SB 741

Abstract

Facial recognition technology; authorized uses; penalty. Authorizes local law-enforcement agencies, campus police departments, and the Department of State Police (the Department) to use facial recognition technology for certain authorized uses as defined in the bill. The bill requires that the appropriate facial recognition technology be determined by the Division of Purchases and Supply and that such facial recognition technology be evaluated by the National Institute of Standards and Technology and have an accuracy score of at least 98 percent true positives across all demographic groups. The bill directs the Department to develop a model policy regarding the investigative uses of facial recognition technology to be posted publicly no later than January 1, 2023, and requires local law-enforcement agencies or campus police departments that use facial recognition technology to either adopt the Department's model policy or develop an individual policy that meets or exceeds the standards set by the Department's model policy. The bill directs local law-enforcement agencies, campus police departments, and the Department to collect and maintain certain data related to the use of facial recognition technology and to publish an annual report to provide information to the public regarding the agency's use of facial recognition technology. The bill clarifies that any match made through facial recognition technology shall not be used in an affidavit to establish probable cause for the purposes of a search or arrest warrant. Additionally, any facial recognition technology operator employed by a local law-enforcement agency, campus police department, or the Department who violates the agency's or department's policy for the use of facial recognition technology or conducts a search for any reason other than those authorized by the bill is guilty of a Class 3 misdemeanor for a first offense, and is guilty of a Class 1 misdemeanor for a second or subsequent offense.

Facial recognition technology; authorized uses. Authorizes local law-enforcement agencies to use facial recognition technology only for investigating a specific criminal incident related to certain acts of violence, identifying a victim of online child sexual abuse material, or identifying a deceased person. The bill requires that the appropriate facial recognition technology be determined by the Division of Purchases and Supply and that such facial recognition technology be evaluated by the National Institute of Standards and Technology and have an accuracy score of at least 98 percent true positives across all demographic groups. The bill directs the Department of State Police (the Department) to develop a model policy regarding the investigative uses of facial recognition technology to be posted publicly no later than January 1, 2023. The bill requires local law-enforcement agencies that use facial recognition technology to either adopt the Department's model policy or develop an individual policy that meets or exceeds the standards set by the Department's model policy. The bill directs local law-enforcement agencies to collect and maintain certain data related to the use of facial recognition technology and requires the chief of police of a law-enforcement agency to publish an annual report to provide information to the public regarding the agency's use of facial recognition technology. The bill also requires that, unless specifically directed to procure facial recognition technology, a law-enforcement agency shall notify the locality that it serves not less than 30 days prior to procuring facial recognition technology.

Facial recognition technology; authorized uses; penalty. Authorizes local law-enforcement agencies, campus police departments, and the Department of State Police (the Department) to use facial recognition technology for certain authorized uses as defined in the bill. The bill requires that the appropriate facial recognition technology be determined by the Division of Purchases and Supply and that such facial recognition technology be evaluated by the National Institute of Standards and Technology and have an accuracy score of at least 98 percent true positives across all demographic groups. The bill directs the Department to develop a model policy regarding the investigative uses of facial recognition technology, including training requirements and protocols for handling requests for assistance in the use of facial recognition technology made to the Department by local law-enforcement agencies and campus police departments, to be posted publicly no later than January 1, 2023, and requires local law-enforcement agencies or campus police departments that use facial recognition technology to either adopt the Department's model policy or develop an individual policy that meets or exceeds the standards set by the Department's model policy. The bill directs local law-enforcement agencies, campus police departments, and the Department to collect and maintain certain data related to the use of facial recognition technology and to publish an annual report to provide information to the public regarding the agency's use of facial recognition technology. The bill clarifies that any match made through facial recognition technology shall not be used in an affidavit to establish probable cause for the purposes of a search or arrest warrant. Additionally, any facial recognition technology operator employed by a local law-enforcement agency, campus police department, or the Department who violates the agency's or department's policy for the use of facial recognition technology or conducts a search for any reason other than those authorized by the bill is guilty of a Class 3 misdemeanor for a first offense, and is guilty of a Class 1 misdemeanor for a second or subsequent offense.

Facial recognition technology; authorized uses. Authorizes local law-enforcement agencies and campus police departments of public institutions of higher education to use facial recognition technology only for investigating a specific criminal incident or a specific citizen welfare situation. The bill provides that the appropriate facial recognition technology shall be determined by the Division of Purchases and Supply, and such facial recognition technology shall be evaluated by the National Institute of Standards and Technology and have an accuracy score of at least 98 percent true positives across all demographic groups. The bill directs the Department of State Police (the Department) to develop a model policy regarding the investigative uses of facial recognition technology to be posted publicly no later than January 1, 2023. The bill requires local law-enforcement agencies or campus police departments that use facial recognition technology to either adopt the Department's model policy or to develop an individual policy that meets or exceeds the standards set by the Department's model policy. The bill directs local law-enforcement agencies and campus police departments to collect and maintain certain data related to the use of facial recognition technology and requires the chief of police of a law-enforcement agency or campus police department to publish an annual report to provide information to the public regarding the agency's use of facial recognition technology. The bill also requires that, unless specifically directed to procure facial recognition technology, a law-enforcement agency or campus police department shall notify the locality or public institution of higher education that it serves not less than 30 days prior to procuring facial recognition technology.