Bill > S1917

Introduced Session

This bill prohibits police departments and law enforcement officers in this State from using facial recognition systems in body-worn police cameras. The bill specifically prohibits municipal and county police departments, the Division of State Police in the Department of Law and Public Safety, and law enforcement officers of these departments and the State Police, from installing, activating, or using any facial recognition or other biometric surveillance system in connection with an officer camera, or data collected by an officer camera. Under the bill, officer cameras include body-worn cameras or similar devices that record or transmit images or sound and is attached to the body or clothing of, or carried by, a law enforcement officer. The bill defines "facial recognition or other biometric surveillance" as an automated or semi-automated process by which a person is identified or attempted to be identified based on the characteristics of their face or based on their biometric data, including identification of known or unknown persons or groups; or an automated or semi-automated process that generates, or assists in generating, surveillance information about a person based on the characteristics of a person's face or based on biometric data. "Facial recognition or biometric surveillance system" is defined as any computer software or application that performs facial recognition or other biometric surveillance. Police departments and law enforcement officers are not prohibited by the bill from lawfully using a mobile fingerprint scanning device during a lawful detention to identify a person who does not have proof of identification, but the use may not generate biometric data or result in retaining this data or information. A person may seek injunctive or declaratory relief in a court of competent jurisdiction for violations of the bill's provisions. The person is entitled to recover actual damages and additional damages of $100 for each violation, or $1,000, whichever is greater. The court also is to award costs and reasonable attorneys' fees to a prevailing plaintiff. Violations by law enforcement officers may result in retraining, suspension, or termination.

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Nia Gill (D)*, 

Introduced in the Senate, Referred to Senate Law and Public Safety Committee (on 02/25/2020)