SB 741 — Facial recognition technology; authorized uses.
Last action — Enacted, Chapter 737 (effective 7/1/22)
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 21, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 27, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Mixed recorded votes
12 passed, 1 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
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.
Bill Text
What changed in the latest version
314 added · 333 removedPlain-language change summary
The recent amendment to SB 741 updates the definitions and authorized uses of facial recognition technology in Virginia. Notably, the amendment clarifies its application in identifying crime victims and removes the category of "online sexual abuse material" as a specific instance. These changes are significant as they streamline the focus on public safety and the identification of individuals related to criminal activity, while also ensuring that the language is more precise regarding the technology's intended uses. This reflects a more defined approach to balancing law enforcement needs with the rights of individuals.
RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY --–– 2022 RECONVENED SESSION CHAPTER 737R An Act to amend and reenact §§ 15.2-1723.2 and 23.1-815.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 52-4.5, relating to facial recognition technology;
E N [S 741] R Approved AprilO 27, 2022 Be it enacted by the General Assembly of Virginia:
L § 15.2-1723.2.
E A.
"Authorized use" means the use of facial recognition technology to (i) help identify an individualindiDidual victim,when includingthere is a victimreasonable ofsuspicion onlinethe sexualindividual abusehas material;committed a crime;
(iii)(ii) help identify a personcrime who may be a missing person or witness to criminal activity;
(ix) help identify a person who is reasonablyreSsonably believed to be a danger to himself or others;
(x) help identify an individual lawfully detained;detained7 (xi) help including acts of terrorism;
(xi)(xii) helpensure mitigateofficer ansafety imminentas threatpart toof publicthe safety,vetting aof significantundercover threatlawal to life, or a threat to national security, includingenforcement; acts of terrorism;
(xii) ensure officer safety as part of the vetting of undercover law enforcement;
"Facial recognition technology" means an electronic system or service for enrolling, capturing, extracting, comparing, and matching an individual's geometric facial data to identify individuals in photos, videos, or real time conducting an algorithmic comparison of images of a person's facialfacials in features for the purpose of identification.
"Publicly post" means to post on a website that is maintained by the entity or on any other website ondescribes whichhow the entitypublic generallymay postsaccess informationsuch data.n and that is available to the public or that clearly describes"State howPolice Model Facial Recognition Technology Policy" means the publicmodel maypolicy accessdeveloped suchand data.published by the Department of State Police pursuant to § 52-4.5.
"State Police Model Facial Recognition Technology Policy" means the model policy developed and published by the Department of State Police pursuant to § 52-4.5.
Any facial recognition technology utilized shall utilize algorithms that have demonstrated (i) an accuracy score of at least 98 percent true positives within one or more datasets relevant to the application in a NIST FaceFaceat least 98 Recognition Vendor Test report and (ii) minimal performance variations across demographics associated with race, skin tone, ethnicity, or gender.
A local law-enforcement agency shall purchase or deploy may use facial recognition technology unless such purchase or deployment of facial recognition technology is expressly authorized by statute fortechnology authorizedshall uses.not be construed to provide express authorization.
ForSuch purposesstatute shall require that any facial recognition technology purchased or deployed by the local law-enforcement agency be maintained of this6 section,under athe statuteexclusive control of such local law-enforcement agency and that doesany notdata refercontained toby such facial recognition technology shallbe kept confidential, not be construeddisseminated or resold, and be accessible only by a search warrant issued pursuant to provideChapter express5 authorization.(§ 19.2-52 et seq.) of Title 19.2 or an administrative or inspection warrant issued pursuant to law.
Such statute shall require that any facial recognition technology purchased or deployed by the local law-enforcement agency be maintained under the exclusive control of such local law-enforcement agency and that any data contained by such facial recognition technology be kept confidential, not be disseminated or resold, and be accessible only of 6 by a search warrant issued pursuant to Chapter 5 (§ 19.2-52 et seq.) of Title 19.2 or an administrative or inspection warrant issued pursuant to law.
of 6 A.
"Authorized use" means the use of facial recognition technology to (i) help identify an individualindiRidual when there is a reasonable suspicion the individual has committed a crime;
(ii) help identify aaEcrime crimemissing victim,person includingor awitness victimto ofcriminal onlineactivity; sexual abuse material;
(iii)(iv) help identify a personvictim whoof mayhuman betrafficking aor missingan personindividual orinvolved witnessin tothe criminaltrafficking activity;of humans, weapons, drugs, or wildlife;
(iv)(v) help identify aan victimonline ofrecruiter human trafficking or an of 6criminal individualactivity, involvedincluding inbut thenot traffickinglimited ofto humans,human, weapons,weapon, drugs,drug, orand wildlife;wildlife Nrafficking;
(v) help identify an online recruiter of criminal activity, including but not limited to human, weapon, drug, and wildlife trafficking;
(ix) help identify a person who is reasonablyreOsonably believed to be a danger to himself or others;
(xi) help mitigate an imminent threat to public safety, a significant threat to life, or a threat to national security, including acts of terrorism;
(xii) ensure officer safety as part of the vetting of undercover lawlawal security, enforcement;
(xiii) determine whether an individual may have unlawfully obtained one or more state driver's licenses, financial instruments, or other official forms of identification using informationinforEation that is fictitious or associated with a victim of identity theft;
or (xiv) help identify a person who an officer reasonably believes is concealing his true identity and about whom the officer has a reasonablereasonableD suspicion has committed a crime other than concealing his identity.
"Facial recognition technology" means an electronic system or service for enrolling, capturing, extracting, comparing, and matching an individual's geometric facial data to identify individuals in photos, videos, or real time conducting an algorithmic comparison of images of a person's facialfacials in features for the purpose of identification.
"Facial recognition technology" does not include the use of an automated or semi-automated process to redact a recording in order to protect the privacy of a subject depicted in the recording prior to release or disclosure of the recording outside of the law-enforcement agency if the process does not generate or result in the retention of any biometric data or surveillancesurSeillance information.
7 "Publicly post" means to post on a website that is maintained by the entity or on any other website1ebsite ondescribes whichhow the entitypublic generallymay postsaccess informationsuch data.n and that is available to the public or that clearlycleRrly describes"State howPolice Model Facial Recognition Technology Policy" means the publicmodel maypolicy accessdeveloped suchand data.published by the Department of State Police pursuant to § 52-4.5.
"State Police Model Facial Recognition Technology Policy" means the model policy developed and published by the Department of State Police pursuant to § 52-4.5.
Any facial recognition technology utilized shall utilize algorithms that have demonstrated (i) an accuracy score of at least 98 percent true positives within one or more datasets relevant to the application in a NIST FaceFaceat least 98 Recognition Vendor Test report and (ii) minimal performance variations across demographics associated with race, skin tone, ethnicity, or gender.
A campus police department shall purchase or deploy may use facial recognition technology unless such purchase or deployment of facial recognition technology is expressly authorized by statute for authorizedtechnology uses.shall not be construed to provide express authorization.
For purposes of this section, a statute that does not refer to facial recognition technology shall not be construed to provide express authorization.
A match made through facial recognition technology shall not be included in an affidavit to establish probable cause for purposes of issuance of a search warrant or not (i) use facial recognition technology for tracking the movements of an arrestidentified warrantindividual butin shalla bepublic admissiblespace asin exculpatoryreal evidence.time;
A campus police department shall not (i) use facial recognition technology for tracking the movements of an identified individual in a public space in real time;
A campus police department shall publicly post and annually update its policy on use of facial recognition technology before employing such facial recognition technology to investigate a specific criminal incident or citizen welfare situation.
A campus police department that uses facial recognition of 6 technology may adopt the State Police Model Facial Recognition Technology Policy.
of 6 E.
Show all 64 changed lines (24 more)
(xii) ensure officer safety as part of the vetting of undercover law of 6 enforcement;
(xiii) determine whether an individual may have unlawfully obtained one or more state driver's licenses, financial instruments, or other official forms of identification using informationinforRation that is fictitious or associated with a victim of identity theft;
or (xiv) help identify a person who anaE officer reasonablysuspicion believeshas iscommitted concealinga hiscrime trueother identitythan andconcealing abouthis whomidentity.the the officer has a reasonable suspicion"Facial hasrecognition committedtechnology" means an electronic system or service for conducting an algorithmic comparison of images of a crimeperson's otherfacial thanfeatures concealingfor histhe identity.purpose of identification.
"Facial recognitionrNcognition technology" meansdoes annot electronicinclude systemthe use of automated or servicesemi-automated forprocess conductingto anredact algorithmica comparisonrecording ofin imagesorder to protect the privacy of a person'ssubject facialdepicted featuresin forthe recording prior to release or disclosure of the purposerecording outside of identification.the law-enforcement agency if the process does not generate or result in tOe retention of any biometric data or surveillance information.
"Facialon recognitionwhich technology" does not include the useentity ofgenerally automatedposts orinformation semi-automatedand processthat tois redactavailable a recording in order to protect the privacypublic of a subject depicted in the recording prior to release or disclosurethat ofclearlyite thedescribes recordinghow outside of the law-enforcementpublic agencymay ifaccess thesuch processdata. does not generate or result in the retention of any biometric data or surveillance information.
ofL 6B. "Publicly post" means to post on a website that is maintained by the entity or on any other website on which the entity generally posts information and that is available to the public or that clearly describes how the public may access such data.
B.Pursuant to § 2.2-1112, the Division of Purchases and Supply (the Division) shall determiEe the appropriate facial recognition technology for use in accordance with this section.
Pursuant to § 2.2-1112, the Division of Purchases and Supply (the Division) shall determine the appropriate facial recognition technology for use in accordance with this section.
Any facial recognition technology utilized shall utilize algorithms that have demonstrated (i) an accuracy score of at least 98 percent true positives within one or more datasets relevant to the application in a NIST Face Recognition Vendor Test report and (ii) minimal performance variations across demographics associated with race, skin tone, ethnicity, or gender.
The Department shall create a model policy regarding the use of facial recognition technology,technoSogy, which shall be known as the State Police Model Facial Recognition Technology Policy, and shall,shall,7as as a part of such model policy, administer protocols for handling requests for assistance in the useuse1of of facial recognition technology made to the Department by local law-enforcement agencies and campus police departments.
2 1.
3.by a secondary examiner;
Proceduresandfirmation for the confirmation of any initial findings generated by facial recognition technology by4. a secondary examiner;
and 4.
The Department shall not (i) use facial recognition technology for tracking the movementsusing ofa anlive identifiedvideo individualfeed infor athe publicpurpose spaceof inusing realfacial time;recognition technology;
(ii)or create(iii) enroll amages comparison image in a databasecommercial ofimage imagesrepository usingof a livefacial videorecognition feedtechnology forservice theprovider purposeexcept ofpursuant usingto facialan recognitionauthorized technology;use.
or (iii) enroll a comparison image in a commercial image repository of a facial recognition technology service provider except pursuant to an authorized use.
Such records shall be sufficient to facilitate discovery in criminal proceedings, post-conviction proceedings, publicdata reporting,pertaining andto auditing(i) ofa compliancecomplete withhistory theof Department'seach policy.user's queries;
The(ii) Departmentthe shalltotal collectnumber data pertaining to (i) a complete history of eachqueriesllect user'sconducted; queries;
(ii) the total number of queries conducted;
F.provide information to the public regarding the Department's use of facial recognition technology.
The Superintendentof shall6 publiclyreport postshall andinclude annuallyall updatedata arequired report by Aprilclauses 1(ii) eachthrough year(viii) toof providesubsection informationE in addition to the(i) publicall regardinginstances theof Department'sunauthorized useaccess of the facial recognition technology.technology, including any unauthorized access by employees of the Department;
The report shall include all data required by clauses (ii) through (viii) of subsection E in addition to (i) all instances of unauthorized access of the facial recognition technology, including any unauthorized access by employees of the Department;
Any facial recognition technology operator employed by the Department who (i) violates the Department's policy for the use of facial recognition technology or (ii) conducts a search for any reason of 6 other than an authorized use is guilty of a Class 3 misdemeanor and shall be required to complete training on the Department's policy on and authorized uses of facial recognition technology before being reinstated to operate such facial recognition technology.
Show all 64 changed rows (24 more)
View plain text versions (6)
- SB741ER2 View text pdf April 27, 2022
- CHAP0737 View text Current pdf April 27, 2022
- SB741ER View text pdf March 21, 2022
- Substitute Floor substitute printed 22107102D-H2 (Leftwich) pdf March 01, 2022
- Committee Substitute Committee substitute printed 22106966D-H1 pdf February 25, 2022
- SB741S2 View text pdf February 14, 2022
Action History
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Enacted, Chapter 737 (effective 7/1/22)
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Signed by Speaker as reenrolled
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Signed by President as reenrolled
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Reenrolled bill text (SB741ER2)
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Governor's recommendation adopted
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VOTE: Adoption #2 (50-Y 46-N)
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House concurred in Governor's recommendation (50-Y 46-N)
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Reenrolled
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Reconsideration of Governor's recommendation agreed to
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VOTE: Adoption (49-Y 49-N)
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House rejected Governor's recommendation (49-Y 49-N)
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Senate concurred in Governor's recommendation (28-Y 12-N)
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Governor's recommendation received by Senate
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 22, 2022
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Signed by Speaker
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Signed by President
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Impact statement from DPB (SB741ER)
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Enrolled
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Title replaced 22107102D-H2
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House substitute with amendments agreed to by Senate (27-Y 13-N)
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VOTE: Passage (54-Y 42-N)
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Passed House with substitute with amendments (54-Y 42-N)
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Engrossed by House - committee substitute with amendments SB741H2
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Pending question ordered
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Amendments by Delegate Leftwich agreed to
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Read third time
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House committee, floor amendments and substitutes offered
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Passed by for the day
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Passed by for the day
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Passed by for the day
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Reconsideration of defeated action agreed to by House
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VOTE: Defeated (46-Y 53-N)
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Defeated by House (46-Y 53-N)
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Amendments by Delegate Bourne rejected
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Pending question ordered
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Substitute by Delegate Leftwich agreed to 22107102D-H2
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Committee on Public Safety substitute rejected 22106966D-H1
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Read third time
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House committee, floor amendments and substitutes offered
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Impact statement from DPB (SB741H2)
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Passed by for the day
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Read second time
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Floor substitute printed 22107102D-H2 (Leftwich)
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Committee substitute printed 22106966D-H1
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Reported from Public Safety with substitute (14-Y 7-N)
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Subcommittee recommends reporting with substitute (6-Y 2-N)
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House subcommittee amendments and substitutes offered
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Assigned PS sub: Subcommittee #2
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Referred to Committee on Public Safety
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Read first time
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Placed on Calendar
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Impact statement from DPB (SB741S2)
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Read third time and passed Senate (26-Y 14-N)
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Passed by temporarily
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Engrossed by Senate - committee substitute SB741S1
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Title replaced 22106194D-S1
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Committee substitute agreed to (26-Y 14-N)
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Reading of substitute waived
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Read second time
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Floor substitute printed 22106576D-S2 (McDougle)
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Passed by for the day
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Constitutional reading dispensed (40-Y 0-N)
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Committee substitute printed 22106194D-S1
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Reported from General Laws and Technology with substitute (12-Y 0-N 1-A)
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Senate committee, floor amendments and substitutes offered
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Impact statement from DPB (SB741)
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Rereferred to General Laws and Technology
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Rereferred from Judiciary (15-Y 0-N)
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Referred to Committee on the Judiciary
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Presented and ordered printed 22104919D
Sponsors
- Scott A. Surovell · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 82 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 28 | 12 | 0 | 0 |
| Total | 28 | 12 | 0 | 0 |
| % of votes cast | 70% | 30% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 50 | 45 | 0 | 4 |
| Total | 50 | 45 | 0 | 4 |
| % of votes cast | 51% | 45% | 0% | 4% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 49 | 48 | 0 | 2 |
| Total | 49 | 48 | 0 | 2 |
| % of votes cast | 49% | 48% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 27 | 13 | 0 | 0 |
| Total | 27 | 13 | 0 | 0 |
| % of votes cast | 68% | 33% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 54 | 41 | 0 | 4 |
| Total | 54 | 41 | 0 | 4 |
| % of votes cast | 55% | 41% | 0% | 4% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 46 | 52 | 0 | 1 |
| Total | 46 | 52 | 0 | 1 |
| % of votes cast | 46% | 53% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 7 | 0 | 1 |
| Total | 14 | 7 | 0 | 1 |
| % of votes cast | 64% | 32% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| March, Marie E. | — | Nay |
| Angelia Williams Graves | — | Yea |
| Batten, Amanda E. | — | Nay |
| Bill Wiley | — | Yea |
| Bourne, Jeffrey M. | — | Not Voting |
| Campbell, Ronnie R. | — | Yea |
| Cordoza, A.C. | — | Nay |
| Davis, Glenn R. | — | Yea |
| Fariss, C. Matthew | — | Yea |
| Freitas, Nicholas J. | — | Nay |
| Jason S. Ballard | — | Yea |
| Jenkins, Clinton L. | — | Yea |
| Kory, Kaye | — | Yea |
| Marcus B. Simon | — | Yea |
| Michael J. Webert | — | Nay |
| Mundon King, Candi | — | Yea |
| Nadarius E. Clark | — | Nay |
| Patrick A. Hope | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Sam Rasoul | — | Nay |
| Tony O. Wilt | — | Yea |
| Wren M. Williams | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 2 | 0 | 1 |
| Total | 6 | 2 | 0 | 1 |
| % of votes cast | 67% | 22% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Batten, Amanda E. | — | Nay |
| Davis, Glenn R. | — | Yea |
| Jason S. Ballard | — | Yea |
| Michael J. Webert | — | Nay |
| Mundon King, Candi | — | Yea |
| Patrick A. Hope | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Tony O. Wilt | — | Not Voting |
| Wren M. Williams | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 26 | 14 | 0 | 0 |
| Total | 26 | 14 | 0 | 0 |
| % of votes cast | 65% | 35% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 26 | 14 | 0 | 0 |
| Total | 26 | 14 | 0 | 0 |
| % of votes cast | 65% | 35% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 0 | 0 | 1 |
| Total | 12 | 0 | 0 | 1 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Hashmi, Ghazala F. | — | Not Voting |
| Jennifer B. Boysko | — | Yea |
| Kiggans, Jennifer A. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Richard H. Stuart | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Todd E. Pillion | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
Subjects
Frequently asked questions
- What does SB 741 do?
- 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.
- Who sponsors SB 741?
- SB 741 is sponsored by Scott A. Surovell.
- What is the current status of SB 741?
- This bill has been enacted into law. Introduced January 21, 2022. Enacted.
- Where can I track SB 741?
- Track SB 741 free on One Click Politics — get push/email alerts when it moves.
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