WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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.
(a)(1) FACIAL BIOMETRIC DATAFacial biometric dataA unique numerical representation of an individual's face generated by facial recognition technology based on measurements derived from a facial image, also known as a facial template.Section 1(a)(1). A unique numerical representation of an individual's face generated by facial recognition technologyFacial recognition technologyAny computer software or application that, for the purpose of attempting to determine the identity of an unknown individual, generates facial biometric data, searches for matching facial biometric data in a database populated with many individuals' facial biometric data linked to personally identifiable information, and provides match results based on the similarity between the unknown individual's facial biometric data and the facial biometric data in the database.Section 1(a)(2) based on measurements derived from a facial image, also known as a facial template.
(a)(2) FACIAL RECOGNITION TECHNOLOGYFacial recognition technologyAny computer software or application that, for the purpose of attempting to determine the identity of an unknown individual, generates facial biometric data, searches for matching facial biometric data in a database populated with many individuals' facial biometric data linked to personally identifiable information, and provides match results based on the similarity between the unknown individual's facial biometric data and the facial biometric data in the database.Section 1(a)(2). Any computer software or application that, for the purpose of attempting to determine the identity of an unknown individual, generates facial biometric dataFacial biometric dataA unique numerical representation of an individual's face generated by facial recognition technology based on measurements derived from a facial image, also known as a facial template.Section 1(a)(1), searches for matching facial biometric dataFacial biometric dataA unique numerical representation of an individual's face generated by facial recognition technology based on measurements derived from a facial image, also known as a facial template.Section 1(a)(1) in a database populated with many individuals' facial biometric dataFacial biometric dataA unique numerical representation of an individual's face generated by facial recognition technology based on measurements derived from a facial image, also known as a facial template.Section 1(a)(1) linked to personally identifiable information, and provides match results based on the similarity between the unknown individual's facial biometric dataFacial biometric dataA unique numerical representation of an individual's face generated by facial recognition technology based on measurements derived from a facial image, also known as a facial template.Section 1(a)(1) and the facial biometric dataFacial biometric dataA unique numerical representation of an individual's face generated by facial recognition technology based on measurements derived from a facial image, also known as a facial template.Section 1(a)(1) in the database.
Section 1 establishes the two key defined terms for the act: facial biometric data (the numerical representation of a face derived from a facial image) and facial recognition technology (software that generates facial biometric data, searches a database of such data linked to personally identifiable information, and returns match results). The definition of facial recognition technology is narrowly scoped to identification-purpose software that operates against a populated database — it would not cover simple face-detection or liveness-check systems that do not search against a database of known individuals.
(a)–(b) 1 A state or local law enforcement agency may not use facial recognition technologyFacial recognition technologyAny computer software or application that, for the purpose of attempting to determine the identity of an unknown individual, generates facial biometric data, searches for matching facial biometric data in a database populated with many individuals' facial biometric data linked to personally identifiable information, and provides match results based on the similarity between the unknown individual's facial biometric data and the facial biometric data in the database.Section 1(a)(2) match results as the sole basis to establish probable cause in a criminal investigation or to make an arrest. (b) To establish probable cause in a criminal investigation or to make an arrest, a state or local law enforcement agency may use facial recognition technologyFacial recognition technologyAny computer software or application that, for the purpose of attempting to determine the identity of an unknown individual, generates facial biometric data, searches for matching facial biometric data in a database populated with many individuals' facial biometric data linked to personally identifiable information, and provides match results based on the similarity between the unknown individual's facial biometric data and the facial biometric data in the database.Section 1(a)(2) match results only in conjunction with other lawfully obtained information and evidence.
Section 2 contains the act's sole operative obligation: state and local law enforcement agencies may not use facial recognition technology match results as the sole basis to establish probable cause or to make an arrest. Subsection (b) clarifies the permissible use — match results may be used in conjunction with other lawfully obtained information and evidence. The practical effect is a corroboration requirement: facial recognition is not banned, but it cannot stand alone as the evidentiary foundation for an arrest or probable cause determination.
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 provides that the act becomes effective on the first day of the third month following passage and approval by the Governor, or its otherwise becoming law. Based on the legislative history (Senate concurrence in House amendment on April 5, 2022), the effective date would fall in mid-2022.