Sec. 35-13E. Masks or facial coverings – prohibited; identification – required.
Montgomery County, Md., Code § 35-13E (2026)
Sec. 35-13E. Masks or facial coverings – prohibited; identification – required.LinkCopy Citation
(a)
Definitions. In this Section, the following terms have the meanings indicated:
Identification means a law enforcement officer’s agency or department, last name, and badge number or other identification number.
Law enforcement agency means a federal, state, or local agency authorized to enforce criminal, civil, or immigration laws in the County.
Law enforcement officer means a sworn member of a law enforcement agency.
(b)
Masks or facial coverings – prohibited. A law enforcement agency operating in the County must not wear a mask or facial covering while interacting with the public in the performance of their duties, except for:
(1)
medical-grade masks that are surgical or N95 respirators designed to prevent the transmission of airborne diseases;
(2)
masks designed to protect against exposure to smoke during a fire;
(3)
masks that are necessary to perform duties during a water rescue operation;
(4)
masks related to protection against exposure to biological or chemical agents during an incident where such agents may be present;
(5)
masks designed to protect against exposure to cold weather during a weather emergency declared by the County Executive or the Governor of Maryland; or
(6)
any other item worn to follow applicable laws on occupational health and safety or reasonable workplace accommodations. Reasonable workplace accommodation must be consistent with existing rules and regulations established by the Chief of Police.
(c)
Notwithstanding subsection (b) of this Section, the Special Weapons and Tactical Team (SWAT) officers are permitted to utilize gear necessary to protect their faces from physical harm while performing SWAT responsibilities.
(d)
Identification for law enforcement officers – requirements.
(1)
A law enforcement officer must wear identification on the outermost layer of clothing while in the performance of duty in the County.
(2)
On request of another, a law enforcement officer must verbally disclose identification while in the performance of duty in the County.
(e)
Reporting a violation or misconduct by a law enforcement officer. A County police officer or a member of the public who witnesses:
(1)
a law enforcement officer wearing a mask or face covering in violation of subsection (b); or
(2)
a law enforcement officer failing to display identification in violation of subsection (d) may file a complaint through an online platform designated by the Executive.
(f)
A violation reported under subsection (e) should include as much information as possible, including:
(1)
the law enforcement officer’s agency or department, last name, badge number, or other identification number;
(2)
the date, time, and location of the alleged violation; and
(3)
a description of what was observed.
(g)
The information submitted through the online portal may be used by the Office of the County Attorney to assist in enforcing a violation of County law under Section 1-18 and to make any appropriate referrals to third parties, including the Police Accountability Board.
(h)
This Section does not apply to a law enforcement officer operating in plainclothes, non-uniformed, undercover capacity, or while engaged in a covert operation.
(i)
Preemption. Nothing in this Section is to be interpreted or applied to create any requirement, power, or duty in conflict with any federal or state law.
(j)
Severability. If any provision of this Section, or any application thereof to any person or circumstance, is found to be unconstitutional or otherwise invalid by a decision of a court of competent jurisdiction, such decision will not affect the validity of the remaining provisions of this Section, which can be implemented without the invalid provisions and, to this end, the provisions of this Section are declared to be severable.
Sec. 2. Short Title. This Section is known as “The Unmask ICE Act.”
Sec. 3. Sunset. Section 1 of this Act must sunset and be of no further force and effect upon the adoption of a uniform policy by the Maryland Police Training and Standards Commission prohibiting the use of face coverings or requiring identification for law enforcement officers, as required by Senate Bill 1 (2026) (cross-filed as House Bill 155 (2026)), enacted by the Maryland General Assembly on April 13, 2026.