HB1060: HB1060 Georgia Public Safety Transparency and Citizen Protection Act of 2026; enact

26 LC 63 0035 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, re lating to crimes and1 offenses, so as to limit the lawful authority of law enforcement officers in certain situations;2 to prohibit law enforcement officers from wearing masks during routine operations; to amend3 Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to4 restrict the use of deadly force by law enforcement officers; t o provide for a definition; to5 amend Title 35 of the Official Code of Georgia Annotated, relat ing to law enforcement6 officers and agencies, so as to prohibit law enforcement officers from wearing face coverings7 during routine operations; to require such officers to wear visible identification and verbally8 identify themselves when performing routine operations; to prov ide for enforcement and9 oversight by the Georgia Bureau of Investigation and the Georgia Peace Officer Standards10 and Training Council; to provide for a waiver of certain privil eges and immunities; to11 provide for civil liability and monetary damages; to amend Title 40 of the Official Code of12 Georgia Annotated, relating to motor vehicles and traffic, so as to require law enforcement13 to comply with Code Section 35-1-25 when signaling for a vehicle to stop; to provide for a14 short title; to provide legislative findings; to provide for related matters; to repeal conflicting15 laws; and for other purposes.16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 H. B. 1060 - 1 - 26 LC 63 0035 SECTION 1.18 This Act shall be known and may be cited as the "Georgia Public Safety Transparency and19 Citizen Protection Act of 2026."20 SECTION 2.21 The General Assembly finds that the use of masks by law enforce ment during routine22 operations creates an environment of intimidation and erodes public trust. Furthermore, the23 General Assembly finds that the protection of United States citizens and legal residents from24 unlawful detention is a core state interest. This Act seeks to de-escalate tensions and ensure25 that all law enforcement actions within the state's boundaries adhere to the highest standards26 of transparency and due process. This Act does not seek to impede law enforcement's ability27 to determine a person's citizenship.28 SECTION 3.29 Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is30 amended by revising subsection (a) of Code Section 16-5-40, rel ating to kidnapping, as31 follows:32 "(a)(1) A person commits the offense of kidnapping when such person abducts or steals33 away another person without lawful authority or warrant and hol ds such other person34 against his or her will.35 (2) For purposes of this Code section, a law enforcement offic er is without lawful36 authority to hold a person against his or her will if such officer is wearing a face covering37 or if such officer fails to verbally identify himself or hersel f or fails to display visible38 identification as provided by Code Section 35-1-25."39 H. B. 1060 - 2 - 26 LC 63 0035 SECTION 4.40 Said title is further amended by revising subsection (a) of Code Section 16-5-41, relating to41 false imprisonment, as follows:42 "(a)(1) A person commits the offense of false imprisonment when, in v iolation of the43 personal liberty of another, he or she arrests, confines, or detains such person without44 legal authority.45 (2) For purposes of this Code section, a law enforcement offic er is without legal46 authority to arrest, confine, or detain a person if such officer is wearing a face covering47 or if such officer fails to verbally identify himself or hersel f or fails to display visible48 identification as provided by Code Section 35-1-25."49 SECTION 5.50 Said title is further amended by revising Code Section 16-11-38, relating to wearing mask,51 hood, or device which conceals identity of wearer, as follows:52 "16-11-38.53 (a) A person is guilty of a misdemeanor when he or she:54 (1) Wears a mask, hood, or device by which any portion of his or her face is so hidden,55 concealed, or covered as to conceal his or her identity;56 (2) Is upon:57 (A) Any public way or public property; or58 (B) The private property of another without the written permis sion of the owner or59 occupier of such private property to do so; and60 (3) Intends to conceal his or her identity.61 (b) Without limiting the generality of subsection (a) of this Code section, no person shall62 be guilty of violating this Code section by:63 (1) Wearing a traditional holiday costume on the occasion of the holiday;64 H. B. 1060 - 3 - 26 LC 63 0035 (2) Lawfully engaging in trade and employment or in a sporting activity where a mask65 is worn for the purpose of ensuring the physical safety of the wearer or because of the66 nature of the occupation, trade, profession, or sporting activity; provided, however, that67 a law enforcement officer performing routine operations under Code Section 35-1-25 is68 excluded from the exception under this paragraph;69 (3) Using a mask in a theatrical production including use in Mardi gras celebrations and70 masquerade balls;71 (4) Wearing a gas mask prescribed in emergency management dril ls and exercises or72 emergencies; or73 (5) Wearing a mask for the purpose of complying with the guidance of any health care 74 healthcare agency or health care healthcare provider to prevent the spread of COVID-1975 or other coronaviruses or influenza or other infectious diseases."76 SECTION 6.77 Chapter 4 of Title 17 of the Official Code of Georgia Annotated , relating to criminal78 procedure, is amended by revising Code Section 17-4-20, relating to authorization of arrests79 with and without warrants generally, use of deadly force, adopt ion or promulgation of80 conflicting regulations, policies, ordinances, and resolutions, and authority of nuclear power81 security officer, as follows:82 "17-4-20.83 (a)(1) As used in this Code section, the term 'deadly force' means a ny force which is84 intended to cause, or which the law enforcement officer knows will create a substantial risk85 of causing, death or serious bodily injury.86 (b)(1) An arrest for a crime may be made by a law enforcement officer:87 (A) Under a warrant; or88 (B) Without a warrant if:89 H. B. 1060 - 4 - 26 LC 63 0035 (i) The offense is committed in such officer's presence or wit hin such officer's90 immediate knowledge;91 (ii) The offender is endeavoring to escape;92 (iii) The officer has probable cause to believe that an act of family violence, as93 defined in Code Section 19-13-1, has been committed;94 (iv) The officer has probable cause to believe that the offender has violated a criminal95 family violence order, as defined in Code Section 16-5-95; provided, however, that96 such officer shall not have any prior or current familial relationship with the alleged97 victim or the offender;98 (v) The officer has probable cause to believe that an offense involving physical abuse99 has been committed against a vulnerable adult, who shall be for the purposes of this100 subsection a person 18 years old or older who is unable to protect himself or herself101 from physical or mental abuse because of a physical or mental impairment; or102 (vi) For other cause there is likely to be failure of justice for want of a judicial officer103 to issue a warrant.104 (2) Except where otherwise provided by law with respect to a law enforcement officer's105 jurisdictional duties and limitations, a law enforcement officer may make an arrest for an106 offense outside of the jurisdiction of the law enforcement agency by which he or she is107 employed without a warrant:108 (A) If the offense is committed in such officer's presence or within such officer's109 immediate knowledge;110 (B) When in immediate pursuit of an offender for an offense co mmitted within the111 jurisdiction of the law enforcement agency that employs such law enforcement officer;112 or113 (C) While aiding or assisting another law enforcement officer in the jurisdiction of the114 law enforcement agency employing such other law enforcement officer.115 H. B. 1060 - 5 - 26 LC 63 0035 (3) Nothing in paragraph (2) of this subsection shall be construed as limiting sheriffs or116 deputy sheriffs in the performance of the duties and responsibilities imposed on them by117 the Constitution and laws of this state.118 (4) As used in this subsection, the term 'law enforcement offi cer' shall have the same119 meaning as set forth in Code Section 16-1-3.120 (b)(c) Sheriffs and peace officers who are appointed or employed in conformity with121 Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' may use122 deadly force to apprehend a suspected felon only when the officer reasonably believes that123 the suspect possesses a deadly weapon or any object, device, or instrument which, when124 used offensively against a person, is likely to or actually doe s result in serious bodily125 injury; when the officer reasonably believes that the suspect poses an immediate threat of126 physical violence death or serious bodily injury to the officer or others; or when there is127 probable cause to believe that the suspect has committed a crime involving the infliction128 or threatened infliction of serious physical harm; provided, ho wever, that prior to the129 application of deadly force, the officer shall, if safe and fea sible, exhaust all reasonable130 de-escalation tactics and provide a clear verbal warning of the intent to use such force . 131 Nothing in this Code section shall be construed so as to restri ct such sheriffs or peace132 officers from the use of such reasonable nondeadly force as may be necessary to apprehend133 and arrest a suspected felon or misdemeanant.134 (c)(d) Deadly force shall not be used to apprehend a person who i s fleeing or otherwise135 attempting to elude a law enforcement officer; provided, however, that nothing Nothing in136 this Code section shall be construed so as to restrict the use of deadly force by employees137 of state and county correctional institutions, jails, and other places of lawful confinement138 or by peace officers of any agency in the State of Georgia when reasonably necessary to139 prevent escapes or apprehend escapees from such institutions.140 (d)(e) No law enforcement agency of this state or of any political subdivision of this state141 shall adopt or promulgate any rule, regulation, or policy which prohibits a peace officer142 H. B. 1060 - 6 - 26 LC 63 0035 from using that degree of force to apprehend a suspected felon which is allowed by the143 statutory and case law of this state.144 (e)(f) Each peace officer shall be provided with a copy of this Code section. Training145 regarding elder abuse, abuse of vulnerable adults, and the requirements of this Code section146 should be offered as part of at least one in-service training program each year conducted147 by or on behalf of each law enforcement department and agency in this state.148 (f)(g) A nuclear power facility security officer, including a contra ct security officer,149 employed by a federally licensed nuclear power facility or licensee thereof for the purpose150 of securing that facility shall have the authority to:151 (1) Threaten or use force against another in defense of a federally licensed nuclear power152 facility and the persons therein as provided for under Code Sections 16-3-21 and 16-3-23;153 (2) Search any person on the premises of the nuclear power fac ility or the properties154 adjacent to the facility if the f acility is under imminent thre at or danger pursuant to a155 written agreement entered into with the local enforcement agenc y having jurisdiction156 over the facility for the purpose of determining if such person possesses unauthorized157 weapons, explosives, or other similarly prohibited material; provided, however, that, if158 such person objects to any search, he or she shall be detained as provided in paragraph (3)159 of this subsection or shall be required to immediately vacate the premises. Any person160 refusing to submit to a search and refusing to vacate the premises of a facility upon the161 request of a security officer as provided for in this Code sect ion shall be guilty of a162 misdemeanor; and163 (3) In accordance with a nuclear security plan approved by the United States Nuclear164 Regulatory Commission or other federal agency authorized to reg ulate nuclear facility165 security, detain any person located on the premises of a nuclear power facility or on the166 properties adjacent thereto if the facility is under imminent threat or danger pursuant to167 a written agreement entered into with the local law enforcement agency having168 jurisdiction over the facility, where there is reasonable suspi cion to believe that such169 H. B. 1060 - 7 - 26 LC 63 0035 person poses a threat to the security of the nuclear power facility, regardless of whether170 such prohibited act occurred in the officer's presence. In the event of such detention, the171 law enforcement agency having jurisdiction over the facility sh all be immediately172 contacted. The detention shall not exceed the amount of time r easonably necessary to173 allow for law enforcement officers to arrive at the facility."174 SECTION 7.175 Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and176 agencies, is amended by adding a new Code section to read as follows:177 "35-1-25.178 (a) As used in this Code section, the term:179 (1) 'Face covering' means any mask, hood, or other device that conceals any portion of180 the face. Such term shall not include health related personal protective equipment (PPE)181 or specialized safety gear required to protect the person from an active and immediate182 environmental hazard.183 (2) 'Law enforcement officer' means any agent or officer of the federal government, this184 state, another state, or any political subdivision thereof, inc luding an agent or officer185 operating under a cooperative agreement with the federal government, who, as a full-time186 or part-time employee, is vested either expressly by law or by virtue of public187 employment or service with authority to enforce the criminal or traffic laws with the188 power of arrest and whose duties include the preservation of public order, the protection189 of life and property, or the prevention, detection, or investigation of crime.190 (3) 'Routine operations' means a law enforcement officer's per formance of routine191 official duties, including, but not limited to, traffic stops, community patrols, service of192 nonviolent warrants, investigations, and standard administrativ e inquiries. Such term193 shall not include active undercover operations, tactical operations where protective gear194 H. B. 1060 - 8 - 26 LC 63 0035 is required for a law enforcement officer's physical safety, or where such officer's identity195 needs to be protected during court proceedings.196 (4) 'Visible identification' means the display of a law enforcement officer's last name and197 the name of the law enforcement agency for which such officer is employed or otherwise198 acting.199 (b) A law enforcement officer shall wear visible identificatio n at all times while200 performing routine operations and shall verbally identify himself or herself by last name201 and by the name of the law enforcement agency he or she is representing when engaging202 in any direct interaction with a member of the public during such operations.203 (c) A law enforcement officer shall not wear a face covering in the performance of routine204 operations.205 (d)(1) Any person may report a law enforcement officer's failu re to comply with206 subsection (b) or (c) of this Code section to the Georgia Burea u of Investigation. The207 Georgia Bureau of Investigation shall be authorized to investigate any reported violation208 of this Code section.209 (2) If, after investigation, the Georgia Bureau of Investigati on determines that a law210 enforcement officer violated subsection (b) or (c) of this Code section, the Georgia211 Bureau of Investigation shall provide written notice of such determination as follows:212 (A) If the law enforcement officer is a certified peace officer in this state as defined in213 Code Section 35-8-2, the Georgia Bureau of Investigation shall provide such notice to214 the Georgia Peace Officer Standards and Training Council, which shall then investigate215 the alleged violation of this Code section and take any appropriate disciplinary action216 against such officer as authorized by Code Section 35-8-7; and217 (B) If the law enforcement officer is not a certified peace of ficer as defined in Code218 Section 35-8-2, the Georgia Bureau of Investigation shall provi de such notice to the219 head of the law enforcement agency for which such officer is employed or otherwise220 acting.221 H. B. 1060 - 9 - 26 LC 63 0035 (3) The Georgia Bureau of Investigation and the Georgia Peace Officer Standards and222 Training Council shall be authorized to adopt rules and regulat i o n s n e c e s s a r y t o223 implement the provisions of this Code section.224 (e) Any law enforcement officer who fails to comply with subse ction (b) or (c) of this225 Code section during the performance of routine operations shall not be entitled to assert226 any privilege or immunity against a claim of civil liability arising during such failure and227 shall be liable for actual damages or statutory damages of not less than $1,000.00,228 whichever is greater."229 SECTION 8.230 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is231 amended by revising subsection (a) of Code Section 40-6-395, re lating to fleeing or232 attempting to elude police officer and impersonating law enforcement officer, as follows:233 "(a) It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his234 or her vehicle to a stop or otherwise to flee or attempt to elu de a pursuing police vehicle235 or police officer when given a visual or an audible signal to bring the vehicle to a stop. The236 signal given by the police officer may be by hand, voice, emergency light, or siren. The237 officer giving such signal shall be in uniform prominently displaying his or her badge of238 office and in full compliance with the requirements of subsecti ons (b) and (c) of Code239 Section 35-1-25, and his or her vehicle shall be appropriately marked showing it to be an240 official police vehicle. It sh all be a defen se to prosecution under this subsection if the241 officer giving such signal was not in compliance with subsectio ns (b) and (c) of Code242 Section 35-1-25 at the time of the alleged violation."243 SECTION 9.244 All laws and parts of laws in conflict with this Act are repealed.245 H. B. 1060 - 10 -