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| 1 | + | Amended IN Assembly May 06, 2024 Amended IN Assembly February 28, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1814Introduced by Assembly Member TingJanuary 10, 2024An act to add Section 13661 to the Penal Code, relating to law enforcement.LEGISLATIVE COUNSEL'S DIGESTAB 1814, as amended, Ting. Law enforcement agencies: facial recognition technology.Existing law, generally, regulates state and local law enforcement agencies regarding subject matter that includes the selection and training of peace officers, the maintenance and release of records, the use of force, and the use of certain equipment. Previous law, until January 1, 2023, prohibited the use of real-time facial recognition technology (FRT) by law enforcement agencies in connection with body-worn cameras.This bill would prohibit a law enforcement agency or peace officer from using an FRT-generated match as the sole basis for probable cause in an arrest, search, or warrant. The bill would authorize a court to award damages of up to $25,000 and reasonable attorneys fees to an individual who is subjected to a violation of this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 13661 is added to the Penal Code, to read:13661. (a) A law enforcement agency or peace officer shall not use a facial recognition technology (FRT) match as the sole basis for probable cause for an arrest, search, or affidavit for a warrant.(b) A peace officer using information obtained from the use of FRT shall examine results with care and consider the possibility that matches could be inaccurate.(c) For purposes of this section, the following terms have the following meanings:(1) Facial recognition technology or FRT means a system that compares a probe image of an unidentified human face against a reference photograph database, and, based on biometric data, generates possible matches to aid in identifying the person in the probe image.(2) Probe image means an image of a person that is searched against a database of known, identified persons or an unsolved photograph file.(3) Reference photograph database means a database populated with photographs of individuals that have been identified, including databases composed of drivers licenses or other documents made or issued by or under the authority of the state, a political subdivision thereof, any other state, or a federal agency, databases operated by third parties, and arrest photograph databases. Nothing in this This paragraph shall not be deemed to abrogate the provisions of Section 12800.7 of the Vehicle Code or any other provision of law limiting the use of databases populated with photographs of individuals.(d) (1) A violation of this section constitutes false arrest, as defined in Section 236, for which damages of up to twenty-five thousand dollars ($25,000) may be awarded to an individual who is subjected to the false arrest.(2) A court shall award reasonable attorneys fees to a prevailing plaintiff under this subdivision.(3) This subdivision does not preclude any other remedies available under other applicable laws. | |
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| 3 | - | ||
| 3 | + | Amended IN Assembly May 06, 2024 Amended IN Assembly February 28, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1814Introduced by Assembly Member TingJanuary 10, 2024An act to add Section 13661 to the Penal Code, relating to law enforcement.LEGISLATIVE COUNSEL'S DIGESTAB 1814, as amended, Ting. Law enforcement agencies: facial recognition technology.Existing law, generally, regulates state and local law enforcement agencies regarding subject matter that includes the selection and training of peace officers, the maintenance and release of records, the use of force, and the use of certain equipment. Previous law, until January 1, 2023, prohibited the use of real-time facial recognition technology (FRT) by law enforcement agencies in connection with body-worn cameras.This bill would prohibit a law enforcement agency or peace officer from using an FRT-generated match as the sole basis for probable cause in an arrest, search, or warrant. The bill would authorize a court to award damages of up to $25,000 and reasonable attorneys fees to an individual who is subjected to a violation of this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly May 06, 2024 Amended IN Assembly February 28, 2024 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate June 12, 2024 | |
| 8 | 7 | Amended IN Assembly May 06, 2024 | |
| 9 | 8 | Amended IN Assembly February 28, 2024 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Assembly Bill | |
| 14 | 13 | ||
| 15 | 14 | No. 1814 | |
| 16 | 15 | ||
| 17 | 16 | Introduced by Assembly Member TingJanuary 10, 2024 | |
| 18 | 17 | ||
| 19 | 18 | Introduced by Assembly Member Ting | |
| 20 | 19 | January 10, 2024 | |
| 21 | 20 | ||
| 22 | 21 | An act to add Section 13661 to the Penal Code, relating to law enforcement. | |
| 23 | 22 | ||
| 24 | 23 | LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | 25 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 26 | ||
| 28 | 27 | AB 1814, as amended, Ting. Law enforcement agencies: facial recognition technology. | |
| 29 | 28 | ||
| 30 | - | Existing law, generally, regulates state and local law enforcement agencies regarding subject matter that includes the selection and training of peace officers, the maintenance and release of records, the use of force, and the use of certain equipment. Previous law, until January 1, 2023, prohibited the use of real-time facial recognition technology (FRT) by law enforcement agencies in connection with body-worn cameras.This bill would prohibit a law enforcement agency or peace officer from using an FRT-generated match as the sole basis for probable cause in an arrest, search, or warrant. | |
| 29 | + | Existing law, generally, regulates state and local law enforcement agencies regarding subject matter that includes the selection and training of peace officers, the maintenance and release of records, the use of force, and the use of certain equipment. Previous law, until January 1, 2023, prohibited the use of real-time facial recognition technology (FRT) by law enforcement agencies in connection with body-worn cameras.This bill would prohibit a law enforcement agency or peace officer from using an FRT-generated match as the sole basis for probable cause in an arrest, search, or warrant. The bill would authorize a court to award damages of up to $25,000 and reasonable attorneys fees to an individual who is subjected to a violation of this provision. | |
| 31 | 30 | ||
| 32 | 31 | Existing law, generally, regulates state and local law enforcement agencies regarding subject matter that includes the selection and training of peace officers, the maintenance and release of records, the use of force, and the use of certain equipment. Previous law, until January 1, 2023, prohibited the use of real-time facial recognition technology (FRT) by law enforcement agencies in connection with body-worn cameras. | |
| 33 | 32 | ||
| 34 | - | This bill would prohibit a law enforcement agency or peace officer from using an FRT-generated match as the sole basis for probable cause in an arrest, search, or warrant. | |
| 33 | + | This bill would prohibit a law enforcement agency or peace officer from using an FRT-generated match as the sole basis for probable cause in an arrest, search, or warrant. The bill would authorize a court to award damages of up to $25,000 and reasonable attorneys fees to an individual who is subjected to a violation of this provision. | |
| 35 | 34 | ||
| 36 | 35 | ## Digest Key | |
| 37 | 36 | ||
| 38 | 37 | ## Bill Text | |
| 39 | 38 | ||
| 40 | - | The people of the State of California do enact as follows:SECTION 1. Section 13661 is added to the Penal Code, to read:13661. (a | |
| 39 | + | The people of the State of California do enact as follows:SECTION 1. Section 13661 is added to the Penal Code, to read:13661. (a) A law enforcement agency or peace officer shall not use a facial recognition technology (FRT) match as the sole basis for probable cause for an arrest, search, or affidavit for a warrant.(b) A peace officer using information obtained from the use of FRT shall examine results with care and consider the possibility that matches could be inaccurate.(c) For purposes of this section, the following terms have the following meanings:(1) Facial recognition technology or FRT means a system that compares a probe image of an unidentified human face against a reference photograph database, and, based on biometric data, generates possible matches to aid in identifying the person in the probe image.(2) Probe image means an image of a person that is searched against a database of known, identified persons or an unsolved photograph file.(3) Reference photograph database means a database populated with photographs of individuals that have been identified, including databases composed of drivers licenses or other documents made or issued by or under the authority of the state, a political subdivision thereof, any other state, or a federal agency, databases operated by third parties, and arrest photograph databases. Nothing in this This paragraph shall not be deemed to abrogate the provisions of Section 12800.7 of the Vehicle Code or any other provision of law limiting the use of databases populated with photographs of individuals.(d) (1) A violation of this section constitutes false arrest, as defined in Section 236, for which damages of up to twenty-five thousand dollars ($25,000) may be awarded to an individual who is subjected to the false arrest.(2) A court shall award reasonable attorneys fees to a prevailing plaintiff under this subdivision.(3) This subdivision does not preclude any other remedies available under other applicable laws. | |
| 41 | 40 | ||
| 42 | 41 | The people of the State of California do enact as follows: | |
| 43 | 42 | ||
| 44 | 43 | ## The people of the State of California do enact as follows: | |
| 45 | 44 | ||
| 46 | - | SECTION 1. Section 13661 is added to the Penal Code, to read:13661. (a | |
| 45 | + | SECTION 1. Section 13661 is added to the Penal Code, to read:13661. (a) A law enforcement agency or peace officer shall not use a facial recognition technology (FRT) match as the sole basis for probable cause for an arrest, search, or affidavit for a warrant.(b) A peace officer using information obtained from the use of FRT shall examine results with care and consider the possibility that matches could be inaccurate.(c) For purposes of this section, the following terms have the following meanings:(1) Facial recognition technology or FRT means a system that compares a probe image of an unidentified human face against a reference photograph database, and, based on biometric data, generates possible matches to aid in identifying the person in the probe image.(2) Probe image means an image of a person that is searched against a database of known, identified persons or an unsolved photograph file.(3) Reference photograph database means a database populated with photographs of individuals that have been identified, including databases composed of drivers licenses or other documents made or issued by or under the authority of the state, a political subdivision thereof, any other state, or a federal agency, databases operated by third parties, and arrest photograph databases. Nothing in this This paragraph shall not be deemed to abrogate the provisions of Section 12800.7 of the Vehicle Code or any other provision of law limiting the use of databases populated with photographs of individuals.(d) (1) A violation of this section constitutes false arrest, as defined in Section 236, for which damages of up to twenty-five thousand dollars ($25,000) may be awarded to an individual who is subjected to the false arrest.(2) A court shall award reasonable attorneys fees to a prevailing plaintiff under this subdivision.(3) This subdivision does not preclude any other remedies available under other applicable laws. | |
| 47 | 46 | ||
| 48 | 47 | SECTION 1. Section 13661 is added to the Penal Code, to read: | |
| 49 | 48 | ||
| 50 | 49 | ### SECTION 1. | |
| 51 | 50 | ||
| 52 | - | 13661. (a | |
| 51 | + | 13661. (a) A law enforcement agency or peace officer shall not use a facial recognition technology (FRT) match as the sole basis for probable cause for an arrest, search, or affidavit for a warrant.(b) A peace officer using information obtained from the use of FRT shall examine results with care and consider the possibility that matches could be inaccurate.(c) For purposes of this section, the following terms have the following meanings:(1) Facial recognition technology or FRT means a system that compares a probe image of an unidentified human face against a reference photograph database, and, based on biometric data, generates possible matches to aid in identifying the person in the probe image.(2) Probe image means an image of a person that is searched against a database of known, identified persons or an unsolved photograph file.(3) Reference photograph database means a database populated with photographs of individuals that have been identified, including databases composed of drivers licenses or other documents made or issued by or under the authority of the state, a political subdivision thereof, any other state, or a federal agency, databases operated by third parties, and arrest photograph databases. Nothing in this This paragraph shall not be deemed to abrogate the provisions of Section 12800.7 of the Vehicle Code or any other provision of law limiting the use of databases populated with photographs of individuals.(d) (1) A violation of this section constitutes false arrest, as defined in Section 236, for which damages of up to twenty-five thousand dollars ($25,000) may be awarded to an individual who is subjected to the false arrest.(2) A court shall award reasonable attorneys fees to a prevailing plaintiff under this subdivision.(3) This subdivision does not preclude any other remedies available under other applicable laws. | |
| 53 | 52 | ||
| 54 | - | 13661. (a | |
| 53 | + | 13661. (a) A law enforcement agency or peace officer shall not use a facial recognition technology (FRT) match as the sole basis for probable cause for an arrest, search, or affidavit for a warrant.(b) A peace officer using information obtained from the use of FRT shall examine results with care and consider the possibility that matches could be inaccurate.(c) For purposes of this section, the following terms have the following meanings:(1) Facial recognition technology or FRT means a system that compares a probe image of an unidentified human face against a reference photograph database, and, based on biometric data, generates possible matches to aid in identifying the person in the probe image.(2) Probe image means an image of a person that is searched against a database of known, identified persons or an unsolved photograph file.(3) Reference photograph database means a database populated with photographs of individuals that have been identified, including databases composed of drivers licenses or other documents made or issued by or under the authority of the state, a political subdivision thereof, any other state, or a federal agency, databases operated by third parties, and arrest photograph databases. Nothing in this This paragraph shall not be deemed to abrogate the provisions of Section 12800.7 of the Vehicle Code or any other provision of law limiting the use of databases populated with photographs of individuals.(d) (1) A violation of this section constitutes false arrest, as defined in Section 236, for which damages of up to twenty-five thousand dollars ($25,000) may be awarded to an individual who is subjected to the false arrest.(2) A court shall award reasonable attorneys fees to a prevailing plaintiff under this subdivision.(3) This subdivision does not preclude any other remedies available under other applicable laws. | |
| 55 | 54 | ||
| 56 | - | 13661. (a | |
| 55 | + | 13661. (a) A law enforcement agency or peace officer shall not use a facial recognition technology (FRT) match as the sole basis for probable cause for an arrest, search, or affidavit for a warrant.(b) A peace officer using information obtained from the use of FRT shall examine results with care and consider the possibility that matches could be inaccurate.(c) For purposes of this section, the following terms have the following meanings:(1) Facial recognition technology or FRT means a system that compares a probe image of an unidentified human face against a reference photograph database, and, based on biometric data, generates possible matches to aid in identifying the person in the probe image.(2) Probe image means an image of a person that is searched against a database of known, identified persons or an unsolved photograph file.(3) Reference photograph database means a database populated with photographs of individuals that have been identified, including databases composed of drivers licenses or other documents made or issued by or under the authority of the state, a political subdivision thereof, any other state, or a federal agency, databases operated by third parties, and arrest photograph databases. Nothing in this This paragraph shall not be deemed to abrogate the provisions of Section 12800.7 of the Vehicle Code or any other provision of law limiting the use of databases populated with photographs of individuals.(d) (1) A violation of this section constitutes false arrest, as defined in Section 236, for which damages of up to twenty-five thousand dollars ($25,000) may be awarded to an individual who is subjected to the false arrest.(2) A court shall award reasonable attorneys fees to a prevailing plaintiff under this subdivision.(3) This subdivision does not preclude any other remedies available under other applicable laws. | |
| 57 | 56 | ||
| 58 | 57 | ||
| 59 | 58 | ||
| 60 | - | 13661. (a) (1) A law enforcement agency or peace officer shall not use a facial recognition technology (FRT) match as the sole basis for probable cause for an arrest, search, or affidavit for a warrant. arrest or search. | |
| 61 | - | ||
| 62 | - | (2) A judge shall not grant an application for a warrant based solely on an FRT match. | |
| 59 | + | 13661. (a) A law enforcement agency or peace officer shall not use a facial recognition technology (FRT) match as the sole basis for probable cause for an arrest, search, or affidavit for a warrant. | |
| 63 | 60 | ||
| 64 | 61 | (b) A peace officer using information obtained from the use of FRT shall examine results with care and consider the possibility that matches could be inaccurate. | |
| 65 | 62 | ||
| 66 | 63 | (c) For purposes of this section, the following terms have the following meanings: | |
| 67 | 64 | ||
| 68 | 65 | (1) Facial recognition technology or FRT means a system that compares a probe image of an unidentified human face against a reference photograph database, and, based on biometric data, generates possible matches to aid in identifying the person in the probe image. | |
| 69 | 66 | ||
| 70 | 67 | (2) Probe image means an image of a person that is searched against a database of known, identified persons or an unsolved photograph file. | |
| 71 | 68 | ||
| 72 | - | (3) Reference photograph database means a database populated with photographs of individuals that have been identified, including databases composed of drivers licenses or other documents made or issued by or under the authority of the state, a political subdivision thereof, any other state, or a federal agency, databases operated by third parties, and arrest photograph databases. This paragraph shall not be deemed to abrogate the provisions of Section 12800.7 of the Vehicle Code or any other provision of law limiting the use of databases populated with photographs of individuals. | |
| 69 | + | (3) Reference photograph database means a database populated with photographs of individuals that have been identified, including databases composed of drivers licenses or other documents made or issued by or under the authority of the state, a political subdivision thereof, any other state, or a federal agency, databases operated by third parties, and arrest photograph databases. Nothing in this This paragraph shall not be deemed to abrogate the provisions of Section 12800.7 of the Vehicle Code or any other provision of law limiting the use of databases populated with photographs of individuals. | |
| 73 | 70 | ||
| 74 | - | (d) (1) A violation of this section constitutes false arrest, as defined in Section 236, | |
| 71 | + | (d) (1) A violation of this section constitutes false arrest, as defined in Section 236, for which damages of up to twenty-five thousand dollars ($25,000) may be awarded to an individual who is subjected to the false arrest. | |
| 75 | 72 | ||
| 76 | - | (2) A court shall award reasonable attorneys fees to a prevailing plaintiff | |
| 73 | + | (2) A court shall award reasonable attorneys fees to a prevailing plaintiff under this subdivision. | |
| 77 | 74 | ||
| 78 | 75 | (3) This subdivision does not preclude any other remedies available under other applicable laws. | |
| 79 | - | ||
| 80 | - | (4) For purposes of this subdivision, a false arrest occurs when an individual is detained, arrested, or otherwise placed in custody without legal justification. |