The Penal Code makes it a misdemeanor for any person to wear a mask, false whiskers, or any complete or partial disguise for the purpose of evading or escaping discovery, recognition, or identification in the commission of any public offense, or for concealment, flight, evasion, or escape from arrest or conviction for any public offense.
SB 627 makes it a misdemeanor for a local, state, or federal law enforcement officer to wear a “facial covering”, as that term is defined, that conceals or obscures that officer’s facial identity in the performance of their duties.
The prohibition does not apply to certain narrowly tailored exemptions or when an officer is assigned to a Special Weapons and Tactics (SWAT) unit while actively performing SWAT duties.
SB 627 provides that any officer found to have committed certain enumerated torts while wearing a facial covering in knowing and willful violation of this prohibition is not entitled to assert any privilege or immunity in a civil action and is liable for the greater of actual damages or statutory damages of no less than $10,000.
SB 627 also requires law enforcement agencies operating in California to maintain and publicly post a written policy regarding the use of facial coverings by July 1, 2026.
SB 627 enumerates the minimum requirements that must be included in the written policy, which shall be deemed consistent with Penal Code section 185.5, unless a verified written challenge to its legality is submitted by a member of the public. Upon receipt of the verified written challenge, the agency shall be afforded 90 days to correct any deficiencies, and if it fails to do so, the complaining party may challenge the written policy in a court of competent jurisdiction.
SB 627 requires that the written policy remain in effect until the court rules that it is not in compliance with Penal Code section 185.5 and all potential appeals to higher courts have been exhausted.
(SB 627 adds Section 185.5 to the Penal Code and Section 7289 to the Government Code.)