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HB 366 DE
Introduced

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO LAW ENFORCEMENT IDENTIFICATION.

DE · session 153 · Assembly / House · bill

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Introduced Apr 16, 2026

Latest action (May 21, 2026) Stricken in House

Summary

This bill prohibits Delaware law enforcement officers from wearing facial coverings that obscure their identity while performing their official duties. The bill defines prohibited facial coverings to include balaclavas, ski masks, and tactical masks. Exceptions are made for undercover operations, criminal investigations, and high-risk SWAT operations. The bill does not restrict protective equipment such as medical masks or respirators used for health and safety purposes. Law enforcement officers are authorized to intervene and verify the identity of any person claiming to be law enforcement while wearing a prohibited facial covering.

AI-generated plain-language summary of the bill (from the OpenStates abstract — no full text available yet) — neutral, and may be imperfect.

Official abstract

This Act prohibits law-enforcement officers from wearing facial coverings that obscure the identity of the individual wearing them in the course of their duties, with exceptions for undercover operations and exigent circumstances. This Act ensures that law enforcement officers in Delaware cannot wear masks or facial coverings that hide their identity when they are carrying out their official duties. Our community deserves to know who is enforcing the law, and clear identification is essential to building trust between residents and law enforcement. When law enforcement officers are acting in public and exercising authority, people should be able to see their faces. This improves accountability, strengthens public confidence, and makes Delaware safer for everyone. The bill defines “facial covering” to include items like balaclavas, ski masks, or tactical masks that obscure the face. It does not ban protective equipment such as medical masks, respirators, or breathing devices that officers need for health and safety, nor does it interfere with undercover operations that require anonymity. It also specifically exempts undercover operations that occur during the course of a criminal investigation or for SWAT teams that are specially trained police units used in high-risk situations that go beyond the capacity of regular patrol officers. This Act serves to empower Delaware law enforcement officers to intervene and verify the identity of any person claiming or otherwise acting as law enforcement while wearing a facial covering, but nothing in this Act diminishes the discretion of law enforcement officers to determine whether it is appropriate to stop or charge any person.

Sponsors (12)

Action history (2)

  1. Apr 16, 2026 Introduced and Assigned to Judiciary Committee in House · lower
  2. May 21, 2026 Stricken in House · lower

Full text

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