
4.
Notwithstanding
any
other
law,
any
peace
officer
2
who
is
found
to
have
committed
an
assault,
battery,
false
3
imprisonment,
false
arrest,
abuse
of
process,
or
malicious
4
prosecution,
while
wearing
a
facial
covering
in
a
knowing
and
5
willful
violation
of
this
section,
shall
not
be
entitled
to
6
assert
any
privilege
or
immunity
for
the
officer’s
tortious
7
conduct
against
a
claim
of
civil
liability,
and
shall
be
liable
8
to
the
individual
bringing
such
claim
for
actual
damages
or
9
statutory
damages
of
not
less
than
ten
thousand
dollars,
10
whichever
is
greater.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
facial
coverings
worn
by
peace
15
officers.
16
The
bill
provides
that
a
peace
officer
shall
not
wear
a
17
facial
covering
in
the
performance
of
the
officer’s
duties.
18
A
“facial
covering”
is
defined
as
any
opaque
mask,
garment,
19
helmet,
headgear,
or
other
item
that
conceals
or
obscures
the
20
facial
identity
of
an
individual
including
but
not
limited
to
21
a
balaclava,
tactical
mask,
gator,
ski
mask,
and
any
similar
22
type
of
facial
covering
or
face-shielding
item.
The
bill
lists
23
items
not
considered
to
be
a
“facial
covering”.
24
A
person
who
violates
the
bill
is
guilty
of
a
serious
25
misdemeanor.
A
serious
misdemeanor
is
punishable
by
26
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
27
$430
but
not
more
than
$2,560.
28
The
bill
provides
that
a
peace
officer
who
is
found
to
29
have
committed
an
assault,
battery,
false
imprisonment,
false
30
arrest,
abuse
of
process,
or
malicious
prosecution,
while
31
wearing
a
facial
covering
in
a
knowing
and
willful
violation
of
32
the
bill,
is
not
entitled
to
assert
any
privilege
or
immunity
33
for
the
officer’s
tortious
conduct
against
a
claim
of
civil
34
liability,
and
shall
be
liable
to
the
injured
individual
for
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S.F.
2108
actual
damages
or
statutory
damages
of
not
less
than
$10,000,
1
whichever
is
greater.
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