§ 185.5. — 185.5. (Added by Stats. 2025, Ch. 125, Sec. 3.)

California § 185.5.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 7.
• Part 1.: TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE
• Ch. 8.: CHAPTER 8. Conspiracy

Text

(a)
A law enforcement officer shall not wear a facial covering that conceals or obscures their facial identity in the performance of their duties, except as expressly authorized in this section.
(b)
(1)
For purposes of this section, “facial covering” means 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.
(2)
A “facial covering” does not include
any of the following:
(A)
A translucent face shield or clear mask that does not conceal the wearer’s facial identity and is used in compliance with the employing agency’s policy and procedures in Section 7289 of the Government Code.
(B)
A N95 medical mask or surgical mask to protect against transmission of disease or infection or any other mask, helmet, or device, including, but not limited to, air-purifying respirators, full or half masks, or self-contained breathing apparatus necessary to protect against exposure to any toxin, gas, smoke,
inclement weather, or any other hazardous or harmful environmental condition.
(C)
A mask, helmet, or device, including, but not limited to, a self-contained breathing apparatus, necessary for underwater use.
(D)
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.
(E)
Eyewear necessary to protect from the use of retinal weapons, including, but not limited to, lasers.
(c)
This section does not apply
to either of the following:
(1)
An officer subject to one or more of the exemptions set forth in paragraph (3) of subdivision (b) of Section 7289 of the Government Code.
(2)
An officer assigned to Special Weapons and Tactics (SWAT) team units while actively performing their SWAT responsibilities.
(d)
A
willful and knowing violation of this section is punishable as an infraction or a misdemeanor.
(e)
For the purposes of this section, “law enforcement officer” means a peace officer, as defined in Section 830, employed by a city, county, or other local agency as well as any officer or agent of a federal law enforcement agency or any law
enforcement agency of another state or any person acting on behalf of a federal law enforcement agency or law enforcement agency of another state.
(f)
The criminal penalties in this section shall not apply to any law enforcement officer if they were acting in their capacity as an employee of the agency and the agency maintains and publicly
posts, no later than July 1, 2026, a written policy pursuant to Section 7289 of the Government Code.
(g)
Notwithstanding any other law, any person who is found to have committed an assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution, while wearing a facial covering in a knowing and willful violation of this section shall not be entitled to assert any privilege or immunity for their tortious conduct against a claim of civil liability, and shall be liable to that individual for the greater of
actual damages or statutory damages of not less than ten thousand dollars ($10,000), whichever is greater.

Legislative History

Added by Stats. 2025, Ch. 125, Sec. 3. (SB 627) Effective January 1, 2026.