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A08908 Summary:

BILL NOA08908
 
SAME ASNo Same As
 
SPONSORSimone
 
COSPNSRLasher, Valdez, Shrestha, Levenberg
 
MLTSPNSR
 
Add §838-c, Exec L
 
Prohibits local, state and federal law enforcement officers from wearing any mask or personal disguise while interacting with the public in the performance of their duties; excludes certain protective masks.
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A08908 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8908
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      July 16, 2025
                                       ___________
 
        Introduced  by  M.  of A. SIMONE, LASHER, VALDEZ, SHRESTHA, LEVENBERG --
          read once and referred to the Committee on Codes
 
        AN ACT to amend the executive law, in relation  to    prohibiting    law
          enforcement  officers from wearing any mask or personal disguise while
          interacting with the public in the performance of their duties

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The executive law is amended by adding a new section 838-c
     2  to read as follows:
     3    § 838-c. Masks and disguises prohibited.  1. A law enforcement officer
     4  shall not wear any mask or personal disguise while interacting with  the
     5  public  in  the  performance  of  their duties, except for medical grade
     6  masks that are surgical or N95 respirators designed to prevent the tran-
     7  smission of airborne diseases, masks designed to protect  against  expo-
     8  sure  to  smoke  during  a  fire  involved situation, masks necessary to
     9  perform duties  during  a  water  rescue  operation,  masks  related  to
    10  protection  against  exposure to biological or chemical agents during an
    11  incident where such agents may be present, or masks designed to  protect
    12  against exposure to cold during a declared weather emergency.
    13    2.  Notwithstanding  subdivision  one of this section, special weapons
    14  and tactics (SWAT) team officers are permitted to utilize gear necessary
    15  to protect their faces from physical harm while they perform their  SWAT
    16  responsibilities.
    17    3.  All  law enforcement officers shall be clearly identified by their
    18  name or badge number on their uniforms.
    19    4. For the purposes of this section, "law enforcement  officer"  shall
    20  mean  any  officer of a local, state, or federal law enforcement agency,
    21  or any person acting on  behalf  of  a  local,  state,  or  federal  law
    22  enforcement agency.
    23    5. A violation of this section shall be punishable as a misdemeanor.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13411-02-5

        A. 8908                             2
 
     1    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     2  sion,  section  or  part  of  this act shall be adjudged by any court of
     3  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     4  impair,  or  invalidate  the remainder thereof, but shall be confined in
     5  its  operation  to the clause, sentence, paragraph, subdivision, section
     6  or part thereof directly involved in the controversy in which such judg-
     7  ment shall have been rendered. It is hereby declared to be the intent of
     8  the legislature that this act would  have  been  enacted  even  if  such
     9  invalid provisions had not been included herein.
    10    § 3. This act shall take effect immediately.
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