A state legislative measure that would ban federal and local law enforcement from concealing their identity had its first hearing in the Senate Judiciary Committee on Tuesday.
The so-called “no secret police bill” is largely being considered in response to U.S. Immigration and Customs Enforcement officers wearing masks and covering their badges while on patrol or detaining people.
“Clear identification is a fundamental principle of policing in a democratic society and is essential to due process and public trust for the communities the legal clinic serves, including asylum seekers, survivors of crime, and individuals with limited English proficiency,” The Legal Clinic Hawaii Community and Policy Advocate Tina Sablan told lawmakers.
“The ability to identify law enforcement officers is critical to safety officers who obscure their faces and identities without clear necessity can create fear, confusion, and hesitation to seek help.”
The bill includes exceptions for undercover officers, motorcycle helmets, or medical reasons.
But state Department of Law Enforcement Deputy Director Jared Redulla explained the bill still may impact future undercover operations.
“In order to preserve those people who I might need in the future, we might say, ‘Hey, we're going to go on an operation today, cover your face because I may not need you today on an undercover assignment, but I may need you in a few months, a year from now,” he said. “It's important that we protect people who we may need in the future because we don't have a big pool of candidates or employees to draw from.”
He wanted to see more carve-outs for local law enforcement. The Honolulu Police Department’s policy already prohibits masks.
Gov. Josh Green and House leadership have expressed support for these types of “no secret police” policies.
California passed a similar measure, but it is currently not being enforced due to a court injunction.
The Hawaiʻi Senate Judiciary Committee will make its decision on the measure on Thursday.
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