Senate Bill 627 (“SB 627”), known as the No Secret Police Act, was signed and chaptered on September 20, 2025. Senate Bill 1004 (“SB 1004”), signed on September 29, 2026, makes several changes to the Act, including expanding its application to state-employed peace officers and modifying its exemptions, compliance deadline, and liability provisions.

First, SB 1004 adds state entities that employ peace officers to the definition of law enforcement agency as used in the statute. Law enforcement officer now also includes a peace officer as defined in Penal Code section 830 employed by a state agency. This amendment responds to United States District Court for the Central District of California Judge Christina Snyder’s February 9, 2026, ruling in United States of America v. State of California, et al., in which the court preliminarily concluded that SB 627 unlawfully discriminated against federal officers because its facial-covering prohibition did not apply equally to state-employed law enforcement officers.

Second, the deadline for law enforcement agencies operating in California to maintain and publicly post a facial-covering policy has now been extended from July 1, 2026, to January 1, 2027.

Third, SB 1004 modifies the exemptions that must be included in an agency’s facial-covering policy. Specifically, under SB 627, the facial-covering policy must set forth narrowly tailored exemptions allowing facial coverings for, among other things, the protection of identity during prosecution. SB 1004 broadens this exemption to also include immediately before and after such appearances. SB 1004 now also provides for an exemption for surveillance operations related to enforcement of the Fish and Game Code or regulations adopted pursuant to it, or a federal agency or officer conducting surveillance operations under similar federal law.

Fourth, SB 1004 expands the items excluded from the definition of a “facial covering.” The exclusions now include sunglasses; a helmet with a clear face shield or visor that does not conceal the officer’s face, when worn solely for safety purposes; and a helmet, protective mask, or other head or face protection required during academy or in-service training activities, but only for the duration of those activities and only if the equipment is worn solely for safety purposes. The exclusions do not apply, however, if otherwise excluded items are combined in a way that is intended to conceal or obscure an officer’s identity.

Fifth, under SB 1004, opaque is defined to include, without limitation, “dark-tinted, mirrored, smoked, or reflective materials that substantially obscure or distort facial visibility.”

Sixth, SB 1004 makes changes to the No Secret Police Act’s criminal and civil liability provisions. With regard to criminal liability, SB 1004’s safe harbor provision states that criminal penalties do not apply to “any law enforcement officer if they were acting in their capacity as an employee of the agency and the agency maintains and publicly posts” the required facial-covering policy by the new January 1, 2027, deadline.

As to civil liability, SB 1004 narrows the Act’s special civil-liability provision to persons found liable for false arrest or false imprisonment. The person is liable for the greater of statutory damages of not less than $10,000 or actual damages, but only if the trier of fact also finds that “at the time of the conduct giving rise to liability, that the person knowingly and willfully concealed their identity through the use of a facial covering.” SB 1004 also provides that the statute does not abrogate privileges, justifications, or defenses based on lawful authority, including specified defenses involving arrests made pursuant to facially valid warrants. At the same time, the statute specifies that it does not preserve or incorporate immunities from civil liability or statutory “no cause of action” provisions.

Finally, SB 1004 provides that the facial-covering prohibition does not apply to an officer subject to one or more of the exemptions enumerated in Government Code section 7289, subdivision (b)(3), or to an officer assigned to a SWAT team while actively performing SWAT responsibilities.

Law enforcement agencies should review their existing facial-covering policies, or develop a policy if they have not already done so, to ensure compliance with SB 1004’s revised requirements and exemptions. Agencies must maintain and publicly post a compliant policy by January 1, 2027. State agencies that employ peace officers should also review SB 1004 carefully because the Act now expressly applies to their peace officers.