Vermont Senate advances ID standards bill banning masks during public law-enforcement encounters

Senator Hashim reported the Judiciary Committee's recommendation Wednesday, outlining S.208 as a statewide standard that would require law-enforcement officers to display an officer's name or a unique badge or radio number and to identify their agency when interacting with members of the public. The bill would generally prohibit masks or personal disguises during public interactions while listing exceptions for legitimate safety or operational needs.

The bill's exceptions include situations such as SCUBA recovery operations, smoke inhalation or hazardous-material protection, undercover drug investigations, tactical support, cold-weather gear and cases involving the investigation of child sexual-exploitation. Senator Hashim said those exceptions were deliberately written to allow legitimate protective and investigative work to continue.

The statute as drafted would create civil penalties for violations: a $1,000 ticket for a first offense and $2,500 for a second or subsequent offense, with the Vermont Judicial Bureau having jurisdiction over those civil violations and the law to take effect on passage, Hashim said.

Hashim addressed constitutional concerns raised about federal agents, saying the bill was intended to apply nondiscriminatorily to "all law enforcement operating in our state, whether it's a state trooper or a deputy or an ICE agent," and that no federal statute currently expressly authorizes masking, so express or implied preemption would not apply. He discussed intergovernmental-immunity principles and argued the bill was designed not to impermissibly regulate federal officers or discriminate against the federal government.

In floor remarks supporting the bill, the senator from Chittenden Central said constituents repeatedly tell him to "do something," citing national images of masked agents; the senator said S.208 sends a simple message that "No law enforcement officer in Vermont will be permitted to wear a mask" in public interactions and urged a strong vote.

The Judiciary Committee heard testimony from a range of witnesses, Hashim said, including legislative counsel; a constitutional-law professor from Columbia University; representatives of the attorney general's office; the commanders of the Vermont drug task force and the internet-crimes-against-children task force; a lieutenant colonel of the Vermont State Police; the commissioner of the Department of Public Safety; directors from the Vermont Criminal Justice Council, the Office of Racial Equity and Migrant Justice; and the ACLU of Vermont. He reported a 5–0 committee vote in favor of the committee's recommendation.

The Senate called a roll-call vote on the committee amendment and whether to order the bill read a third time. The secretary announced 27 senators voting yes and 2 senators voting no; the ayes prevailed and the Senate ordered third reading of S.208. Senators Ingalls and Williams were recorded as voting no.

Next steps: the Senate has ordered S.208 for third reading and further floor action will follow on that calendar day.