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S08462 Summary:

BILL NOS08462
 
SAME ASSAME AS A08908
 
SPONSORFAHY
 
COSPNSRSALAZAR, MAYER, KRUEGER, MAY, SEPULVEDA
 
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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S08462 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8462
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      July 21, 2025
                                       ___________
 
        Introduced  by  Sens.  FAHY,  SALAZAR,  MAYER, KRUEGER -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Rules
 
        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

        S. 8462                             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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