House Bill 1060
By: Representatives Jackson of the 68th, Scott of the 76th, Schofield of the 63rd, and Davis of
the 87th
A BILL TO BE ENTITLED
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and
offenses, so as to limit the lawful authority of law enforcement officers in certain situations;
to prohibit law enforcement officers from wearing masks during routine operations; to amend
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to
restrict the use of deadly force by law enforcement officers; to provide for a definition; to
amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement
officers and agencies, so as to prohibit law enforcement officers from wearing face coverings
during routine operations; to require such officers to wear visible identification and verbally
identify themselves when performing routine operations; to provide for enforcement and
oversight by the Georgia Bureau of Investigation and the Georgia Peace Officer Standards
and Training Council; to provide for a waiver of certain privileges and immunities; to
provide for civil liability and monetary damages; to amend Title 40 of the Official Code of
Georgia Annotated, relating to motor vehicles and traffic, so as to require law enforcement
to comply with Code Section 35-1-25 when signaling for a vehicle to stop; to provide for a
short title; to provide legislative findings; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia Public Safety Transparency and
Citizen Protection Act of 2026."
SECTION 2.
The General Assembly finds that the use of masks by law enforcement during routine
operations creates an environment of intimidation and erodes public trust. Furthermore, the
General Assembly finds that the protection of United States citizens and legal residents from
unlawful detention is a core state interest. This Act seeks to de-escalate tensions and ensure
that all law enforcement actions within the state's boundaries adhere to the highest standards
of transparency and due process. This Act does not seek to impede law enforcement's ability
to determine a person's citizenship.
SECTION 3.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is
amended by revising subsection (a) of Code Section 16-5-40, relating to kidnapping, as
follows:
"(a)(1) A person commits the offense of kidnapping when such person abducts or steals
away another person without lawful authority or warrant and holds such other person
against his or her will.
<ins>(2) For purposes of this Code section, a law enforcement officer is without lawful
authority to hold a person against his or her will if such officer is wearing a face covering
or if such officer fails to verbally identify himself or herself or fails to display visible
identification as provided by Code Section 35-1-25."
</ins>
SECTION 4.
Said title is further amended by revising subsection (a) of Code Section 16-5-41, relating to
false imprisonment, as follows:
"(a)(1) A person commits the offense of false imprisonment when, in violation of the
personal liberty of another, he <ins>or she</ins> arrests, confines, or detains such person without
legal authority.
<ins>(2) For purposes of this Code section, a law enforcement officer is without legal
authority to arrest, confine, or detain a person if such officer is wearing a face covering
or if such officer fails to verbally identify himself or herself or fails to display visible
identification as provided by Code Section 35-1-25."
</ins> SECTION 5.
Said title is further amended by revising Code Section 16-11-38, relating to wearing mask,
hood, or device which conceals identity of wearer, as follows:
"16-11-38.
(a) A person is guilty of a misdemeanor when he or she:
(1) Wears a mask, hood, or device by which any portion of his or her face is so hidden,
concealed, or covered as to conceal his or her identity;
(2) Is upon:
(A) Any public way or public property; or
(B) The private property of another without the written permission of the owner or
occupier of such private property to do so; and
(3) Intends to conceal his or her identity.
(b) Without limiting the generality of subsection (a) of this Code section, no person shall
be guilty of violating this Code section by:
(1) Wearing a traditional holiday costume on the occasion of the holiday;
(2) Lawfully engaging in trade and employment or in a sporting activity where a mask
is worn for the purpose of ensuring the physical safety of the wearer or because of the
nature of the occupation, trade, profession, or sporting activity; <ins>provided, however, that
a law enforcement officer performing routine operations under Code Section 35-1-25 is
excluded from the exception under this paragraph;
</ins> (3) Using a mask in a theatrical production including use in Mardi gras celebrations and
masquerade balls;
(4) Wearing a gas mask prescribed in emergency management drills and exercises or
emergencies; or
(5) Wearing a mask for the purpose of complying with the guidance of any <del>health care
</del> <ins>healthcare</ins> agency or <del>health care</del> <ins>healthcare</ins> provider to prevent the spread of COVID-19
or other coronaviruses or influenza or other infectious diseases."
SECTION 6.
Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to criminal
procedure, is amended by revising Code Section 17-4-20, relating to authorization of arrests
with and without warrants generally, use of deadly force, adoption or promulgation of
conflicting regulations, policies, ordinances, and resolutions, and authority of nuclear power
security officer, as follows:
"17-4-20.
<del>(a)(1)</del> <ins>As used in this Code section, the term 'deadly force' means any force which is
intended to cause, or which the law enforcement officer knows will create a substantial risk
of causing, death or serious bodily injury.
(b)(1)</ins> An arrest for a crime may be made by a law enforcement officer:
(A) Under a warrant; or
(B) Without a warrant if:
(i) The offense is committed in such officer's presence or within such officer's
immediate knowledge;
(ii) The offender is endeavoring to escape;
(iii) The officer has probable cause to believe that an act of family violence, as
defined in Code Section 19-13-1, has been committed;
(iv) The officer has probable cause to believe that the offender has violated a criminal
family violence order, as defined in Code Section 16-5-95; provided, however, that
such officer shall not have any prior or current familial relationship with the alleged
victim or the offender;
(v) The officer has probable cause to believe that an offense involving physical abuse
has been committed against a vulnerable adult, who shall be for the purposes of this
subsection a person 18 years old or older who is unable to protect himself or herself
from physical or mental abuse because of a physical or mental impairment; or
(vi) For other cause there is likely to be failure of justice for want of a judicial officer
to issue a warrant.
(2) Except where otherwise provided by law with respect to a law enforcement officer's
jurisdictional duties and limitations, a law enforcement officer may make an arrest for an
offense outside of the jurisdiction of the law enforcement agency by which he or she is
employed without a warrant:
(A) If the offense is committed in such officer's presence or within such officer's
immediate knowledge;
(B) When in immediate pursuit of an offender for an offense committed within the
jurisdiction of the law enforcement agency that employs such law enforcement officer;
or
(C) While aiding or assisting another law enforcement officer in the jurisdiction of the
law enforcement agency employing such other law enforcement officer.
(3) Nothing in paragraph (2) of this subsection shall be construed as limiting sheriffs or
deputy sheriffs in the performance of the duties and responsibilities imposed on them by
the Constitution and laws of this state.
(4) As used in this subsection, the term 'law enforcement officer' shall have the same
meaning as set forth in Code Section 16-1-3.
<del>(b)(c)</del> Sheriffs and peace officers who are appointed or employed in conformity with
Chapter 8 of Title 35, <ins>the 'Georgia Peace Officer Standards and Training Act,'</ins> may use
deadly force to apprehend a suspected felon only when the officer reasonably believes that
the suspect possesses a deadly weapon or any object, device, or instrument which, when
used offensively against a person, is likely to or actually does result in serious bodily
injury; when the officer reasonably believes that the suspect poses an immediate threat of
<del>physical violence</del> <ins>death or serious bodily injury</ins> to the officer or others; or when there is
probable cause to believe that the suspect has committed a crime involving the infliction
or threatened infliction of serious physical harm; <ins>provided, however, that prior to the
application of deadly force, the officer shall, if safe and feasible, exhaust all reasonable
de-escalation tactics and provide a clear verbal warning of the intent to use such force.
</ins> Nothing in this Code section shall be construed so as to restrict such sheriffs or peace
officers from the use of such reasonable nondeadly force as may be necessary to apprehend
and arrest a suspected felon or misdemeanant.
<ins>(c)(d) Deadly force shall not be used to apprehend a person who is fleeing or otherwise
attempting to elude a law enforcement officer; provided, however, that nothing</ins> <del>Nothing</del> in
this Code section shall be construed so as to restrict the use of deadly force by employees
of state and county correctional institutions, jails, and other places of lawful confinement
or by peace officers of any agency in the State of Georgia when reasonably necessary to
prevent escapes or apprehend escapees from such institutions.
<del>(d)(e)</del> No law enforcement agency of this state or of any political subdivision of this state
shall adopt or promulgate any rule, regulation, or policy which prohibits a peace officer
from using that degree of force to apprehend a suspected felon which is allowed by the
statutory and case law of this state.
<del>(e)(f)</del> Each peace officer shall be provided with a copy of this Code section. Training
regarding elder abuse, abuse of vulnerable adults, and the requirements of this Code section
should be offered as part of at least one in-service training program each year conducted
by or on behalf of each law enforcement department and agency in this state.
<ins>(f)(g)</ins> A nuclear power facility security officer, including a contract security officer,
employed by a federally licensed nuclear power facility or licensee thereof for the purpose
of securing that facility shall have the authority to:
(1) Threaten or use force against another in defense of a federally licensed nuclear power
facility and the persons therein as provided for under Code Sections 16-3-21 and 16-3-23;
(2) Search any person on the premises of the nuclear power facility or the properties
adjacent to the facility if the facility is under imminent threat or danger pursuant to a
written agreement entered into with the local enforcement agency having jurisdiction
over the facility for the purpose of determining if such person possesses unauthorized
weapons, explosives, or other similarly prohibited material; provided, however, that, if
such person objects to any search, he or she shall be detained as provided in paragraph (3)
of this subsection or shall be required to immediately vacate the premises. Any person
refusing to submit to a search and refusing to vacate the premises of a facility upon the
request of a security officer as provided for in this Code section shall be guilty of a
misdemeanor; and
(3) In accordance with a nuclear security plan approved by the United States Nuclear
Regulatory Commission or other federal agency authorized to regulate nuclear facility
security, detain any person located on the premises of a nuclear power facility or on the
properties adjacent thereto if the facility is under imminent threat or danger pursuant to
a written agreement entered into with the local law enforcement agency having
jurisdiction over the facility, where there is reasonable suspicion to believe that such
person poses a threat to the security of the nuclear power facility, regardless of whether
such prohibited act occurred in the officer's presence. In the event of such detention, the
law enforcement agency having jurisdiction over the facility shall be immediately
contacted. The detention shall not exceed the amount of time reasonably necessary to
allow for law enforcement officers to arrive at the facility."
SECTION 7.
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and
agencies, is amended by adding a new Code section to read as follows:
<ins>"35-1-25.
(a) As used in this Code section, the term:
(1) 'Face covering' means any mask, hood, or other device that conceals any portion of
the face. Such term shall not include health related personal protective equipment (PPE)
or specialized safety gear required to protect the person from an active and immediate
environmental hazard.
(2) 'Law enforcement officer' means any agent or officer of the federal government, this
state, another state, or any political subdivision thereof, including an agent or officer
operating under a cooperative agreement with the federal government, who, as a full-time
or part-time employee, is vested either expressly by law or by virtue of public
employment or service with authority to enforce the criminal or traffic laws with the
power of arrest and whose duties include the preservation of public order, the protection
of life and property, or the prevention, detection, or investigation of crime.
(3) 'Routine operations' means a law enforcement officer's performance of routine
official duties, including, but not limited to, traffic stops, community patrols, service of
nonviolent warrants, investigations, and standard administrative inquiries. Such term
shall not include active undercover operations, tactical operations where protective gear
</ins>
<ins>is required for a law enforcement officer's physical safety, or where such officer's identity
needs to be protected during court proceedings.
(4) 'Visible identification' means the display of a law enforcement officer's last name and
the name of the law enforcement agency for which such officer is employed or otherwise
acting.
(b) A law enforcement officer shall wear visible identification at all times while
performing routine operations and shall verbally identify himself or herself by last name
and by the name of the law enforcement agency he or she is representing when engaging
in any direct interaction with a member of the public during such operations.
(c) A law enforcement officer shall not wear a face covering in the performance of routine
operations.
(d)(1) Any person may report a law enforcement officer's failure to comply with
subsection (b) or (c) of this Code section to the Georgia Bureau of Investigation. The
Georgia Bureau of Investigation shall be authorized to investigate any reported violation
of this Code section.
(2) If, after investigation, the Georgia Bureau of Investigation determines that a law
enforcement officer violated subsection (b) or (c) of this Code section, the Georgia
Bureau of Investigation shall provide written notice of such determination as follows:
(A) If the law enforcement officer is a certified peace officer in this state as defined in
Code Section 35-8-2, the Georgia Bureau of Investigation shall provide such notice to
the Georgia Peace Officer Standards and Training Council, which shall then investigate
the alleged violation of this Code section and take any appropriate disciplinary action
against such officer as authorized by Code Section 35-8-7; and
(B) If the law enforcement officer is not a certified peace officer as defined in Code
Section 35-8-2, the Georgia Bureau of Investigation shall provide such notice to the
head of the law enforcement agency for which such officer is employed or otherwise
acting.
</ins>
<ins>(3) The Georgia Bureau of Investigation and the Georgia Peace Officer Standards and
Training Council shall be authorized to adopt rules and regulations necessary to
implement the provisions of this Code section.
(e) Any law enforcement officer who fails to comply with subsection (b) or (c) of this
Code section during the performance of routine operations shall not be entitled to assert
any privilege or immunity against a claim of civil liability arising during such failure and
shall be liable for actual damages or statutory damages of not less than $1,000.00,
whichever is greater."
</ins> SECTION 8.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is
amended by revising subsection (a) of Code Section 40-6-395, relating to fleeing or
attempting to elude police officer and impersonating law enforcement officer, as follows:
"(a) It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his
or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle
or police officer when given a visual or an audible signal to bring the vehicle to a stop. The
signal given by the police officer may be by hand, voice, emergency light, or siren. The
officer giving such signal shall be in uniform prominently displaying his or her badge of
office <ins>and in full compliance with the requirements of subsections (b) and (c) of Code
Section 35-1-25,</ins> and his or her vehicle shall be appropriately marked showing it to be an
official police vehicle. <ins>It shall be a defense to prosecution under this subsection if the
officer giving such signal was not in compliance with subsections (b) and (c) of Code
Section 35-1-25 at the time of the alleged violation."
</ins> SECTION 9.
All laws and parts of laws in conflict with this Act are repealed.