House File 2233 - Introduced HOUSE FILE 2233 BY CROKEN , MADISON , KURTH , AMOS JR. , and RAMIREZ A BILL FOR An Act relating to facial coverings worn by peace officers and 1 providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5096YH (5) 91 as/js

H.F. 2233 Section 1. NEW SECTION . 804.5A Facial coverings. 1 1. For purposes of this section: 2 a. (1) “Facial covering” means any opaque mask, garment, 3 helmet, headgear, or other item that conceals or obscures the 4 facial identity of an individual including but not limited to a 5 balaclava, tactical mask, gator, ski mask, and any similar type 6 of facial covering or face-shielding item. 7 (2) “Facial covering” does not include any of the following: 8 (a) A translucent face shield or clear mask that does not 9 conceal the wearer’s facial identity and is used in compliance 10 with the employing agency’s policies and procedures. 11 (b) A medical or surgical mask to protect against 12 transmission of disease or infection or any other mask, 13 helmet, or device, including but not limited to air-purifying 14 respirators, full or half masks, or self-contained breathing 15 apparatus necessary to protect against exposure to any toxin, 16 gas, smoke, inclement weather, or any other hazardous or 17 harmful environmental condition. 18 (c) A mask, helmet, or device, including but not limited to 19 a self-contained breathing apparatus, necessary for underwater 20 use. 21 (d) A motorcycle helmet when worn by an officer utilizing 22 a motorcycle or other vehicle that requires a helmet for safe 23 operations while in the performance of the officer’s duties. 24 (e) Eyewear necessary to protect from the use of retinal 25 weapons, including but not limited to lasers. 26 b. “Peace officer” means a state patrol officer or a 27 regularly employed member of a police force of a city or county 28 as well as any officer or agent of a federal law enforcement 29 agency or any law enforcement agency from another state or any 30 person acting on behalf of a federal law enforcement agency or 31 law enforcement agency of another state. 32 2. A peace officer shall not wear a facial covering in the 33 performance of the officer’s duties. 34 3. A peace officer who willfully and knowingly violates this 35 -1- LSB 5096YH (5) 91 as/js 1/ 3

H.F. 2233 section is guilty of a serious misdemeanor. 1 4. Notwithstanding any other law, any peace officer 2 who is found to have committed an assault, battery, false 3 imprisonment, false arrest, abuse of process, or malicious 4 prosecution, while wearing a facial covering in a knowing and 5 willful violation of this section, shall not be entitled to 6 assert any privilege or immunity for the officer’s tortious 7 conduct against a claim of civil liability, and shall be liable 8 to the individual bringing such claim for actual damages or 9 statutory damages of not less than ten thousand dollars, 10 whichever is greater. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to facial coverings worn by peace 15 officers. 16 The bill provides that a peace officer shall not wear a 17 facial covering in the performance of the officer’s duties. 18 A “facial covering” is defined as any opaque mask, garment, 19 helmet, headgear, or other item that conceals or obscures the 20 facial identity of an individual including but not limited to 21 a balaclava, tactical mask, gator, ski mask, and any similar 22 type of facial covering or face-shielding item. The bill lists 23 items not considered to be a “facial covering”. 24 A person who violates the bill is guilty of a serious 25 misdemeanor. A serious misdemeanor is punishable by 26 confinement for no more than one year and a fine of at least 27 $430 but not more than $2,560. 28 The bill provides that a peace officer who is found to 29 have committed an assault, battery, false imprisonment, false 30 arrest, abuse of process, or malicious prosecution, while 31 wearing a facial covering in a knowing and willful violation of 32 the bill, is not entitled to assert any privilege or immunity 33 for the officer’s tortious conduct against a claim of civil 34 liability, and shall be liable to the injured individual for 35 -2- LSB 5096YH (5) 91 as/js 2/ 3

H.F. 2233 actual damages or statutory damages of not less than $10,000, 1 whichever is greater. 2 -3- LSB 5096YH (5) 91 as/js 3/ 3