HOUSE BILL NO. 4760

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 396a.

the people of the state of michigan enact:

Sec. 396a. (1) Except as provided under subsections (2) and (3), a law enforcement officer, while interacting with a member of the public in the performance of the law enforcement officer's duties, shall wear appropriate identification and shall not wear a mask or personal disguise.

(2) A law enforcement officer is not required to wear appropriate identification during a covert operation.

(3) A law enforcement officer may wear a mask in any of the following circumstances:

(a) To prevent the law enforcement officer from contracting an airborne disease, the law enforcement officer may wear a mask that is designed to prevent the transmission of airborne disease.

(b) To protect the law enforcement officer from airborne toxins that could trigger illness in an individual immediately or in the future, the law enforcement officer may wear a mask that protects against exposure to the airborne toxins.

(c) To protect the law enforcement officer from physical harm while engaged in high-risk situations, including, but not limited to, a shootout, standoff, hostage-taking situation, or terrorist situation, the law enforcement officer may wear a mask that provides physical protection to the face.

(4) A law enforcement officer who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $1,000.00.

(5) As used in this section:

(a) "Appropriate identification" means items that display both of the following:

(i) The law enforcement officer's name or badge number.

(ii) The full name or initials of the law enforcement officer's employing law enforcement agency.

(b) "Covert operation" means an operation during which a law enforcement officer must conceal the officer's identity or purpose to investigate and gather evidence of criminal activity.

(c) "Law enforcement officer" includes both of the following:

(i) A law enforcement officer as that term is defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602.

(ii) A federal law enforcement officer.

(d) "Personal disguise" means any alteration of an individual's appearance with the intent to conceal the individual's identity or mislead others.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.