Law enforcement agencies; require to adopt policy prohibiting masks except in certain circumstances.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blackmon

SENATE BILL NO. 2086

AN ACT TO STATE LEGISLATIVE FINDINGS; TO REQUIRE LAW 1
ENFORCEMENT AGENCIES OPERATING IN THE STATE TO MAINTAIN AND 2
PUBLICLY POST A WRITTEN POLICY REGARDING THE USE OF FACIAL 3
COVERINGS; TO SET FORTH CERTAIN MINIMUM STANDARDS OF THE POLICY; 4
TO PROVIDE THAT A LAW ENFORCEMENT OFFICER SHALL NOT WEAR A FACIAL 5
COVERING THAT CONCEALS OR OBSCURES THEIR FACIAL IDENTITY IN THE 6
PERFORMANCE OF THEIR DUTIES, EXCEPT AS EXPRESSLY AUTHORIZED IN 7
THIS SECTION; TO PROVIDE THAT A WILLFUL AND KNOWING VIOLATION OF 8
THIS PROHIBITION IS PUNISHABLE AS AN INFRACTION OR AS A 9
MISDEMEANOR; TO PROVIDE CERTAIN EXCEPTIONS; AND FOR RELATED 10
PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. The Legislature finds and declares all of the 13
following: 14
(a) That the routine use of facial coverings by law 15
enforcement officers has significant implications for public 16
perception, officer-community interactions, and accountability. 17
(b) Whether intended or not, members of the public may 18
experience fear or intimidation when approached by officers whose 19
faces are obscured. This perception can heighten defensive 20
behaviors and unnecessarily escalate situations. 21
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(c) Facial coverings limit the visibility of facial 22
expressions, which are essential components of nonverbal 23
communication. In high-stress or emotionally charged 24
interactions, the inability to read an officer's expression may 25
lead to misinterpretation of tone or intent, increasing the risk 26
of conflict escalation. 27
(d) The visibility of an officer's face is vital for 28
promoting transparency, facilitating communication, and building 29
trust between law enforcement agencies and the communities they 30
serve. 31
(e) When officers are not readily identifiable, it 32
increases the risk of impersonation by unauthorized individuals, 33
which further undermines public trust, endangers public safety, 34
and hinders legitimate law enforcement operations. 35
(f) The use of facial coverings by law enforcement 36
should not obscure officer identity or hinder accountability, nor 37
should those coverings be used in a manner that enables or 38
conceals discriminatory or unlawful conduct. 39
SECTION 2. (1) By September 1, 2026, a law enforcement 40
agency operating in the state shall maintain and publicly post a 41
written policy regarding the use of facial coverings. 42
(2) The policy shall include, but not be limited to, each of 43
the following: 44
(a) A purpose statement affirming the agency's 45
commitment to all of the following: 46
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(i) Transparency, accountability, and public 47
trust; 48
(ii) Restricting the use of facial coverings to 49
specific, clearly defined, and limited circumstances; and 50
(iii) The principle that generalized and 51
undifferentiated fear and apprehension about officer safety shall 52
not be sufficient to justify the use of facial coverings; and 53
(b) A requirement that all sworn personnel not use a 54
facial covering when performing their duties; 55
(c) A list of narrowly tailored exemptions for the 56
following: 57
(i) Active undercover operations or assignments 58
authorized by supervising personnel or court order; 59
(ii) Tactical operations where protective gear is 60
required for physical safety; 61
(iii) Applicable law governing occupational health 62
and safety; 63
(iv) Protection of identity during prosecution; 64
and 65
(v) Applicable law governing reasonable 66
accommodations; and 67
(d) Opaque facial coverings shall only be used when no 68
other reasonable alternative exists and the necessity is 69
documented; and 70
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(e) Pursuant to the policy, a supervisor shall not 71
knowingly allow a peace officer under their supervision to violate 72
state law or agency policy limiting the use of a facial covering. 73
(3) A policy adopted pursuant to this section shall be 74
deemed consistent with the requirements of this section and 75
Section 3 of this act unless a verified written challenge to its 76
legality is submitted to the head of the agency by a member of the 77
public, an oversight body or a local governing authority, at which 78
time the agency shall be afforded ninety (90) days to correct any 79
deficiencies in the policy. If, after ninety (90) days, the 80
agency has failed to adequately address the complaint, the 81
complaining party may proceed to a circuit court of competent 82
jurisdiction for a judicial determination of the agency's 83
exemption under Section 3(6) of this act. The agency's policy and 84
its employees' exemptions shall remain in effect unless a court 85
rules the agency's policy is not in compliance with this section 86
and all potential appeals to higher courts have been exhausted by 87
the agency. 88
(4) For the purposes of this section, the following terms 89
have the following meanings: 90
(a) "Facial covering" has the same meaning as in 91
Section 3(2) of this act. 92
(b) "Law enforcement agency" means any of the 93
following: 94
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(i) Any entity of a city, county, or other local 95
agency, that employs a law enforcement officer; 96
(ii) Any law enforcement agency of another state; 97
or 98
(iii) Any federal law enforcement agency. 99
SECTION 3. (1) A law enforcement officer shall not wear a 100
facial covering that conceals or obscures their facial identity in 101
the performance of their duties, except as expressly authorized in 102
this section. 103
(2) (a) For purposes of this section, "facial covering" 104
means any opaque mask, garment, helmet, headgear, or other item 105
that conceals or obscures the facial identity of an individual, 106
including, but not limited to, a balaclava, tactical mask, gator, 107
ski mask, and any similar type of facial covering or 108
face-shielding item. 109
(b) The term "facial covering" under paragraph (a) of 110
this subsection does not include any of the following: 111
(i) A translucent face shield or clear mask that 112
does not conceal the wearer's facial identity and is used in 113
compliance with the employing agency's policy and procedures in 114
Section 2 of this act; 115
(ii) An N95 medical mask or surgical mask to 116
protect against transmission of disease or infection or any other 117
mask, helmet, or device, including, but not limited to, 118
air-purifying respirators, full or half masks, or self-contained 119
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breathing apparatus necessary to protect against exposure to any 120
toxin, gas, smoke, inclement weather, or any other hazardous or 121
harmful environmental condition; 122
(iii) A mask, helmet, or device, including, but 123
not limited to, a self-contained breathing apparatus, necessary 124
for underwater use; 125
(iv) A motorcycle helmet when worn by an officer 126
utilizing a motorcycle or other vehicle that requires a helmet for 127
safe operations while in the performance of their duties; and 128
(v) Eyewear necessary to protect from the use of 129
retinal weapons, including, but not limited to, lasers. 130
(3) This section does not apply to: 131
(a) An officer subject to one or more of the exemptions 132
set forth in Section 2(2)(c) of Section 2 of this act; or 133
(b) An officer assigned to Special Weapons and Tactics 134
(SWAT) team units while actively performing their SWAT 135
responsibilities. 136
(4) A willful and knowing violation of this section is 137
punishable as an infraction within the hearing process established 138
under Section 45–6–7 or as a misdemeanor. 139
(5) For the purposes of this section, "law enforcement 140
officer" has the meaning assigned in Section 45–6–3(c) as well as 141
any officer or agent of a federal law enforcement agency or any 142
law enforcement agency of another state or any person acting on 143
behalf of a federal law enforcement agency or law enforcement 144
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ST: Law enforcement agencies; require to adopt
policy prohibiting masks except in certain
circumstances.
agency of another state within the jurisdictional boundaries of 145
the state. 146
(6) The criminal penalties in this section shall not apply 147
to any law enforcement officer if they were acting in their 148
capacity as an employee of the agency and the agency maintains and 149
publicly posts, no later than September 1, 2026, a written policy 150
pursuant to Section 2 of this act. 151
(7) Notwithstanding any other law, any person who is found 152
to have committed an assault, battery, false imprisonment, false 153
arrest, abuse of process, or malicious prosecution, while wearing 154
a facial covering in a knowing and willful violation of this 155
section shall not be entitled to assert any privilege or immunity 156
for their tortious conduct against a claim of civil liability, and 157
shall be liable to that individual for the greater of actual 158
damages or statutory damages of not less than Ten Thousand Dollars 159
($10,000.00), whichever is greater. 160
SECTION 4. This act shall take effect and be in force from 161
and after its passage. 162