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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 854
Introduced by Hunt, 8.
Read first time January 08, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to crimes and offenses; to amend section1
28-101, Revised Statutes Supplement, 2025; to prohibit law2
enforcement officers from wearing facial coverings or personal3
disguises and require officers to wear appropriate identification;4
to define terms; to harmonize provisions; and to repeal the original5
section. 6
Be it enacted by the people of the State of Nebraska,7
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Section 1. Section 28-101, Revised Statutes Supplement, 2025, is1
amended to read: 2
28-101 Sections 28-101 to 28-1357, 28-1601 to 28-1603, and 28-17013
and section 2 of this act shall be known and may be cited as the Nebraska4
Criminal Code. 5
Sec. 2. (1) For purposes of this section: 6
(a) Appropriate identification means items that display both of the7
following: 8
(i) The law enforcement officer's name and badge number; and9
(ii) The full name or initials of the law enforcement officer's10
employing law enforcement agency; 11
(b) Covert operation means an operation during which a law12
enforcement officer must conceal the officer's identity to investigate13
and gather evidence of criminal activity; 14
(c) Facial covering means any opaque mask, garment, helmet,15
headgear, or other item that conceals or obscures the facial identity of16
an individual, including, but not limited to, a balaclava, tactical mask,17
gator, ski mask, or any similar type of facial covering or face-shielding18
item; 19
(d) Law enforcement agency means: 20
(i) The police department or the town marshal in incorporated21
municipalities, the office of sheriff in unincorporated areas, the22
Nebraska State Patrol, and Class I railroad police departments;23
(ii) Any law enforcement agency of another state; and24
(iii) Any federal law enforcement agency; 25
(e) Law enforcement officer means: 26
(i) A law enforcement officer as defined in section 81-1401;27
(ii) A federal law enforcement officer; 28
(iii) A member of the National Guard on active service by direction29
of the Governor during a period of emergency or civil disorder; and30
(iv) Any person acting on behalf of, or in concert with, any law31
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enforcement officer described in subdivision (1)(e)(i), (ii), or (iii) of1
this section; and 2
(f) Personal disguise means any alteration of an individual's3
appearance with the intent to conceal the individual's identity or4
mislead others. 5
(2) Except as provided under subsections (3) and (4) of this6
section, a law enforcement officer, while operating in this state and in7
the performance of the officer's duties, shall wear appropriate8
identification and shall not wear a facial covering or personal disguise.9
(3) Subsection (2) of this section does not apply to a law10
enforcement officer engaged in a covert or undercover operation.11
(4) A law enforcement officer may wear a facial covering in any of12
the following circumstances: 13
(a) To prevent the officer from contracting an airborne disease, the14
officer may wear a mask or respirator that is designed to prevent the15
transmission of airborne diseases; 16
(b) To protect against exposure to bodily fluids, an officer may17
wear a facial covering designed to prevent such exposure;18
(c) To protect the officer from smoke, an airborne toxin, gas, or19
any other particulate matter or irritant that could impair health or20
trigger illness in an individual, whether immediately or in the future,21
the officer may wear a mask, helmet, device, respirator, or other22
equipment that provides such protection; 23
(d) To protect the officer from physical harm while engaged in high-24
risk situations, including, but not limited to, a shootout, standoff,25
hostage-taking situation, or terrorist situation, the officer may wear a26
mask, helmet, or face shield that provides physical protection;27
(e) An officer may wear a translucent face shield or clear mask that28
does not conceal the wearer's facial identity; 29
(f) An officer may wear a mask, helmet, or device, including, but30
not limited to, a self-contained breathing apparatus, when necessary for31
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underwater activities; 1
(g) An officer may wear a motorcycle helmet when operating a2
motorcycle or other vehicle that requires a helmet for safe operations;3
and 4
(h) An officer may wear eyewear necessary to protect from the use of5
retinal weapons, including, but not limited to, lasers.6
(5) A violation of this section is a Class III misdemeanor.7
Sec. 3. Original section 28-101, Revised Statutes Supplement, 2025,8
is repealed. 9
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