Amendment ID: S2655-16

Amendment 16

No Secret Police

Ms. Rausch, Ms. Edwards, Messrs. Mark, Oliveira and Eldridge, Ms. Jehlen, Ms. Kennedy, Ms. Miranda and Mr. Gómez move that the proposed new text be amended by adding the following new section:-

SECTION 43A. Said chapter 268, as so appearing, is hereby further amended by adding the following new section:-

Section 34B. (a) A law enforcement officer shall not wear a facial covering in the performance of their duties except as necessary for: (i) active undercover operations or assignments authorized by court order; (ii) tactical operations where protective gear is required for personal safety; (iii) compliance with applicable law governing reasonable accommodations for a documented disability or occupational health and safety; or (iv) protection of identity during active prosecution; provided, however, that a facial covering may be used only if no other reasonable alternative exists and the necessity is documented. Whoever violates this section shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 2 1/2 years, or both.

(b) For purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:

“Facial covering”, any opaque mask, garment, helmet, headgear or other item that conceals or obscures the facial identity of an individual, including but not limited to a balaclava, tactical mask, gator, ski mask and any similar type of facial covering or face-shielding item. "Facial covering" does not include: (i) a translucent face shield or clear mask that does not conceal the wearer’s facial identity; (ii) an N95 respirator, surgical mask, or other medical grade mask or device to protect against transmission of disease or infection, including but not limited to full or half masks, air-purifying respirators or self-contained breathing apparatus necessary to protect against exposure to any toxin, gas, smoke or other hazardous or harmful environmental condition; (iii) a mask, helmet or device necessary for underwater use, including but not limited to a self-contained breathing apparatus; (iv) a motorcycle helmet when worn by an officer utilizing a motorcycle or other vehicle that requires a helmet for safe operations while in the performance of their duties; or (v) eyewear necessary to protect from the use of retinal weapons, including but not limited to lasers.

“Law enforcement officer”, (i) an officer, employee or other person acting on behalf or under the authority of a local, state, or federal law enforcement agency, including but not limited to any law enforcement agency of another state; and (ii) a person acting on behalf or under the authority of the commonwealth or any department, agency, office or subdivision thereof, or the United States or any department, agency or office thereof. "Law enforcement officer" does not include an officer assigned to special weapons and tactics team units while actively performing their SWAT responsibilities.