Tortious Concealment by a Law Enforcement Officer.
Philadelphia Code § 10-845
in effect§ 10-845. Tortious Concealment by a Law Enforcement Officer.
(1) Definitions. The following definitions shall apply to this Section:
(a) Law Enforcement Officer. Any “peace officer” as defined in 18 Pa. C.S. § 501 (relating to definitions), including but not limited to local, state or federal officers.
(2) Any person arrested in the City of Philadelphia has the right to know the identity of the arresting officer unless the officer qualifies for an exception under subsection (3). Except as provided in subsection (3), a law enforcement officer is liable for tortious concealment if the law enforcement officer, while performing official duties and interacting with the public,
(a) Wears a mask, facial covering, disguise or any other garment that obscures the identity of the law enforcement officer, or fails to identify themselves to a subject of arrest, holding or detention;
(b) Intentionally obscures, covers, removes or otherwise conceals a badge, tag, label or other identifying information required to be visibly displayed; or
(c) Uses a vehicle in the course of official duties that does not contain clear identifying information for the entity that employs the law enforcement officer which is visible to individuals other than such law enforcement officer.
(3) Exceptions.
(a) A law enforcement officer shall not be in violation of subsection (2)(a) if the officer:
(.1) Wears a medical-grade mask or respirator necessary to prevent the transmission of airborne illnesses;
(.2) Wears a mask for a religious purpose;
(.3) Wears protective equipment designed to safeguard the face or head issued as part of duties associated with a Special Weapons and Tactics team; or
(.4) Wears an item as a mask designed to protect against smoke or hazardous conditions during fire response or similar emergencies.
(b) A law enforcement officer shall not be in violation of subsection (2) if the law enforcement officer is employed by a law enforcement agency that maintains and publicly posts a written policy pursuant to Section 10-848.
(4) Private Right of Action. The City Solicitor or any individual aggrieved by a violation of this Section or any entity a member of which is aggrieved by a violation of this Section may bring a civil action in a court of competent jurisdiction against a county, city, department or agency that employs a person violating this Section. The limitations period for a civil action brought pursuant to this Section shall be three (3) years from the date the complainant knew or should have known of the alleged violation.
(5) Remedies. A court of competent jurisdiction may order the following remedies:
(a) An order requiring the county, city, department or agency to cease and desist the unlawful practice;
(b) Payment of compensatory or punitive damages, provided that an aggrieved person shall make a reasonable effort to mitigate any damages;
(c) Payment of reasonable attorneys’ fees;
(d) Payment of court costs;
(e) Payment of a fine not to exceed two thousand dollars ($2,000) for each violation; and
(f) Other equitable relief.
(6) Severability. If any provision of this Section or application thereof to any person or circumstance is judged invalid, the invalidity shall not affect other provisions or applications of the Section which can be given effect without the invalid provision or application, and to this end the provisions of this Section are declared severable.
Notes
317.3 | Added, Bill No. 260060 (became law May 8, 2026), effective July 7, 2026.
Source: City of Philadelphia, The Philadelphia Code and Home Rule Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-309264Fetched: 10/27/2026