LAW ENFORCEMENT ID AND CONCEALING IDENTITY

HB0208

HOUSE BILL 208

57
th legislature
- STATE OF NEW MEXICO -
second session
, 2026

INTRODUCED BY

Janelle Anyanonu
and
Dayan Hochman-Vigil
and
Javier Martínez

and
Antoinette Sedillo Lopez
and
Eleanor Chávez

AN ACT

RELATING TO LAW ENFORCEMENT; REQUIRING PEACE OFFICERS TO CARRY
AND PRESENT FOR INSPECTION IDENTIFYING CREDENTIALS TO A MEMBER
OF THE PUBLIC IN CERTAIN CIRCUMSTANCES; PROHIBITING A PEACE
OFFICER FROM CONCEALING THE PEACE OFFICER'S IDENTITY OR THE
NAME OF THE PEACE OFFICER'S LAW ENFORCEMENT AGENCY OF
EMPLOYMENT IN CERTAIN CIRCUMSTANCES; PROVIDING EXCEPTIONS;
PROVIDING A PENALTY; DECLARING AN EMERGENCY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
A new section of Chapter 29, Article 1 NMSA
1978 is enacted to read:

"[
NEW MATERIAL
] REQUIRING PEACE OFFICERS TO CARRY
IDENTIFICATION AND PRESENT IDENTIFICATION FOR INSPECTION UPON
REQUEST--PROHIBITING THE CONCEALMENT OF IDENTITY--EXCEPTIONS--PENALTY.--

A. A peace officer shall not wear a face covering
while interacting with the public in the performance of the
peace officer's duties, except for medical-grade surgical masks
or N95 or similar respirators designed to prevent the
transmission of airborne diseases or masks designed to protect
against exposure to smoke during a declared state of emergency
related to wildfire.

B. At all times when a peace officer is on duty or
responds to a call for service or upon initiation of any law
enforcement or investigative encounter between the peace
officer and a member of the public, the peace officer shall:

(1) carry on the peace officer's person
identifying credentials showing the peace officer's name, rank
and law enforcement agency of employment;

(2) have displayed on a conspicuous place on
the peace officer's outermost clothing the peace officer's
name, badge number, rank and agency; and

(3) present for inspection the identifying
credentials to a member of the public upon request.

C. A peace officer shall not knowingly or willfully
conceal the peace officer's identity, including the peace
officer's face, or the name of the peace officer's law
enforcement agency of employment whenever the peace officer is
on duty.

D. The provisions of Subsections A through C of
this section shall not apply when a peace officer in the course
of employment:

(1) conducts an undercover operation
sanctioned by the peace officer's law enforcement agency of
employment;

(2) is a member of a special weapons and
tactics team and performing special weapons and tactics
responsibilities; or

(3) conducts an explosive recovery and
disposal operation to render safe or disassemble an explosive
or incendiary device and materials.

E. A peace officer who violates the provisions of
this section is guilty of a misdemeanor and shall be sentenced
pursuant to the provisions of Section 31-19-1 NMSA 1978.

F. As used in this section:

(1) "face covering" means an opaque mask, a
garment, a helmet, headgear or another item, including a
balaclava, tactical mask, gator, ski mask or similar type of
facial covering or face-shielding item, that conceals or
obscures the facial features or identity of a peace officer;

(2) "law enforcement agency" means:

(a) an entity of a city, county or local
agency that employs a peace officer;

(b) the New Mexico state police;

(c) a law enforcement agency of another
state; or

(d) a federal law enforcement agency;

(3) "peace officer" means a federal, state or
local full-time salaried or certified part-time salaried
officer who by virtue of office or public employment is vested
by law with the duty to maintain the public peace; and

(4) "undercover operation" means an operation
that:

(a) is conducted by one or more law
enforcement agencies that is focused on a suspect or suspects
who are the target of an ongoing criminal investigation;

(b) involves one or more peace officers
who are covert operatives and whose identities are concealed
and kept confidential; and

(c) is designed either to obtain
information about criminal activity of individuals or
organizations through the development of ongoing relationships
with individuals or organizations or to effect an arrest."

SECTION 2.
EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect immediately.

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