(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Facial covering" means any opaque mask, garment, or other item that conceals or obscures the facial identity of an individual including, but not limited to, a balaclava, tactical mask, gator, ski mask, and any similar type of facial covering or face-shielding item. "Facial covering" does not include any of the following:
(i) A translucent face shield or clear mask that does not conceal the wearer's facial identity.
(ii) An N95 medical mask or surgical mask to protect against transmission of disease or infection or any other mask or device including, but not limited to, air-purifying respirators, full or half masks, or self-contained breathing apparatuses necessary to protect against exposure to any toxin, gas, smoke, or any other hazardous environmental condition.
(iii) A helmet used to protect the wearer's head during transportation on a bicycle, wheeled all-terrain vehicle as defined in RCW
46.09.310, snowmobile as defined in RCW
46.04.546, helicopter, or any other vehicle for which a helmet may be used to protect the wearer's head.
(iv) A head or face covering worn for religious purposes.
(b) "Law enforcement officer" means any peace officer defined in RCW
10.116.010 or any employee or agent of the United States government who has the authority to carry firearms and make warrantless arrests and whose duties involve the enforcement of criminal, customs, or immigration laws of the United States.
(c) "Undercover operation" means a planned act authorized by supervising agents, agencies, or a court warrant that uses an undercover operative to intentionally interact with a suspected criminal violator or others, or to obtain evidence of criminal activity.
(d) "Undercover operative" means a law enforcement officer using an assumed name or cover identity to interact with nonlaw enforcement individuals or entities to collect evidence of criminal activity.
(2) Consistent with RCW
10.116.050, a peace officer shall be reasonably identifiable by the officer's clearly displayed name or other information on the officer's uniform that members of the public can see and the agency can use to identify the officer.
(3) A law enforcement officer shall not wear a facial covering while interacting with the public in the performance of the officer's duties.
(4) This section does not apply to the following:
(a) An officer performing their duties as an undercover operative during an active undercover operation;
(b) Protective gear used by special weapons and tactics team officers that are necessary to protect their faces from harm while performing their special weapons and tactics team responsibilities; or
(c) An officer utilizing personal protective equipment as required or authorized under the occupational safety and health act of 1970 (Public Law 91-596; 84 Stat. 1590) or chapter
49.17 RCW and rules adopted pursuant to the federal act or chapter
49.17 RCW.
(5) A person detained by a law enforcement officer in violation of this section may bring a civil action for damages against the officer in his or her official capacity, but an officer is not liable if, at the time of detention, the officer was in compliance with subsection (2) of this section. A prevailing claimant is entitled to recover any or all of the following remedies upon request: (a) Compensatory damages; (b) punitive damages; (c) costs and reasonable attorneys' fees; (d) injunctive relief; and (e) any other relief deemed appropriate by the court.
