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Session of 2026
HOUSE BILL No. 2658
By Representative Martinez
2-3
AN ACT concerning law enforcement; enacting the safe and transparent
arrest act; requiring all law enforcement agencies operating in Kansas
to adopt a written policy regarding the use of facial coverings;
prohibiting law enforcement officers from wearing a facial covering
that conceals or obscures their facial identity in the performance of
their duties except as expressly authorized by law; waiving any
privilege or immunity against a claim of civil liability for certain
tortious conduct committed while committing violations thereof;
providing criminal penalties for violations thereof.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) Sections 1 through 3, and amendments thereto, shall be
known and may be cited as the safe and transparent arrest act.
(b) The provisions of this act are severable. If any portion of this act
is held by a court to be unconstitutional or invalid, or the application of
any portion of this act to any person or circumstance is held by a court to
be unconstitutional or invalid, the invalidity shall not affect other portions
of this act that can be given effect without the invalid portion or
application, and the applicability of such other portions of this act to any
person or circumstance remains valid and enforceable.
Sec. 2. (a) On or before July 1, 2026, all law enforcement agencies
operating in this state shall adopt and publicly post a written policy
regarding the use of facial coverings.
(b) Such policy shall include, but not be limited to, the following:
(1) A purpose statement affirming the agency's commitment to
transparency, accountability and public trust;
(2) a requirement restricting the use of facial coverings by law
enforcement officers when performing their duties to the following
specific, clearly defined and limited circumstances:
(A) Active undercover operations or assignments authorized by
supervising personnel or a court order;
(B) tactical operations where protective gear is required for physical
safety;
(C) compliance with applicable law governing occupational health
and safety;
(D) protection of identity during prosecution; and
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(E) compliance with applicable law governing reasonable
accommodations;
(3) a requirement that facial coverings shall only be used when no
other reasonable alternative exists and the necessity is documented;
(4) a requirement that generalized and undifferentiated fear and
apprehension about officer safety shall not be sufficient to justify the use
of facial coverings; and
(5) a requirement that a supervisor shall not knowingly allow a law
enforcement officer under their supervision to violate state law or agency
policy limiting the use of facial coverings.
(c) A member of the public, an oversight body or a local governing
authority may submit a verified written challenge to a policy adopted
pursuant to this section alleging that such policy is not consistent with the
requirements of this section. Such written challenge shall be submitted to
the head of the law enforcement agency. If the agency has failed to
adequately address the challenge and correct any deficiencies in the policy
within 90 days after receiving such challenge, the complaining party may
proceed to a court of competent jurisdiction for a judicial determination of
the agency's compliance with such requirements. The agency's policy shall
remain in effect unless a court issues a ruling that the agency's policy is
not in compliance with such requirements and all potential appeals to
higher courts have been exhausted by the agency.
(d) Notwithstanding any other law, any law enforcement officer who
is found to have committed an assault, battery, false imprisonment, false
arrest, abuse of process or malicious prosecution while wearing a facial
covering in violation of this section or a policy adopted pursuant to this
section shall not be entitled to assert any privilege or immunity for such
person's tortious conduct against a claim of civil liability, and shall be
liable to the individual harmed by such conduct for actual damages or
statutory damages of not less than $10,000, whichever is greater.
(e) As used in this section:
(1) "Facial covering" means any opaque mask, garment, helmet,
headgear or other item that conceals or obscures the facial identity of an
individual, including, but not limited to, a balaclava, tactical mask, gator,
ski mask and any similar type of facial covering or face-shielding item.
"Facial covering" does not include any of the following:
(A) A translucent face shield or clear mask that does not conceal the
wearer's facial identity;
(B) a medical mask or surgical mask when used to protect against
transmission of disease or infection;
(C) any mask, helmet or device, including, but not limited to, air-
purifying respirators, full or half masks or self-contained breathing
apparatus, when necessary for underwater use or to protect against
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exposure to any toxin, gas, smoke, inclement weather or other hazardous
or harmful environmental condition;
(D) a motorcycle helmet when worn by an officer utilizing a
motorcycle or other vehicle that requires a helmet for safe operation while
in the performance of such officer's duties; or
(E) eyewear necessary to protect from the use of retinal weapons,
including, but not limited to, lasers;
(2) "law enforcement agency" means any public agency that employs
law enforcement officers and is operating in this state; and
(3) "law enforcement officer" means:
(A) The same as defined in K.S.A. 21-5111, and amendments thereto;
and
(B) any officer or agent of a federal law enforcement agency, any law
enforcement agency of another state or any person acting on behalf of a
federal law enforcement agency or law enforcement agency of another
state who, as part of such person's duties, is permitted to make arrests and
be armed.
Sec. 3. (a) It shall be unlawful for a law enforcement officer to
knowingly wear a facial covering that conceals or obscures their facial
identity in the performance of such officer's duties, except as provided in
subsection (c).
(b) Violation of this section is a class A nonperson misdemeanor.
(c) This section does not apply to any law enforcement officer who is
acting in such officer's capacity as an employee of a law enforcement
agency and in accordance with such agency's written policy and
procedures adopted pursuant to section 2, and amendments thereto.
(d) As used in this section, "facial covering," "law enforcement
agency" and "law enforcement officer" mean the same as defined in
section 2, and amendments thereto.
(e) This section shall be a part of and supplemental to the Kansas
criminal code.
Sec. 4. This act shall take effect and be in force from and after its
publication in the Kansas register.
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