Title 19.2. Criminal Procedure
Chapter 7.1. Law-Enforcement Officer Conduct During an Arrest or Detention
§ 19.2-83.6:2. Prohibition on wearing of facial coverings; penalty.
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.
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.
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. A translucent face shield or clear mask, provided that such face shield or mask does not conceal the wearer's identity;
2. An N95 medical mask or surgical mask to protect against the transmission of disease or infection;
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. A mask, helmet, or other device necessary for underwater use;
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. Protective eyewear necessary for protection against retinal weapons, including lasers;
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. 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.
D. (Effective until June 30, 2028) 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. Any law-enforcement officer engaged in (a) special weapons and tactics (SWAT) teams or other specialized tactical teams or units while engaged in the performance of official SWAT team duties, or (b) undercover, drug, gang, executive protection, or surveillance units where the protection of such law-enforcement officers' identities are necessary, is exempt from the provisions of this subsection.
D. (Effective June 30, 2028) 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.
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.
