California Legislature passes bill banning most law enforcement from wearing face masks

Lawmakers in California passed a bill on Thursday banning most local and federal law enforcement officers from covering their faces during operations, including immigration enforcement.

Senate Bill 627, known as the No Secret Police Act, was introduced by Democratic state Sens. Scott Wiener of San Francisco and Jesse Arreguin of Berkeley in June after immigration operations ramped up across the state as part of President Trump’s crackdown on illegal immigration. The bill will now head to Gov. Gavin Newsom’s desk for final approval. 

Weiner said the goal of the bill is to boost transparency and support public safety by increasing public trust in law enforcement. He also said this California bill has inspired similar bills across the country in Tennessee, Michigan, Illinois, New York, Massachusetts and Pennsylvania. It passed the Senate floor with 28 votes to 11.

CBS Los Angeles has reached out to the Department of Homeland Security and U.S. Immigration and Customs Enforcement for comment. 

“We have to stand up and say no to the secret police raining fear and intimidation on communities across California,” Wiener said. “Law enforcement should never be easily confused with the guy in the ski mask robbing a liquor store, yet that’s what’s happening with ICE’s extreme masking. In the face of rising fascism, California must hold those who are threatening our communities accountable and restore confidence in our local law enforcement who are proud to show their faces.”

In an exclusive interview on “Face the Nation with Margaret Brennan” in July, Todd Lyons, the acting director of ICE, told CBS News he’s not a “proponent” of agents wearing face coverings during arrest operations, but he will allow them to do so out of concerns about their safety.

“However, if that’s a tool that the men and women of ICE to keep themselves and their family safe, then I will allow it,” Lyons said during his first television network sit-down interview at ICE headquarters in Washington. “I do kind of push back on the criticism that they don’t identify themselves.”

If signed by Newsom, the law would apply to local and federal officers, and officers for other state agencies operating in California, with limited exemptions. 

It would ban them from wearing a “mask, false whiskers, or any personal disguise, as specified, with the purpose of evading or escaping discovery, recognition, or identification while committing a public offense,” according to the bill. 

Supporters of the bill said it will stop people from impersonating law enforcement officers, which has become a growing concern.

The bill does come with a list of exemptions, including:

  • SWAT teams
  • Approved undercover assignments
  • Motorcycle helmets
  • Eyewear to protect against retinal weapons
  • N95 medical or surgical mask
  • Breathing apparatuses necessary to protect against toxins, gas, and smoke
  • Masks to protect against inclement weather
  • Masks for underwater operations

The president of the California Statewide Law Enforcement Association, Alan Wayne Barcelona, wrote a letter to Weiner’s office when the bill was initially proposed, opposing it. He said it undermined the safety of officers and ignored operational realities. 

“It disregards everyday scenarios where anonymity is not just helpful but essential: undercover assignments, organized crime surveillance, narcotics investigations, and even some patrol or crowd control work,” Barcelona said. 

On Thursday, Senate Bill 805, known as the No Vigilantes Act, also passed the California Legislature. The bill was introduced by Democratic state Sen. Sasha Renée Pérez of Pasadena and other community leaders in June.

If signed into law, it would require law enforcement officers in California to “clearly display identification featuring either their name or badge number.”

“In a normal world, this legislation would be unnecessary and unheard of. But these are extraordinary times and we must protect Californians from fear of police impersonation,” Pérez said. “With the rise in impersonation claims and the ensuing fear and confusion being created, there is a clear need for stronger, more consistent standards for law enforcement identification.”

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