00                       CS FOR HOUSE BILL NO. 250(STA)                                                                    
01 "An Act establishing the crime of wearing a mask in public while acting as a peace                                      
02 officer; and providing for an effective date."                                                                          
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 11.56 is amended by adding a new section to article 6 to read:                                     
05 Sec. 11.56.880. Wearing a mask in public while acting as a peace officer.                                             
06 (a) A peace officer commits the crime of wearing a mask in public while acting as a                                     
07 peace officer if, while interacting with the public in the peace officer's official                                     
08 capacity, the peace officer knowingly conceals the peace officer's face with a mask or                                  
09       disguise.                                                                                                         
10            (b)  This section does not apply to a peace officer who                                                      
11                 (1)  is on an undercover assignment that is authorized by the officer's                                 
12       supervisor or by a court order;                                                                                   
13                 (2)  is wearing                                                                                         
14                      (A)  a shield that does not obscure the peace officer's face that is                               
01            designed to protect the peace officer's face from harm;                                                      
02 (B)  a medical mask or surgical mask designed to protect                                                                
03 against transmission of disease or infection or any other mask or device,                                               
04 including an air-purifying respirator, a full or half mask, or a self-contained                                         
05 breathing apparatus, necessary to protect against exposure to a toxin, gas,                                             
06 smoke, inclement weather, or another hazardous or harmful environmental                                                 
07            condition;                                                                                                   
08                      (C)  a mask for protection against exposure to smoke;                                              
09                      (D)  a mask while outdoors when the temperature is at or below                                     
10            32 degrees Fahrenheit;                                                                                       
11 (E)  a helmet if the officer is using a motorcycle or other vehicle                                                     
12 that requires a helmet for safe operation while in the performance of the                                               
13            officer's duties;                                                                                            
14 (3)  is participating in a tactical operation for which protective gear is                                              
15 required for immediate physical safety; in this paragraph, "tactical operation" means a                                 
16       planned or emergent law enforcement activity                                                                      
17 (A)  involving the elevated risk of death or serious physical                                                           
18 injury, specialized operational methods, or hazardous environmental                                                     
19            conditions; and                                                                                              
20 (B)  for which a peace officer's use of protective equipment that                                                       
21 partially or fully covers the face is reasonably necessary for officer safety or                                        
22            mission execution and is not intended to conceal the officer's identity;                                     
23 (4)  is assigned to a special weapons and tactics team and is actively                                                  
24       performing responsibilities of that team.                                                                         
25 (c)  Wearing a mask in public while acting as a peace officer is a class B                                              
26       misdemeanor.                                                                                                      
27    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
28 read:                                                                                                                   
29 APPLICABILITY. AS 11.56.880, enacted by sec. 1 of this Act, applies to offenses                                         
30 committed on or after the effective date of this Act.                                                                   
31    * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).