WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1) ARTIFICIAL INTELLIGENCEArtificial intelligenceComputer systems or other technology able to perform tasks that normally require human intelligence, such as visual perception and speech recognition.Section 1(1). Computer systems or other technology able to perform tasks that normally require human intelligence, such as visual perception and speech recognition.
(2) FACIAL RECOGNITION SERVICEFacial recognition serviceAny computer software, algorithm, product, or application that collects or electronically analyzes information for the purpose of identifying an individual by using technology capable of uniquely identifying or verifying a person by comparing and analyzing patterns based on that individual's facial contours.Section 1(2). Any computer software, algorithm, product, or application that collects or electronically analyzes information for the purpose of identifying an individual by using technology capable of uniquely identifying or verifying a person by comparing and analyzing patterns based on that individual's facial contours.
(3) LAW ENFORCEMENT AGENCYLaw enforcement agencyA state department, county sheriff's department, municipal police department, or any other public agency or entity employing law enforcement officers located within the state.Section 1(3). A state department, county sheriff's department, municipal police department, or any other public agency or entity employing law enforcement officersLaw enforcement officerAn officer employed by the state, or a county or municipality who is certified by the Alabama Peace Officers' Standards and Training Commission and who has the power of arrest.Section 1(4) located within the state.
(4) LAW ENFORCEMENT OFFICERLaw enforcement officerAn officer employed by the state, or a county or municipality who is certified by the Alabama Peace Officers' Standards and Training Commission and who has the power of arrest.Section 1(4). An officer employed by the state, or a county or municipality who is certified by the Alabama Peace Officers' Standards and Training Commission and who has the power of arrest.
Section 1 establishes the four defined terms used throughout the bill: artificial intelligence, facial recognition service, law enforcement agency, and law enforcement officer. The AI definition is broad and functional, covering any computer system able to perform tasks that normally require human intelligence. The facial recognition service definition is technology-specific, targeting software that identifies individuals by analyzing facial contour patterns.
(a) 1 A state or local law enforcement agencyLaw enforcement agencyA state department, county sheriff's department, municipal police department, or any other public agency or entity employing law enforcement officers located within the state.Section 1(3) may not use artificial intelligenceArtificial intelligenceComputer systems or other technology able to perform tasks that normally require human intelligence, such as visual perception and speech recognition.Section 1(1) or a facial recognition serviceFacial recognition serviceAny computer software, algorithm, product, or application that collects or electronically analyzes information for the purpose of identifying an individual by using technology capable of uniquely identifying or verifying a person by comparing and analyzing patterns based on that individual's facial contours.Section 1(2) to engage in ongoing surveillance, conduct real-time or near real-time identification, or start persistent tracking, except under any of the following circumstances: (1) A warrant is obtained that authorizes the use of the service for those purposes. (2) Exigent circumstances exist. (3) A court order is obtained that authorizes the use of the service for the sole purpose of locating or identifying a missing person or identifying a deceased person. A court may issue an ex parte order under this subdivision. (4) If a law enforcement officerLaw enforcement officerAn officer employed by the state, or a county or municipality who is certified by the Alabama Peace Officers' Standards and Training Commission and who has the power of arrest.Section 1(4) certifies and the court finds that the information likely to be obtained is relevant to locating or identifying a missing person or identifying a deceased person.
(b) 2 A state or local law enforcement agencyLaw enforcement agencyA state department, county sheriff's department, municipal police department, or any other public agency or entity employing law enforcement officers located within the state.Section 1(3) may not use the results of artificial intelligenceArtificial intelligenceComputer systems or other technology able to perform tasks that normally require human intelligence, such as visual perception and speech recognition.Section 1(1) or a facial recognition serviceFacial recognition serviceAny computer software, algorithm, product, or application that collects or electronically analyzes information for the purpose of identifying an individual by using technology capable of uniquely identifying or verifying a person by comparing and analyzing patterns based on that individual's facial contours.Section 1(2) as the sole basis to establish probable cause in a criminal investigation or to make an arrest. The results of a facial recognition serviceFacial recognition serviceAny computer software, algorithm, product, or application that collects or electronically analyzes information for the purpose of identifying an individual by using technology capable of uniquely identifying or verifying a person by comparing and analyzing patterns based on that individual's facial contours.Section 1(2) may be used only in conjunction with other information and evidence lawfully obtained by a law enforcement officerLaw enforcement officerAn officer employed by the state, or a county or municipality who is certified by the Alabama Peace Officers' Standards and Training Commission and who has the power of arrest.Section 1(4) to establish probable cause in a criminal investigation or to make an arrest.
(c) 3 A state or local law enforcement agencyLaw enforcement agencyA state department, county sheriff's department, municipal police department, or any other public agency or entity employing law enforcement officers located within the state.Section 1(3) may not use artificial intelligenceArtificial intelligenceComputer systems or other technology able to perform tasks that normally require human intelligence, such as visual perception and speech recognition.Section 1(1) or a facial recognition serviceFacial recognition serviceAny computer software, algorithm, product, or application that collects or electronically analyzes information for the purpose of identifying an individual by using technology capable of uniquely identifying or verifying a person by comparing and analyzing patterns based on that individual's facial contours.Section 1(2) to identify an individual based on a sketch or other manually produced image.
Section 2 imposes three distinct prohibitions on state and local law enforcement agencies. Subsection (a) prohibits using AI or facial recognition for ongoing surveillance, real-time identification, or persistent tracking unless one of four exceptions applies: a warrant, exigent circumstances, a court order for locating a missing or deceased person, or a law enforcement officer certification with court finding of relevance to a missing or deceased person. Subsection (b) prohibits using AI or facial recognition results as the sole basis for establishing probable cause or making an arrest, requiring corroborating information and evidence. Subsection (c) categorically prohibits using AI or facial recognition to identify an individual from a sketch or other manually produced image.
The bill does not specify any penalty, remedy, or enforcement mechanism for violations of these prohibitions. This is a notable gap — the prohibitions may be difficult to enforce absent a statutory remedy or designated enforcement authority.
This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
Section 3 sets the effective date as the first day of the third month following passage and approval by the Governor, or its otherwise becoming law. Because the bill did not advance, this provision is moot.