HF 2233 (LSB 5096YH (5) 91)

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 providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  804.5A  Facial coverings.
   1.  For purposes of this section:
   a.  (1)  “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)  “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 policies and procedures.
   (b)  A medical 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 the officer’s duties.
   (e)  Eyewear necessary to protect from the use of retinal weapons, including but not limited to lasers.
   b.  “Peace officer” means a state patrol officer or a regularly employed member of a police force of a city or county as well as any officer or agent of a federal law enforcement agency or any law enforcement agency from another state or any person acting on behalf of a federal law enforcement agency or law enforcement agency of another state.
   2.  A peace officer shall not wear a facial covering in the performance of the officer’s duties.
   3.  A peace officer who willfully and knowingly violates this section is guilty of a serious misdemeanor.
   4.  Notwithstanding any other law, any peace officer 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 the officer’s tortious conduct against a claim of civil liability, and shall be liable to the individual bringing such claim for actual damages or statutory damages of not less than ten thousand dollars, whichever is greater.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to facial coverings worn by peace officers.
   The bill provides that a peace officer shall not wear a facial covering in the performance of the officer’s duties. A “facial covering” is defined as 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. The bill lists items not considered to be a “facial covering”.
   A person who violates the bill is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.
   The bill provides that a peace officer 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 the bill, is not entitled to assert any privilege or immunity for the officer’s tortious conduct against a claim of civil liability, and shall be liable to the injured individual for actual damages or statutory damages of not less than $10,000, whichever is greater.