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AN ACT Relating to the use of face coverings by law enforcement 1
officers; and adding a new section to chapter 10.116 RCW.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
NEW SECTION. Sec. 1. A new section is added to chapter 10.116 4
RCW to read as follows: 5
(1) The definitions in this subsection apply throughout this 6
section unless the context clearly requires otherwise.7
(a) "Facial covering" means any opaque mask, garment, or other 8
item that conceals or obscures the facial identity of an individual 9
including, but not limited to, a balaclava, tactical mask, gator, ski 10
mask, and any similar type of facial covering or face-shielding item. 11
"Facial covering" does not include any of the following:12
(i) A translucent face shield or clear mask that does not conceal 13
the wearer's facial identity. 14
(ii) An N95 medical mask or surgical mask to protect against 15
transmission of disease or infection or any other mask or device 16
including, but not limited to, air-purifying respirators, full or 17
half masks, or self-contained breathing apparatuses necessary to 18
protect against exposure to any toxin, gas, smoke, or any other 19
hazardous environmental condition. 20
H-2616.1
HOUSE BILL 2173
State of Washington 69th Legislature 2026 Regular Session
By Representatives Cortes, Reed, Salahuddin, Parshley, Tharinger,
Hall, Fosse, Ryu, Callan, Mena, Kloba, Ramel, Simmons, Scott,
Stearns, Peterson, Berry, Pollet, Obras, Santos, Fitzgibbon, Zahn,
Nance, Street, Wylie, Duerr, Thomas, Stonier, Gregerson, Ormsby,
Berg, Reeves, Thai, Farivar, Macri, Bergquist, Hill, and Donaghy
Prefiled 12/19/25. Read first time 01/12/26. Referred to Committee
on Community Safety.
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(iii) A helmet used to protect the wearer's head during 1
transportation on a bicycle or motorized vehicle. 2
(b) "Law enforcement officer" means any peace officer defined in 3
RCW 10.116.010 or any employee or agent of the United States 4
government who has the authority to carry firearms and make 5
warrantless arrests and whose duties involve the enforcement of 6
criminal, customs, or immigration laws of the United States.7
(c) "Undercover operation" means a planned act authorized by 8
supervising agents, agencies, or a court warrant that uses an 9
undercover operative to intentionally interact with a suspected 10
criminal violator or others, or to obtain evidence of criminal 11
activity. 12
(d) "Undercover operative" means a peace officer using an assumed 13
name or cover identity to interact with nonlaw enforcement 14
individuals or entities to collect evidence of criminal activity.15
(2) Consistent with RCW 10.116.050, a peace officer shall be 16
reasonably identifiable by the officer's clearly displayed name or 17
other information on the officer's uniform that members of the public 18
can see and the agency can use to identify the officer.19
(3) A law enforcement officer shall not wear a facial covering 20
while interacting with the public in the performance of their duties.21
(4) This section does not apply to the following:22
(a) An officer performing their duties as an undercover operative 23
during an active undercover operation; or 24
(b) Protective gear used by special weapons and tactics team 25
officers that are necessary to protect their faces from harm while 26
performing their special weapons and tactics team responsibilities.27
(5) A person detained by a peace officer in violation of this 28
section may bring a civil action for damages against the officer in 29
his or her official capacity. A prevailing claimant is entitled to 30
recover any or all of the following remedies upon request: (a) 31
Compensatory damages; (b) punitive damages; (c) costs and reasonable 32
attorneys' fees; (d) injunctive relief; and (e) any other relief 33
deemed appropriate by the court. 34
NEW SECTION. Sec. 2. If any provision of this act or its 35
application to any person or circumstance is held invalid, the 36
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remainder of the act or the application of the provision to other 1
persons or circumstances is not affected. 2
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p. 3 HB 2173