HOUSE BILL 208

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Janelle Anyanonu and Dayan Hochman-Vigil

and Javier Martínez and Antoinette Sedillo Lopez

 

 

 

 

AN ACT

RELATING TO LAW ENFORCEMENT; REQUIRING PEACE OFFICERS TO CARRY AND PRESENT FOR INSPECTION IDENTIFYING CREDENTIALS TO A MEMBER OF THE PUBLIC IN CERTAIN CIRCUMSTANCES; PROHIBITING A PEACE OFFICER FROM CONCEALING THE PEACE OFFICER'S IDENTITY OR THE NAME OF THE PEACE OFFICER'S LAW ENFORCEMENT AGENCY OF EMPLOYMENT IN CERTAIN CIRCUMSTANCES; PROVIDING EXCEPTIONS; PROVIDING A PENALTY; DECLARING AN EMERGENCY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 29, Article 1 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] REQUIRING PEACE OFFICERS TO CARRY IDENTIFICATION AND PRESENT IDENTIFICATION FOR INSPECTION UPON REQUEST--PROHIBITING THE CONCEALMENT OF IDENTITY--EXCEPTIONS--PENALTY.--

          A. A peace officer shall not wear a face covering while interacting with the public in the performance of the peace officer's duties, except for medical-grade surgical masks or N95 or similar respirators designed to prevent the transmission of airborne diseases or masks designed to protect against exposure to smoke during a declared state of emergency related to wildfire.

          B. At all times when a peace officer is on duty or responds to a call for service or upon initiation of any law enforcement or investigative encounter between the peace officer and a member of the public, the peace officer shall:

                (1) carry on the peace officer's person identifying credentials showing the peace officer's name, rank and law enforcement agency of employment;

                (2) have displayed on a conspicuous place on the peace officer's outermost clothing the peace officer's name, badge number, rank and agency; and

                (3) present for inspection the identifying credentials to a member of the public upon request.

          C. A peace officer shall not knowingly or willfully conceal the peace officer's identity, including the peace officer's face, or the name of the peace officer's law enforcement agency of employment whenever the peace officer is on duty.

          D. The provisions of Subsections A through C of this section shall not apply when a peace officer in the course of employment:

                (1) conducts an undercover operation sanctioned by the peace officer's law enforcement agency of employment;

                (2) is a member of a special weapons and tactics team and performing special weapons and tactics responsibilities; or

                (3) conducts an explosive recovery and disposal operation to render safe or disassemble an explosive or incendiary device and materials.

          E. A peace officer who violates the provisions of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          F. As used in this section:

                (1) "face covering" means an opaque mask, a garment, a helmet, headgear or another item, including a balaclava, tactical mask, gator, ski mask or similar type of facial covering or face-shielding item, that conceals or obscures the facial features or identity of a peace officer;

                (2) "law enforcement agency" means:

                     (a) an entity of a city, county or local agency that employs a peace officer;

                     (b) the New Mexico state police;

                     (c) a law enforcement agency of another state; or

                     (d) a federal law enforcement agency;

                (3) "peace officer" means a federal, state or local full-time salaried or certified part-time salaried officer who by virtue of office or public employment is vested by law with the duty to maintain the public peace; and

                (4) "undercover operation" means an operation that:

                     (a) is conducted by one or more law enforcement agencies that is focused on a suspect or suspects who are the target of an ongoing criminal investigation;

                     (b) involves one or more peace officers who are covert operatives and whose identities are concealed and kept confidential; and

                     (c) is designed either to obtain information about criminal activity of individuals or organizations through the development of ongoing relationships with individuals or organizations or to effect an arrest."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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