Idaho bill would restrict law enforcement facial coverings

BOISE — The Senate State Affairs committee voted Friday to introduce a bill that would place restrictions on when law enforcement in the state can use facial coverings. The committee's vote allows the bill to return for a public hearing at a later date.

Sen. Janie Ward-Engelking, D-Boise, who authored the bill, said it was similar to legislation pending in Utah and neighboring states that seeks to restrict the use of facial coverings by law enforcement. While Utah’s bill specifically names Immigration and Customs Enforcement (ICE) as its primary subject, Ward-Engelking’s bill does not identify a specific law enforcement agency.

She said her chief concern was addressing what she feels is a potential public safety issue in Idaho.

“How would a person know this is law enforcement and not a nefarious person, maybe a human trafficker,” Ward-Engelking said. “I think it’s realistic to think that members of our state would be frightened.”

The bill would restrict law enforcement officers, including those at the city, county, state and federal levels, from wearing items that conceal or obscure their facial identity. However, several exceptions are in the bill.

These exemptions include officers engaged in undercover operations, officers involved in tactical operations requiring protective gear, protection of identity during prosecution, officers assigned to SWAT teams and “applicable law governing reasonable accommodations.”

Additional exceptions also exist for the type of masks that officers cannot wear, including:

• A translucent face shield or clear mask

• An N95 medical mask, surgical mask or other device to protect against exposure to “toxin, gas, smoke, inclement weather," and other harmful environmental conditions

• Devices necessary for underwater use 

• Eyewear to protect from retinal weapons like lasers

A final provision in the bill addresses law enforcement immunity claims. It states that any person “found to have committed an assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution” while wearing a facial covering in violation of the bill loses the ability to assert privilege or immunity against civil liability.

The penalty for violating this provision is either the actual damages determined in a lawsuit or damages of no less than $10,000, whichever is greater.

Ward-Engelking said she hopes the bill can spark a broader discussion about the balance between law enforcement safety and public safety.

"I think it's frightening to think that you have an unmarked car pull somebody over, drag them out of a vehicle with no identification and no way to see their face and verify that this is a law enforcement officer," she said.