Struck = removed from the bill ·
added = the amendment's new text.
83rdHB OREGON4138-7 LEGISLATIVE(LC ASSEMBLY--202630) Regular2/15/26 Session(JLM/ps) EnrolledRequested House Bill 4138 Sponsored by RepresentativesRepresentative CHAICHI,CHOTZEN TRAN,PROPOSED SenatorAMENDMENTS MANNINGTO JR,HOUSE RepresentativesBILL ANDERSEN,4138 CHOTZEN,On JAVADI,page MCLAIN,1 MUNOZ,of NELSON,the NOSSE,printed WISE,bill, Senatorsdelete CAMPOS,line FREDERICK,3 PHAMand K,insert PROZANSKI;“339.035;
Representativesand FRAGALA,de- GAMBA,claring GOMBERG,an GRAYBER,emergency.”. HUDSON, ISADORE, KROPF, MARSH, MCDONALD, NATHANSON, NGUYEN D, RUIZ, SOSA, WALTERS, Senators GELSER BLOUIN, GOLDEN, JAMA, NERON MISSLIN, PATTERSON, REYNOLDS, SOLLMAN (Presession filed.) CHAPTER .................................................
ANAfter ACTline Relating3, toinsert: limitations on the actions of public employees;
creating“Whereas newthe provisions;Legislative Assembly affirms that law enforcement agencies in Oregon are committed to the principles of transparency, accountability and public trust;
amendingand ORS“Whereas 399.035;Oregonians expect to feel safe when interacting with law enforcement officials;
and declaring“Whereas anlaw emergency.enforcement officers rely on trust to build legitimacy within their communities, which is accomplished by allowing the public the ability to identify officers and communicate with them openly;
Whereasand the“Whereas Legislativefacial Assemblycoverings affirmsand thatmasks, lawwhich enforcementconceal agenciesfacial inidentity Oregonand areexpression, com-can mittedundermine tothat the principles of transparency, accountability and public trust;
and Whereas“Whereas Oregoniansinteraction expectwith tolaw feelenforcement safeofficers whenwhose interactingfaces withare lawvisi- enforcementble officials;can reduce fear and anxiety during stressful encounters;
and Whereas“Whereas lawOregonians enforcementexpect officersall relylaw onenforcement trustagencies toand buildofficers legitimacywho operate within theirthis communities,state whichto isabide accomplished by allowing the publicprinciples theof abilitytransparency, toaccountability identify officers and communicatepublic withtrust; them openly;
and Whereas“Whereas facialit coveringsshall andbe masks,the whichpolicy concealof the State of Oregon that all law enforcement officers operating in Oregon must not wear masks or any facial identitycoverings, except for specific, limited exceptions including undercover oper- ations, Special Weapons and expression,Tactics can(SWAT) under-operations, minefire thatprotection, trust;health and safety and other necessary uses;
andnow, Whereastherefore,”. interaction with law enforcement officers whose faces are visible can reduce fear and anxiety during stressful encounters;
andDelete Whereaslines Oregonians5 expectthrough all16 law enforcement agencies and officersdelete whopages operate2 withinthrough this10 state to abide by the principles of transparency, accountability and publicinsert: trust;
and5 Whereas“LAW itENFORCEMENT shallIDENTIFIABILITY beREQUIREMENTS the“(Identification policyRequirements) of8 the“SECTION State1. of Oregon that all law enforcement officers operating in Oregon must not wear masks or any facial coverings, except for specific, limited exceptions in- cluding undercover operations, Special Weapons and Tactics (SWAT) operations, fire protection, health and safety and other necessary uses;
now,(1) therefore,A Belaw Itenforcement Enactedagency byoperating thewithin Peoplethis ofstate theshall Stateensure ofthat, Oregon:while on duty and actively engaged in official law enforcement activities, each law enforcement officer wears a uni- form clearly and visibly displaying:
LAW“(a) ENFORCEMENTThe IDENTIFIABILITYlast REQUIREMENTSname (Identificationof Requirements)the SECTIONofficer 1.or a unique identifying number associated with the officer in an agency record;
(1)“(b) AThe lawname enforcementof agencythe operatingemploying withinagency; this state shall ensure that, while on duty and actively engaged in official law enforcement activities, each law enforce- ment officer wears a uniform clearly and visibly displaying:
(a)and The“(c) lastAn nameofficially ofissued thebadge. officer or a unique identifying number associated with the offi- cer in an agency record;
(b)“(2) TheThis namesection ofdoes thenot employingapply agency;to a law enforcement officer who:
and“(a) (c)Is Anengaged officiallyin issuedundercover badge.duties as part of the regular per- formance of the officer’s official duties.
Enrolled“(b) HouseIs Billengaged 4138in (HBsecurity 4138-B)or Pageescort 1details (2)as Thispart sectionof doesthe notregular applyperformance toof athe lawofficer’s enforcementofficial officerduties. who:
(a)“(c) IsResponds engagedto inexigent undercovercircumstances, dutiesif asthe partofficer ofis theresponding regularto performancethose ofcircumstances thewhile officer’soff officialduty. duties.
(b)“(d) Is engageda indetective securityassigned orto escortand detailsactively asengaged partin ofinvestigative theduties, regularincluding performanceinterviewing ofvictims theand officer’switnesses. official duties.
(c)“(3) RespondsNothing toin exigentthis circumstances,section ifpreempts a local government from en- acting an ordinance requiring law enforcement agencies operating within the officerlocal isgovernment’s respondingjurisdiction to thoseadopt circum-requirements stancesthat whileare offmore duty.stringent than the requirements of this section, so long as the requirements include the exceptions described in subsection (2) of this section.
(d)HB Is4138-7 a2/15/26 detectiveProposed assignedAmendments to andHB actively4138 engagedPage in2 investigative“(4) duties,As includingused interviewingin victimsthis andsection: witnesses.
(3)“(a) Nothing‘Clearly inand thisvisibly sectiondisplaying’ preemptsmeans ato localwear governmentexternally fromin enactinga ansize ordinanceand re-location quiringsuch lawas enforcementto agenciesbe operatingreasonably withinvisible the local government’s jurisdiction to adopta requirementsmember thatof are more stringent than the requirementspublic ofwith thiswhom section, so long as the requirementsofficer includeinteracts. the exceptions described in subsection (2) of this section.
(4)“(b)(A) As‘Law usedenforcement inactivities’ thismeans section:activities involving pa- trol, investigation, arrest, detention or other direct enforcement of criminal laws.
(a)“(B) “Clearly‘Law andenforcement visiblyactivities’ displaying”does meansnot toinclude wearappearances externallyfor intestimony, atraining sizeor andcommunity locationengagement. such as to be reasonably visible to a member of the public with whom the officer interacts.
(b)(A)“(c) “Law‘Law enforcement activities”agency’ meansincludes: activities involving patrol, investigation, ar- rest, detention or other direct enforcement of criminal laws.
(B)“(A) “LawA law enforcement activities”agency doesthat notemploys includea appearancespeace forofficer testimony,as trainingde- orfined communityin engagement.ORS 133.005.
(c)“(B) “LawA enforcementfederal agency”law includes:enforcement agency.
(A)“(C) A law enforcement agency thatof employsanother astate. peace officer as defined in ORS 133.005.
(B)“(d) A‘Law federalenforcement officer’ means an individual employed or contracted as an officer of a law enforcement agency.
(C)“(Facial ACovering lawProhibition) enforcement“SECTION agency2. of another state.
(d) “Law enforcement officer” means an individual employed or contracted as an officer of a law enforcement agency.
(Facial Covering Prohibition) SECTION 2.
(1)(a)“(1)(a) “Facial‘Facial covering”covering’ means any opaque mask, garment, helmet, headgear, balaclava, tactical mask, gaiter, ski mask or other item that conceals or obscures the facial identity of an individual.
(b)“(b) “Facial‘Facial covering”covering’ does not include:
(A)“(A) A medical-grade mask or respirator, including an N95 medical mask, worn to protect against the transmission of disease or infection, or any other mask, helmet or device, in-including cluding air purifying respirators, full or half masks or self-contained breathing apparatuses, necessary to protect against exposure to any toxin, gas, smoke, flame or extreme or severely inclement weather.
(B)HB 4138-7 2/15/26 Proposed Amendments to HB 4138 Page 3 “(B) A mask, helmet or device, including a self-contained underwaterunder- water breathing apparatus, for use under water.
(C)“(C) A motorcycle or bicycle helmet when worn by a law enforcementenforce- ment officer utilizing a motorcycle, bicycle or other vehicle that requiresre- quires a helmet for safe operation while in the performance of the officer’s duties.
(D)“(D) A fire helmet when worn during an arson investigation.
(E)“(E) Eyewear necessary to protect the eyes from physical objects or the use of retinal weapons, including lasers.
(F)“(F) A translucent face shield or clear mask that does not conceal the wearer’s facial identity and is used in compliance with the employingem- ploying law enforcement agency’s policy.
(2)“(2) “Law‘Law enforcement agency”agency’ includes:
(a)“(a) Any law enforcement agency that employs a peace officer as defined in ORS 133.005.
(b)“(b) Any federal law enforcement agency.
Enrolled“(c) House Bill 4138 (HB 4138-B) Page 2 (c) Any law enforcement agency of another state.
(3)“(3) “Law‘Law enforcement officer”officer’ means an individual employed or contracted as an officer of a law enforcement agency.
SECTION“SECTION 3.
(1) A law enforcement agency operating within this state shall maintain and publicly post a written policy on the use of facial coverings by all sworn law enforcement officers performing officialof- ficial duties for the agency.
(2)“(2) The policy must include, at a minimum, the following:
(a)“(a) A restriction on the use of facial coverings to specific, clearly defined and limited circumstances;
(b)“(b) A requirement that all sworn law enforcement officers performingper- forming official duties for the agency not wear a facial covering while performing official duties;
and (c)“(c) A list of narrowly tailored exceptions from the facial covering HB 4138-7 2/15/26 Proposed Amendments to HB 4138 Page 4 prohibition as described in section 4 (2) of this 2026 Act.
(3)“(3) A supervisor may not knowingly allow a law enforcement officeroffi- cer under the supervisor’s supervision to violate state law or agency policy limiting the use of facial cov-coverings. erings.
(4)“(4) A member of the public, a law enforcement oversight body or a local governing au-authority thority may object to a policy adopted under this section, on the grounds that the policy does not conform with the requirementsre- quirements of this section, by submitting a written objection to the head of the law enforcement agency.
The agency shall have 180 days to correct any defi-deficiencies ciencies in the policy.
If, after 180 days, the agency fails to adequately address the objection, the objecting party may seek an injunction against the law enforcement agency, in the cir-circuit cuit court for any county in which an office of the agency is located, to restrain an actual or threatened violation of the requirements of this section.
(5)“(5) Nothing in this section or section 4 of this 2026 Act preempts a local government from enacting an ordinance requiring law enforcement agencies operating within the local government’s jurisdictionjuris- diction to adopt a policy that is more stringent than the requirements of this section, so long as the policy includes the exceptions from the facial covering prohibition as described in section 4 (2) of this 2026 Act.
SECTION“SECTION 4.
(2)“(2) Subsection (1) of this section does not apply to a law enforcementenforce- ment officer:
(a)“(a) Engaged in undercover duties in the regular performance of the officer’s official du-duties. ties.
(b)“(b) Assigned to a tactical response team, while actively performing tactical duties, if a facial covering is necessary to protect the officer’s HB 4138-7 2/15/26 Proposed Amendments to HB 4138 Page 5 face from physical harm while performing such duties.
For purposes of this paragraph, “tactical‘tactical response team”team’ includes:
(A)“(A) A Special Weapons and Tactics (SWAT) team.
(B)“(B) A hazardous device, bomb or explosive ordnance disposal unit.
(C)“(C) A chemical, biological, radiological, nuclear or explosive (CBRNE) response unit.
(D)“(D) A tactical K-9 unit assigned to support high-risk warrant service,ser- vice, hostage rescue, armed barricade response or active shooter response.re- sponse.
(c)“(c) Working in extreme or severely inclement weather, including freezing temperatures, high wind or highly dusty conditions.
(3)“(3) Notwithstanding subsection (2) of this section, during any time period in which votes for any state or federal election are being collectedcol- lected or tabulated, a law enforcement officer may not, under any circumstances, wear a facial covering while performing official duties within 250 feet of:
(a)“(a) A place of deposit for ballots cast in an election described in ORS 254.470;
(b)“(b) A compartment, shelf or table for the marking of ballots describedde- scribed in ORS 254.472;
or Enrolled“(c) House Bill 4138 (HB 4138-B) Page 3 (c) A voting booth provided under ORS 254.474.
SECTION“SECTION 5.
A law enforcement agency, as defined in section 2 of this 2026 Act, operating within this state shall adopt the policy describedde- scribed in section 3 of this 2026 Act no later than 180 days after the effective date of this 2026 Act.
SECTION“SECTION 6.
ASSISTANCE“ASSISTANCE WITH FEDERAL OR OUT-OF-STATE LAW ENFORCEMENT OPERATIONS SECTIONHB 4138-7 2/15/26 Proposed Amendments to HB 4138 Page 6 “SECTION 7.
(1)“(1) “Public‘Public body”body’ means a public body, as defined in ORS 174.109, and the Oregon Health and Science University.
(2)“(2) “State‘State or local law enforcement agency”agency’ means an entity that employs a peace officer as defined in ORS 133.005.
SECTION“SECTION 8.
(1) An employee of a state or local law enforcement agency or any other public body within this state is prohibited from, within the scope of the person’s employment, intentionally assisting a federal law enforcement agency or a law enforcement agency of anotheran- other state in investigating, apprehending or arresting individuals if the employee knows that the investigation, apprehension or arrest is occurring:
(a)“(a) On the basis of an individual’s conduct protected by Article I, section 8 or 26, of the Oregon Constitution, or the First Amendment to the United States Constitution, including speech, expression, associationasso- ciation or assembly;
(b)“(b) On the basis of an individual’s membership in, or support of another individual based on the other individual’s membership in, a class of persons protected under the Oregon or United States ConstitutionConsti- tution or other state or federal law, including classes based on race, color, religion, sex, sexual orientation, gender identity, national origin,ori- gin, marital status, disa-disability bility or age;
or (c)“(c) As part of an unlawful search or seizure or other surveillance activity conducted in violation of Article I, section 9, of the Oregon Constitution, or the Fourth Amendment to the United States Constitution.Consti- tution.
(2)“(2) The following do not violate subsection (1) of this section:
(a)“(a) Any action or conduct required by state or federal law.
(b)“(b) Any action or conduct required by a judicial subpoena issued as part of a court pro-proceeding ceeding or by another compulsory court-issued HB 4138-7 2/15/26 Proposed Amendments to HB 4138 Page 7 legal process.
(c)“(c) The provision of information, to the extent that the informationinforma- tion is available to the general public and is provided under the same terms and conditions as the information is available to the general public.
SECTION“SECTION 9.
(a)“(a) Identify, or impose civil or criminal liability upon, any individual,indi- vidual, group, association, organization, corporation, business or partnership based on participation in activities pro-protected tected by Article I, section 8 or 26, of the Oregon Constitution, or the First Amendment to the United States Constitution;
(b)“(b) Identify, or impose civil or criminal liability upon, any individual,indi- vidual, group, association, organization, corporation, business or partnership based on membership in, or support of a Enrolled House Bill 4138 (HB 4138-B) Page 4 person based on the person’s membership in, a class of persons protected under the Oregon or United States Constitution or other state or federal law, including classes based on race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, disa-disability bility or age;
or (c)“(c) Identify, or impose civil or criminal liability upon, any individual,indi- vidual, group, association, organization, corporation, business or partnership based on political, religious or social views, associations HB 4138-7 2/15/26 Proposed Amendments to HB 4138 Page 8 or activities.
(2)“(2) The policies described in this section must be based on existing procedures used by the state or local law enforcement agency or other public body to evaluate and respond to external information or assistanceas- sistance requests from outside entities, including governmental requestsre- quests for information or assistance.
SECTION“SECTION 10.
(1)Notwithstanding Priorsections to8 providingand 9 of this 2026 Act, a state or local law enforcement agency or other public body, or an employee or agent of a state or local law enforcement agency or other public body, may upon request provide assistance or cooperatingcooperate with, or allowingallow time, money, facilities, property, equipment, personnel or other resources to be used to assist, cooperate with or facilitate, an operation executed in whole or in part by a federal law enforcement agency or a law enforcement agency of another state, a state orif localthe lawrequesting enforcementfederal agency or otherout-of-state public body, or an employee or agent of a state or local law enforcement agency orincludes otherin public body, may obtain from the federalrequest or out-of-state law enforcement agency an attestation, made under penalty of perjury, stating that the request does not relate to an operation or other activity prohibited by section 8 of this 2026 Act or a policy adopted pursuant to section 9 of this 2026 Act.
(2)“SECTION Notwithstanding11. section 8 of this 2026 Act or any policy adopted pursuant to section of this 2026 Act, a state or local law enforcement agency or other public body, or an em- ployee or agent of a state or local law enforcement agency or other public body, that provides any assistance or cooperation to a federal law enforcement agency or law enforcement agency of another state, does not violate section 8 of this 2026 Act, or any policy established under section 9 of this 2026 Act, if the assistance or cooperation is provided after receiving an attestation described in subsection (1) of this section.
(3)All Nothing in this section requires a state or local law enforcement agencyagencies orand other public body,bodies, oras anthose employeeterms orare agentdefined ofin asection state7 orof localthis law2026 enforcementAct, agencywithin orthis otherstate publicshall body,adopt toa obtainpolicy the attestation described in subsectionsection (1)9 of this section2026 priorAct to,no duringlater orthan after180 providingdays anyafter assistancethe toeffective ordate cooperating with a federal law enforcement agency or a law enforcement agency of anotherthis state.2026 Act.
SECTION“STATUS 11.OF VOLUNTEERS IN CIVIL DEFENSE FORCE “SECTION 12.
All state or local law enforcement agencies and other public bodies, as those terms are defined in section 7 of this 2026 Act, within this state shall adopt a policy described in section 9 of this 2026 Act no later than 180 days after the effective date of this Act.
STATUS OF VOLUNTEERS IN CIVIL DEFENSE FORCE SECTION 12.
399.035.“399.035.
(1) In addition to the federally recognized Oregon National Guard subject to call or order to federal service under laws of the United States, there shall be organized within the state a National Guard Reserve HB 4138-7 2/15/26 Proposed Amendments to HB 4138 Page 9 force.
Such force shall be known as the Oregon Civil Defense Force, and shall be composed principally of officers, warrant officers and enlisted personsper- sons not eligible for gen-general eral service under federal selective service laws.
(2)“(2) In time of peace the Oregon Civil Defense Force shall be maintained at cadre strength in numbers to be determined by the Governor.
(3)“(3) In time of peace the mission of the Oregon Civil Defense Force shall be to augment the Oregon National Guard as an internal security force.
Enrolled“(4) House Bill 4138 (HB 4138-B) Page 5 (4) Whenever laws of the United States authorize the organization of such forces under federal recognition, the Governor shall promulgate such regulations as are necessary to comply with such federal laws and obtain federal recognition for the force authorized by this section.
(5)“(5) Notwithstanding subsections (1) to (4) of this section:
(a)“(a) The Superintendent of State Police may form a volunteer Oregon State Police Civil Defense Force for the purpose of providing emergency responsere- sponse and communications, medical assistance, lo-logistical gistical support and other aid authorized by the superintendent.
(b)“(b) The sheriff of a county in this state may form a volunteer County Civil Defense Force for the purpose of providing emergency response and communications, medical assistance, logistical support and other aid authorizedau- thorized by the sheriff.
(6)“(6) Volunteers in the Oregon State Police Civil Defense Force or a County Civil Defense Force must possess and demonstrate experience or training in the military, law enforcement, communi-communications, cations, rescue operations or logistical support.
(7)(a)“(7)(a) Volunteers in the Oregon State Police Civil Defense Force or a County Civil Defense Force are not, by virtue of volunteering in the force, HB 4138-7 2/15/26 Proposed Amendments to HB 4138 Page 10 considered:
(A)“(A) Members of the Oregon Civil Defense Force;
(B)“(B) Employees or volunteers of the state;
or (C)“(C) In “state‘state service,”service,’ as that term is defined in ORS 240.015[;
[(D)“[(D) Agents of a public body under ORS 30.260 to 30.300 (Oregon Tort Claims Act) for the purpose of acts and omissions of the volunteer that are within the course and scope of the volunteer’s duties.] (b)“(b) Volunteers in the Oregon State Police Civil Defense Force or a County Civil Defense Force are agents of a public body under ORS 30.260 to 30.300 for the purpose of acts and omissions of the volunteer that are within the course and scope of the volunteer’s duties.
[(b)]“[(b)] (c) Unless entitled to compensation, reimbursement, benefits or coverage under any other provision of law, volunteers in the Oregon State Police Civil Defense Force or a County Civil De-Defense fense Force are not entitled to compensation, reimbursement for expenses, workers’ compensation or other insurance coverage, public employment benefits or entitlements from the Oregon Military Department, the Oregon Department of Emergency Management or any other state or local agency or government.
CAUSE“CAUSE OF ACTION SECTION“SECTION 13.
(2)“(2) Any person may seek an injunction against a public body or a state or local law enforcement agency, as those terms are defined in section 7 of this 2026 Act, operating in this state to restrain a threatenedthreat- ened or actual violation of section 8, 9, 10 or 11 of this 2026 Act.
(3)“(3) A defendant in an action under this section may assert as a HB 4138-7 2/15/26 Proposed Amendments to HB 4138 Page 11 defense that the defend-defendant ant is or was compelled to provide prohibited information or assistance, including informa-information tion or assistance as may be required by a judicial subpoena issued as part of a court proceeding or by another compulsory court-issued legal process.
CAPTIONS6 SECTION“CAPTIONS 8 “SECTION 14.
The unit captions used in this 2026 Act are provided only for the conven-convenience ience of the reader and do not become part of the statutory law of this state or express any legislative intent in the enactment of this 2026 Act.
Enrolled“EMERGENCY House Bill 4138 (HB 4138-B) Page 6 EMERGENCY CLAUSE SECTION“SECTION 15.
This 2026 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2026 Act takes effect on its passage.passage.”.
PassedHB by4138-7 House2/15/26 FebruaryProposed 24,Amendments 2026to ReceivedHB by4138 Governor:Page 12
Repassed by House March 6, 2026 ........................M.,........................................................., 2026 Approved:
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........................M.,........................................................., 2026 Timothy G.
Sekerak, Chief Clerk of House ..................................................................................
..................................................................................
Julie Fahey, Speaker of House Tina Kotek, Governor Filed in Office of Secretary of State:
Passed by Senate March 5, 2026 ........................M.,........................................................., 2026 ..................................................................................
Rob Wagner, President of Senate ..................................................................................
Tobias Read, Secretary of State Enrolled House Bill 4138 (HB 4138-B) Page 7