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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 906
Introduced by Juarez, 5; Guereca, 7; McKinney, 11; Rountree, 3; Spivey,
13.
Read first time January 08, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to law enforcement; to amend sections 13-9101
and 81-8,219, Reissue Revised Statutes of Nebraska; to prohibit law2
enforcement officers on duty from wearing a facial covering or3
personal disguise and to require officers to wear appropriate4
identification as prescribed; to define terms; to provide a penalty;5
to require law enforcement agencies to adopt policies; to provide6
for the inadmissability of certain evidence; to modify an exception7
for intentional torts under the Political Subdivisions Tort Claims8
Act and the State Tort Claims Act; and to repeal the original9
sections. 10
Be it enacted by the people of the State of Nebraska,11
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Section 1. For purposes of sections 1 to 5 of this act:1
(1) Appropriate identification means items that display both of the2
following: 3
(a) The law enforcement officer's name and badge number; and4
(b) The full name or initials of the law enforcement officer's5
employing law enforcement agency; 6
(2) Covert operation means an operation during which a law7
enforcement officer must conceal the officer's identity or purpose to8
investigate and gather evidence of criminal activity;9
(3) Facial covering means any opaque mask, garment, helmet,10
headgear, or other item that conceals or obscures the facial identity of11
an individual, including, but not limited to, a balaclava, tactical mask,12
gator, ski mask, or any similar type of facial covering or face-shielding13
item; 14
(4) Law enforcement agency means: 15
(a) The police department or the town marshal in incorporated16
municipalities, the office of sheriff in unincorporated areas, the17
Nebraska State Patrol, and Class I railroad police departments;18
(b) Any law enforcement agency of another state;19
(c) Any federal law enforcement agency; and 20
(d) A tribal police department; 21
(5) Law enforcement officer means: 22
(a) A law enforcement officer as defined in section 81-1401;23
(b) A federal law enforcement officer; 24
(c) A member of the National Guard on active service by direction of25
the Governor during a period of emergency or civil disorder;26
(d) A member of a tribal police department or federal law27
enforcement officer duly authorized to assert law enforcement powers by a28
tribe in the State of Nebraska; and 29
(e) Any person acting on behalf of, or in concert with, any law30
enforcement officer described in subdivision (5)(a), (b), (c), or (d) of31
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this section; and 1
(6) Personal disguise means any alteration of an individual's2
appearance with the intent to conceal the individual's identity or3
mislead others. 4
Sec. 2. The Legislature finds and declares: 5
(1) That the routine use of facial coverings by law enforcement6
officers has significant implications for public perception, officer-7
community interactions, and accountability; 8
(2) Whether intended or not, members of the public may experience9
fear or intimidation when approached by officers whose faces are10
obscured. This perception can heighten defensive behaviors and11
unnecessarily escalate situations; 12
(3) Facial coverings limit the visibility of facial expressions,13
which are essential components of nonverbal communication. In high-stress14
or emotionally charged interactions, the inability to read an officer's15
expression may lead to misinterpretation of tone or intent, increasing16
the risk of conflict escalation; 17
(4) The visibility of an officer's face is vital for promoting18
transparency, facilitating communication, and building trust between law19
enforcement agencies and the communities they serve;20
(5) When officers are not readily identifiable, it increases the21
risk of impersonation by unauthorized individuals, which further22
undermines public trust, endangers public safety, and hinders legitimate23
law enforcement operations; and 24
(6) The use of facial coverings by law enforcement should not25
obscure officer identity or hinder accountability, nor should those26
coverings be used in a manner that enables or conceals discriminatory or27
unlawful conduct. 28
Sec. 3. (1) Except as provided under subsections (2) and (3) of29
this section, a law enforcement officer, while operating in this state30
and in the performance of the officer's duties, shall wear appropriate31
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identification and shall not wear a facial covering or personal disguise.1
(2) Subsection (1) of this section does not apply to a law2
enforcement officer engaged in a covert or undercover operation.3
(3) A law enforcement officer may wear a facial covering in any of4
the following circumstances: 5
(a) To prevent the officer from contracting an airborne disease, the6
officer may wear a mask or respirator that is designed to prevent the7
transmission of airborne disease; 8
(b) To protect against exposure to bodily fluids, an officer may9
wear a facial covering designed to prevent such exposure;10
(c) To protect the officer from smoke, an airborne toxin, gas, or11
any other particulate matter or irritant that could impair health or12
trigger illness in an individual, whether immediately or in the future,13
the officer may wear a mask, helmet, device, respirator, or other14
equipment that provides such protection; 15
(d) To protect the officer from physical harm while engaged in high-16
risk situations, including, but not limited to, a shootout, standoff,17
hostage-taking situation, or terrorist situation, the officer may wear a18
mask, helmet, or face shield that provides physical protection;19
(e) An officer may wear a translucent face shield or clear mask that20
does not conceal the wearer's facial identity; 21
(f) An officer may wear a mask, helmet, or device, including, but22
not limited to, a self-contained breathing apparatus, when necessary for23
underwater activities; 24
(g) An officer may wear a motorcycle helmet when operating a25
motorcycle or other vehicle that requires a helmet for safe operations;26
and 27
(h) An officer may wear eyewear necessary to protect from the use of28
retinal weapons, including, but not limited to, lasers.29
(4) A violation of this section is a Class III misdemeanor. This30
penalty shall not apply if the law enforcement officer's law enforcement31
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agency has adopted a policy in compliance with section 4 of this act.1
Sec. 4. By October 1, 2026, each law enforcement agency operating2
in Nebraska shall maintain and publicly post a written policy regarding3
the use of facial coverings and personal disguises that is consistent4
with the requirements of section 3 of this act. Pursuant to such policy,5
a supervisor shall not knowingly allow a law enforcement officer under6
his or her supervision to violate such policy or section 3 of this act.7
Sec. 5. (1) Except as provided in subsection (2) of this section,8
in any civil or criminal proceeding, any evidence collected by a law9
enforcement officer while such officer was in violation of section 3 of10
this act shall be inadmissible, and such officer shall not be permitted11
to testify as to any matters occurring while such officer was in12
violation of section 3 of this act. 13
(2) This section does not apply to a law enforcement officer14
testifying in his or her own defense or when due process would otherwise15
require the admission of evidence or testimony otherwise prohibited under16
this section. 17
Sec. 6. Section 13-910, Reissue Revised Statutes of Nebraska, is18
amended to read: 19
13-910 The Political Subdivisions Tort Claims Act and sections20
16-727, 16-728, 23-175, 39-809, and 79-610 shall not apply to:21
(1) Any claim based upon an act or omission of an employee of a22
political subdivision, exercising due care, in the execution of a23
statute, ordinance, or officially adopted resolution, rule, or24
regulation, whether or not such statute, ordinance, resolution, rule, or25
regulation is valid; 26
(2) Any claim based upon the exercise or performance of or the27
failure to exercise or perform a discretionary function or duty on the28
part of the political subdivision or an employee of the political29
subdivision, whether or not the discretion is abused;30
(3) Any claim based upon the failure to make an inspection or making31
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an inadequate or negligent inspection of any property other than property1
owned by or leased to such political subdivision to determine whether the2
property complies with or violates any statute, ordinance, rule, or3
regulation or contains a hazard to public health or safety unless the4
political subdivision had reasonable notice of such hazard or the failure5
to inspect or inadequate or negligent inspection constitutes a reckless6
disregard for public health or safety; 7
(4) Any claim based upon the issuance, denial, suspension, or8
revocation of or failure or refusal to issue, deny, suspend, or revoke9
any permit, license, certificate, or order. Nothing in this subdivision10
shall be construed to limit a political subdivision's liability for any11
claim based upon the negligent execution by an employee of the political12
subdivision in the issuance of a certificate of title under the Motor13
Vehicle Certificate of Title Act and the State Boat Act except when such14
title is issued upon an application filed electronically by an approved15
licensed dealer participating in the electronic dealer services system16
pursuant to section 60-1507; 17
(5) Any claim arising with respect to the assessment or collection18
of any tax or fee or the detention of any goods or merchandise by any law19
enforcement officer; 20
(6) Any claim caused by the imposition or establishment of a21
quarantine by the state or a political subdivision, whether such22
quarantine relates to persons or property; 23
(7) Any claim arising out of assault, battery, false arrest, false24
imprisonment, malicious prosecution, abuse of process, libel, slander,25
misrepresentation, deceit, or interference with contract rights, except26
that this subdivision does not apply to a claim: 27
(a) Under under the Healthy Pregnancies for Incarcerated Women Act;28
or 29
(b) Based on conduct of a law enforcement officer while such officer30
was in violation of section 3 of this act; 31
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(8) Any claim by an employee of the political subdivision which is1
covered by the Nebraska Workers' Compensation Act; 2
(9) Any claim arising out of the malfunction, destruction, or3
unauthorized removal of any traffic or road sign, signal, or warning4
device unless it is not corrected by the political subdivision5
responsible within a reasonable time after actual or constructive notice6
of such malfunction, destruction, or removal. Nothing in this subdivision7
shall give rise to liability arising from an act or omission of any8
political subdivision in placing or removing any traffic or road signs,9
signals, or warning devices when such placement or removal is the result10
of a discretionary act of the political subdivision;11
(10) Any claim arising out of snow or ice conditions or other12
temporary conditions caused by nature on any highway as defined in13
section 60-624, bridge, public thoroughfare, or other public place due to14
weather conditions. Nothing in this subdivision shall be construed to15
limit a political subdivision's liability for any claim arising out of16
the operation of a motor vehicle by an employee of the political17
subdivision while acting within the course and scope of his or her18
employment by the political subdivision; 19
(11) Any claim arising out of the plan or design for the20
construction of or an improvement to any highway as defined in such21
section or bridge, either in original construction or any improvement22
thereto, if the plan or design is approved in advance of the construction23
or improvement by the governing body of the political subdivision or some24
other body or employee exercising discretionary authority to give such25
approval; 26
(12) Any claim arising out of the alleged insufficiency or want of27
repair of any highway as defined in such section, bridge, or other public28
thoroughfare. Insufficiency or want of repair shall be construed to refer29
to the general or overall condition and shall not refer to a spot or30
localized defect. A political subdivision shall be deemed to waive its31
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immunity for a claim due to a spot or localized defect only if (a) the1
political subdivision has had actual or constructive notice of the defect2
within a reasonable time to allow repair prior to the incident giving3
rise to the claim or (b) the claim arose during the time specified in a4
notice provided by the political subdivision pursuant to subsection (3)5
of section 39-1359 and the state or political subdivision had actual or6
constructive notice; or 7
(13)(a) Any claim relating to recreational activities for which no8
fee is charged (i) resulting from the inherent risk of the recreational9
activity, (ii) arising out of a spot or localized defect of the premises10
unless the spot or localized defect is not corrected by the political11
subdivision leasing, owning, or in control of the premises within a12
reasonable time after actual or constructive notice of the spot or13
localized defect, or (iii) arising out of the design of a skatepark or14
bicycle motocross park constructed for purposes of skateboarding, inline15
skating, bicycling, or scootering that was constructed or reconstructed,16
reasonably and in good faith, in accordance with generally recognized17
engineering or safety standards or design theories in existence at the18
time of the construction or reconstruction. For purposes of this19
subdivision, a political subdivision shall be charged with constructive20
notice only when the failure to discover the spot or localized defect of21
the premises is the result of gross negligence. 22
(b) For purposes of this subdivision: 23
(i) Recreational activities include, but are not limited to, whether24
as a participant or spectator: Hunting, fishing, swimming, boating,25
camping, picnicking, hiking, walking, running, horseback riding, use of26
trails, nature study, waterskiing, winter sports, use of playground27
equipment, biking, roller blading, skateboarding, golfing, athletic28
contests; visiting, viewing, or enjoying entertainment events, festivals,29
or historical, archaeological, scenic, or scientific sites; and similar30
leisure activities; 31
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(ii) Inherent risk of recreational activities means those risks that1
are characteristic of, intrinsic to, or an integral part of the activity;2
(iii) Gross negligence means the absence of even slight care in the3
performance of a duty involving an unreasonable risk of harm; and4
(iv) Fee means a fee to participate in or be a spectator at a5
recreational activity. A fee shall include payment by the claimant to any6
person or organization other than the political subdivision only to the7
extent the political subdivision retains control over the premises or the8
activity. A fee shall not include payment of a fee or charge for parking9
or vehicle entry. 10
(c) This subdivision, and not subdivision (3) of this section, shall11
apply to any claim arising from the inspection or failure to make an12
inspection or negligent inspection of premises owned or leased by the13
political subdivision and used for recreational activities.14
Sec. 7. Section 81-8,219, Reissue Revised Statutes of Nebraska, is15
amended to read: 16
81-8,219 The State Tort Claims Act shall not apply to:17
(1) Any claim based upon an act or omission of an employee of the18
state, exercising due care, in the execution of a statute, rule, or19
regulation, whether or not such statute, rule, or regulation is valid, or20
based upon the exercise or performance or the failure to exercise or21
perform a discretionary function or duty on the part of a state agency or22
an employee of the state, whether or not the discretion is abused;23
(2) Any claim arising with respect to the assessment or collection24
of any tax or fee, or the detention of any goods or merchandise by any25
law enforcement officer; 26
(3) Any claim for damages caused by the imposition or establishment27
of a quarantine by the state whether such quarantine relates to persons28
or property; 29
(4) Any claim arising out of assault, battery, false imprisonment,30
false arrest, malicious prosecution, abuse of process, libel, slander, or31
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interference with contract rights, except that this subdivision does not1
apply to a claim: 2
(a) Under under the Healthy Pregnancies for Incarcerated Women Act;3
or 4
(b) Based on conduct of a law enforcement officer while such officer5
was in violation of section 3 of this act; 6
(5) Any claim arising out of misrepresentation or deceit, except7
that, in cases of adoption or placement, the State Tort Claims Act shall8
apply to a claim arising out of misrepresentation or deceit by the9
Department of Health and Human Services in failing to warn, notify, or10
inform of a ward's mental and behavioral health history, educational11
history, and medical history, including any history as a victim or12
perpetrator of sexual abuse; 13
(6) Any claim by an employee of the state which is covered by the14
Nebraska Workers' Compensation Act; 15
(7) Any claim based on activities of the Nebraska National Guard16
when such claim is cognizable under the Federal Tort Claims Act, 2817
U.S.C. 2674, or the federal National Guard Claims Act, 32 U.S.C. 715, or18
when such claim accrues as a result of active federal service or state19
service at the call of the Governor for quelling riots and civil20
disturbances; 21
(8) Any claim based upon the failure to make an inspection or making22
an inadequate or negligent inspection of any property other than property23
owned by or leased to the state to determine whether the property24
complies with or violates any statute, ordinance, rule, or regulation or25
contains a hazard to public health or safety unless the state had26
reasonable notice of such hazard or the failure to inspect or inadequate27
or negligent inspection constitutes a reckless disregard for public28
health or safety; 29
(9) Any claim based upon the issuance, denial, suspension, or30
revocation of or failure or refusal to issue, deny, suspend, or revoke31
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any permit, license, certificate, or order. Such claim shall also not be1
filed against a state employee acting within the scope of his or her2
office. Nothing in this subdivision shall be construed to limit the3
state's liability for any claim based upon the negligent execution by a4
state employee in the issuance of a certificate of title under the Motor5
Vehicle Certificate of Title Act and the State Boat Act except when such6
title is issued upon an application filed electronically by an approved7
licensed dealer participating in the electronic dealer services system8
pursuant to section 60-1507; 9
(10) Any claim arising out of the malfunction, destruction, or10
unauthorized removal of any traffic or road sign, signal, or warning11
device unless it is not corrected by the governmental entity responsible12
within a reasonable time after actual or constructive notice of such13
malfunction, destruction, or removal. Nothing in this subdivision shall14
give rise to liability arising from an act or omission of any15
governmental entity in placing or removing any traffic or road signs,16
signals, or warning devices when such placement or removal is the result17
of a discretionary act of the governmental entity;18
(11) Any claim arising out of snow or ice conditions or other19
temporary conditions caused by nature on any highway as defined in20
section 60-624, bridge, public thoroughfare, or other state-owned public21
place due to weather conditions. Nothing in this subdivision shall be22
construed to limit the state's liability for any claim arising out of the23
operation of a motor vehicle by an employee of the state while acting24
within the course and scope of his or her employment by the state;25
(12) Any claim arising out of the plan or design for the26
construction of or an improvement to any highway as defined in such27
section or bridge, either in original construction or any improvement28
thereto, if the plan or design is approved in advance of the construction29
or improvement by the governing body of the governmental entity or some30
other body or employee exercising discretionary authority to give such31
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approval; 1
(13) Any claim arising out of the alleged insufficiency or want of2
repair of any highway as defined in such section, bridge, or other public3
thoroughfare. Insufficiency or want of repair shall be construed to refer4
to the general or overall condition and shall not refer to a spot or5
localized defect. The state shall be deemed to waive its immunity for a6
claim due to a spot or localized defect only if the state has had actual7
or constructive notice of the defect within a reasonable time to allow8
repair prior to the incident giving rise to the claim;9
(14)(a) Any claim relating to recreational activities on property10
leased, owned, or controlled by the state for which no fee is charged (i)11
resulting from the inherent risk of the recreational activity, (ii)12
arising out of a spot or localized defect of the premises unless the spot13
or localized defect is not corrected within a reasonable time after14
actual or constructive notice of the spot or localized defect, or (iii)15
arising out of the design of a skatepark or bicycle motocross park16
constructed for purposes of skateboarding, inline skating, bicycling, or17
scootering that was constructed or reconstructed, reasonably and in good18
faith, in accordance with generally recognized engineering or safety19
standards or design theories in existence at the time of the construction20
or reconstruction. For purposes of this subdivision, the state shall be21
charged with constructive notice only when the failure to discover the22
spot or localized defect of the premises is the result of gross23
negligence. 24
(b) For purposes of this subdivision: 25
(i) Recreational activities include, but are not limited to, whether26
as a participant or spectator: Hunting, fishing, swimming, boating,27
camping, picnicking, hiking, walking, running, horseback riding, use of28
trails, nature study, waterskiing, winter sports, use of playground29
equipment, biking, roller blading, skateboarding, golfing, athletic30
contests; visiting, viewing, or enjoying entertainment events, festivals,31
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or historical, archaeological, scenic, or scientific sites; and similar1
leisure activities; 2
(ii) Inherent risk of recreational activities means those risks that3
are characteristic of, intrinsic to, or an integral part of the activity;4
(iii) Gross negligence means the absence of even slight care in the5
performance of a duty involving an unreasonable risk of harm; and6
(iv) Fee means a fee to participate in or be a spectator at a7
recreational activity. A fee shall include payment by the claimant to any8
person or organization other than the state only to the extent the state9
retains control over the premises or the activity. A fee shall not10
include payment of a fee or charge for parking or vehicle entry.11
(c) This subdivision, and not subdivision (8) of this section, shall12
apply to any claim arising from the inspection or failure to make an13
inspection or negligent inspection of premises owned or leased by the14
state and used for recreational activities; or 15
(15) Any claim arising as a result of a special event during a16
period of time specified in a notice provided by a political subdivision17
pursuant to subsection (3) of section 39-1359. 18
Sec. 8. Original sections 13-910 and 81-8,219, Reissue Revised19
Statutes of Nebraska, are repealed. 20
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