1. A. For the purposes of this section:

   "Facial covering" means any opaque mask, garment, helmet, headgear, or other item or device whereby a substantial portion of the face is hidden or covered to conceal the identity of the wearer, including a balaclava, tactical mask, gator, ski mask, or other similar face-shielding item or device. "Facial covering" does not include sunglasses or prescription eyewear, provided that such sunglasses or eyewear does not otherwise conceal a substantial portion of the wearer's face.

   "Law-enforcement agency" means any agency or department responsible for the prevention and detection of crime and the enforcement of the penal, traffic, or highway laws of the Commonwealth.

   "Law-enforcement officer" means (i) the same as that term is defined in § 9.1-101 and (ii) any full-time or part-time employee of a federal law-enforcement agency.

2. B. Except as provided in subsection C, no law-enforcement officer shall wear a facial covering that conceals, obscures, or otherwise covers his face while such law-enforcement officer is engaged in the performance of his official duties.

3. C. The provisions of this section shall not apply to the use of the following by a law-enforcement officer when engaged in the performance of his official duties:

   1. 1. A translucent face shield or clear mask, provided that such face shield or mask does not conceal the wearer's identity;
   2. 2. An N95 medical mask or surgical mask to protect against the transmission of disease or infection;
   3. 3. A mask, helmet, or other device necessary to protect against exposure to any toxin, gas, smoke, severe weather conditions that present a threat to health and safety, such as during the period for which a cold weather advisory has been issued for the area by the National Weather Service, or other hazardous or harmful environmental condition, including a respirator or self-contained breathing apparatus;
   4. 4. A mask, helmet, or other device necessary for underwater use;
   5. 5. A motorcycle helmet, or, when agency policy determines, other facial covering when a law-enforcement officer is utilizing a motorcycle or other vehicle that requires a helmet for safety, provided that the law-enforcement officer lowers or removes such facial covering to expose the law-enforcement officer's face before he engages with another person;
   6. 6. Protective eyewear necessary for protection against retinal weapons, including lasers;
   7. 7. A facial covering used by any law-enforcement officer assigned to a special weapons and tactics (SWAT) team or other specialized tactical team or unit while engaged in the performance of official SWAT team duties; or
   8. 8. A facial covering worn by a law-enforcement officer who is assigned to an undercover, drug, gang, or surveillance unit where the protection of such law-enforcement officer's identity is necessary as determined by the law-enforcement agency overseeing such unit or other responsible law-enforcement agency.
4. D. Except as otherwise provided by this section, a law-enforcement officer, while engaged in the performance of his official duties, shall visibly display (i) a badge or insignia bearing such law-enforcement officer's name or other individual identifier unique to that particular law-enforcement officer and (ii) the name of the law-enforcement agency that employs such law-enforcement officer.
5. E. A law-enforcement officer who violates the provisions of this section is guilty of a Class 1 misdemeanor unless the law-enforcement agency that employs such law-enforcement officer has adopted and established a written policy for the use of facial coverings, using as guidance the model policy established by the Department of Criminal Justice Services under § 9.1-102.

2026, cc. 1131, 1132.