24 LC 28 0616
House Bill 1245
By: Representatives Cummings of the 39
th
, Smith of the 18
th
, Vance of the 133
rd
, Crowe of
the 118
th
, and Neal of the 79
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to
1
general provisions regarding law enforcement officers and agencies, so as to provide for2
definitions; to provide for legislative intent and findings; to provide for the use and3
limitations of use of facial recognition technology by law enforcement agencies in this state;4
to provide for procedures for the use of such software; to provide for certain prohibitions; to5
provide for requests for assistance to other law enforcement agencies; to provide for certain6
releases and indemnities with regard to such requests for assistance; to provide for certain7
auditing; to provide for violations and penalties; to provide for related matters; to repeal8
conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general12
provisions regarding law enforcement officers and agencies, is amended by adding a new13
Code section to read as follows:14
"35-1-24.
15
(a) As used in this Code section, the term:16
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(1) 'Candidate list' means one or more facial images from a facial recognition search17
using facial recognition software.18
(2) 'Facial recognition repository' means a location or data base, digital or otherwise, in19
which facial images are collected and stored for comparison during a facial recognition20
search.21
(3) 'Facial recognition search' means an automated process of matching facial images22
utilizing algorithms and biometric scanning technologies.23
(4) 'Facial recognition software' means computer programs that use algorithms and24
biometric scanning technologies to compare and match facial images with a probe image.25
(5) 'Facial recognition specialist' means a person trained and authorized to use facial26
recognition software and whose duty it is to conduct facial recognition searches.27
(6) 'Likely candidate' means a specific image contained within a candidate list depicting28
the face of a person which, when combined with a human-based facial comparison,29
depicts sufficient similarities or attributes to warrant further investigation and peer30
review.31
(7) 'Peer review' means an additional layer of verification of facial recognition results by32
which another facial recognition specialist conducts an independent probe image search33
using a blind review.34
(8) 'Probe image' means any facial image used by facial recognition software for35
comparison with the facial images contained in the facial recognition repository or36
repositories used by the facial recognition software.37
(b)(1) It is the policy of the State of Georgia that facial recognition software be used by38
law enforcement agencies only for the purposes of identifying persons involved in39
criminal cases, other special law enforcement related purposes, and in the support of40
public welfare.41
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(2) The State of Georgia continually seeks to balance the use of technology-based42
investigative tools against privacy concerns to ensure that the constitutional rights and the43
safety of all individuals are both protected.44
(3) Facial recognition software is intended to assist law enforcement officers and45
agencies with identifying criminal actors while ensuring that improper or incorrect visual46
identification does not lead to the arrest or prosecution of an innocent individual. It is47
intended to provide investigators with tools to develop possible suspects in crimes based48
upon similarities in facial characteristics.49
(4) Facial recognition searches may be used as an item of evidence in a criminal50
investigation. However, it is the obligation of the law enforcement officer and agency51
to ensure that the necessary level of additional supporting evidence exists to establish52
needed legal standards to pursue criminal charges. Facial recognition searches may also53
be used by law enforcement officers and agencies to support public welfare and medical54
related events to assist with the identification of individuals.55
(c) Law enforcement officers in criminal cases shall seek corroborating evidence on any56
person identified after receiving the results of a facial recognition search of a probe image57
on facial recognition software authorized by the agency employing the law enforcement58
officer. Such corroborating evidence should independently support probable cause for59
criminal charges. Law enforcement officers who are authorized to use facial recognition60
data bases shall only do so through a facial recognition specialist authorized to perform61
such facial recognition searches by the agency by which the law enforcement officer is62
employed and shall use only lawfully acquired facial images for use as probe images and63
shall use only agency-authorized facial recognition repositories containing lawfully64
acquired facial images and publicly available image galleries.65
(d) Uses for which law enforcement officers and agencies may conduct facial recognition66
searches are to assist in:67
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(1) Identifying an individual when there is a reasonable suspicion that the individual has68
committed, is committing, or is planning the commission of a crime;69
(2) Identifying a crime victim, including a victim of online sexual abuse material;70
(3) Identifying a victim of human trafficking or an individual involved in the trafficking71
of humans, weapons, drugs, or wildlife;72
(4) Identifying a person that may be a missing person;73
(5) Identifying a person who is suffering from an inability to communicate and be74
understood as the result of an apparent mental or physical disability;75
(6) Identifying a deceased person;76
(7) Identifying a person who is incapacitated or otherwise unable to identify himself or77
herself;78
(8) Identifying an individual who is lawfully detained; and79
(9) Mitigating an imminent threat to public safety or a significant threat to life, including80
acts of terrorism.81
Any result from a facial recognition search shall be used only as a guide for further82
investigation.83
(e) Each law enforcement agency desiring to utilize facial recognition software and do84
facial recognition searches shall first adopt in writing the use of such facial recognition85
software and establish standard operating procedures for the agency in the use of such86
software.87
(f) The standard operating procedure for use of facial recognition software and searches88
shall include procedures that cover the following requirements:89
(1) A law enforcement agency shall prior to authorizing the use of facial recognition90
software ensure that the facial recognition specialist who will operate the facial91
recognition software has satisfactorily completed agency approved training in the use of92
such software; shall assign each such facial recognition specialist a unique username and93
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password for the use of such facial recognition software; and shall ensure that only94
authorized persons use such facial recognition software;95
(2) When using facial recognition software, the facial recognition specialist shall:96
(A) Use the facial recognition software only for official and legitimate law97
enforcement business;98
(B) Log in using the username and password assigned such specialist;99
(C) Record the case number in the incident report and, if applicable, in the100
investigative data base;101
(D) Record the legitimate law enforcement reason or basis for the search in the incident102
report and, if applicable, in the investigative data base;103
(E) Only utilize probe images that have been collected in accordance with state and104
federal law;105
(F) Only use facial recognition software that is approved and authorized by the law106
enforcement agency; and107
(G) Ensure that each member of the law enforcement agency who submits a request108
for a facial recognition search correctly documents such request and the results of such109
search, whether such search results in any investigative leads or not, in the incident110
report; and111
(3) All facial recognition searches to attempt to identify an unidentified suspect in a112
criminal investigation shall be performed in the following sequence and manner:113
(A) A facial recognition search shall be performed by a facial recognition specialist114
using a probe image of the unidentified suspect utilizing a facial recognition repository115
and facial recognition software approved by the law enforcement agency;116
(B) Following a facial recognition search which yields a candidate list of likely117
candidates, a human-based facial comparison shall be made of the persons in the118
candidate list;119
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(C) In addition, a peer review of the likely candidates on the candidate list shall be120
made;121
(D) Following the human-based facial comparison and peer review of the candidates122
on the candidate list, investigations shall be made of the likely candidates to reveal123
corroborating or exculpatory evidence;124
(E) Prior to pursuing criminal charges or warrants in a matter under investigation in125
which a facial recognition search was made, a superior officer shall review the case to126
ensure that procedures were followed and there is sufficient evidence to seek warrants127
for the suspect; and128
(F) The evidence shall be submitted to the proper judge for review prior to the issuance129
of any warrants.130
(g) No person on behalf of a law enforcement agency or law enforcement officer in this131
state shall connect any facial recognition software to any interface that performs live video132
surveillance, including, but not limited to, surveillance cameras, drone cameras, and133
body-worn cameras. This subsection shall not however preclude the use of still images or134
snapshots from being captured from video streams and used as probe images for a facial135
recognition search.136
(h) No facial recognition software shall be utilized by or on behalf of any law enforcement137
agency or law enforcement officer on live stream or recorded video of the general public138
or for surveillance of the general public.139
(i) The use of force to capture a person's image for a probe image in a facial recognition140
search shall be illegal.141
(j) Only facial recognition software that is approved by the law enforcement agency in142
writing shall be used for facial recognition searches. It shall be illegal for law enforcement143
agencies and law enforcement officers to use facial recognition software that is obtained144
through a complimentary pilot program, demonstration program, personal account, or trial145
period in any law enforcement investigation.146
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(k) Access to the facial recognition software of a law enforcement agency by another law147
enforcement agency shall require a written request for assistance from a supervisory level148
official of the requesting law enforcement agency which shall be reviewed and approved149
by a supervisory level official of the law enforcement agency to which the request is made. 150
The requesting law enforcement agency shall submit with the request for access to facial151
recognition services a signed interagency agreement or memorandum of understanding152
which acknowledges that:153
(1) The requesting law enforcement agency agrees to comply with all provisions of law154
regarding the conduct and use of facial recognition software and searches;155
(2) The requesting law enforcement agency acknowledges that the results from a facial156
recognition search shall not be considered as a positive identification of any person;157
(3) The requesting law enforcement agency will use the facial recognition software and158
searches for legitimate law enforcement purposes only which shall be limited to the159
identification of suspects in criminal investigations, the identification of persons unable160
to identify themselves, and other purposes specifically authorized by the law enforcement161
agency to which the request is made;162
(4) Facial recognition software shall not be used for surveillance or tracking purposes;163
(5) The requesting law enforcement agency shall not utilize the results of a facial164
recognition search alone for the purpose of establishing an articulable suspicion for an165
investigatory stop of an individual, probable cause for an arrest, or probable cause for a166
search warrant. The requesting agency shall pursue criminal charges against an167
individual identified by a facial recognition search only when there is corroborating168
evidence creating probable cause to believe that such individual committed a crime;169
(6) The requesting law enforcement agency shall use facial recognition software in170
accordance with federal and state statutory and constitutional law and in accordance with171
the requirements and procedures of the agency to which the request is made;172
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(7) The results and any other information obtained as a result of a facial recognition173
search will be kept confidential except as disclosure is otherwise permitted by law and174
will be held and purged in accordance with the retention policy of the requesting agency;175
and176
(8) The probe images which are submitted by the requesting law enforcement agency177
were lawfully obtained and do not violate the privacy rights, publicity rights, copyrights,178
contract rights, intellectual property rights, or any other rights of any person and that the179
use of the probe images in conjunction with a facial recognition search using the facial180
recognition software of the law enforcement agency to which the request is made will not181
result in a breach of contract between the requesting law enforcement agency and any182
third party.183
(l) A law enforcement agency which requests access to the facial recognition software of184
another law enforcement agency which request is granted shall be deemed to have released185
the governing authority of the law enforcement agency to which the request is made, the186
members of the governing authority, the governmental entity, the law enforcement agency187
to which the request is made, and all officers, elected officials, employees, agents,188
volunteers, and representatives of such governmental entity and law enforcement agency,189
both in their individual and representative capacities, from any responsibility or liability190
for any actions, causes of actions, claims, demands, costs, liabilities, expenses, or damages191
which are in any way connected to the information provided by the law enforcement192
agency to which the request for use of facial recognition software was made or any loss or193
damage arising from, or allegedly arising from, the information provided by the law194
enforcement agency to which the request for use of facial recognition software was made. 195
This release shall not apply to any claims arising from intentional misconduct on the part196
of the law enforcement agency or any of its personnel to which the request for use of facial197
recognition software is made.198
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(m) By requesting access to the facial recognition software of another law enforcement199
agency, the requesting law enforcement agency shall be deemed to have agreed to defend200
and hold harmless the law enforcement agency to which the request was made, the201
governing authority of the law enforcement agency to which the request is made, the202
members of the governing authority, the governmental entity, and all officers, elected203
officials, employees, agents, volunteers, and representatives, both in their individual and204
representative capacities, from any and all claims and liability for damages, property205
damages, and personal injuries or damages, including death, judgments, causes of action,206
liens, costs, and legal expenses, including attorney fees, in any way connected to or207
stemming from the information provided by the law enforcement agency to which the208
request was made for a facial recognition search to the requesting agency. In addition, the209
requesting law enforcement agency shall also indemnify and hold harmless the law210
enforcement agency to which the request for a facial recognition search was made and the211
other parties identified in this subsection from and against all claims, actions, suits,212
proceedings, losses, damages, costs, and expenses, including attorney fees, arising out of213
or resulting from, directly or indirectly, any failure of the requesting agency to comply with214
the provisions of this Code section and the interagency agreement or memorandum of215
understanding regarding the use of facial recognition software or the conduct of facial216
recognition searches pursuant to such agreement or memorandum.217
(n) Any law enforcement agency utilizing facial recognition software shall maintain and218
ensure compliance with the provisions of this Code section and state and federal law with219
regard to the use of such software. As a part of such program to ensure compliance, the220
law enforcement agency shall conduct random sample audits of authorized users of such221
facial recognition software on a quarterly basis. Such audits shall, at a minimum, review222
whether the proper documentation is being created and maintained regarding the use of the223
facial recognition software, including the case number, the reason for the facial recognition224
search, the name of the law enforcement officer or officers for whom the search was225
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performed, the unit to which such officer or officers are assigned, and any other226
information required to be obtained and maintained under the policy of the law227
enforcement agency. In addition, at least annually, the law enforcement agency shall228
perform a random sample audit to verify that the proper procedures for conducting facial229
recognition searches and all investigative steps are being followed and that the list of230
authorized users of the facial recognition software is current and that all users who no231
longer need access to the software have been removed. All such audits shall be232
documented and maintained by the agency for a period of at least two calendar years.233
(o) Any person who intentionally misuses facial recognition software shall be guilty of a234
misdemeanor.235
(p) Each law enforcement agency which uses facial recognition software shall establish236
policies under which the ability of users of such software shall be suspended or revoked237
if such users are found to have failed to comply with this Code section or other applicable238
state and federal laws regarding the use of facial recognition software."239
SECTION 2.240
All laws and parts of laws in conflict with this Act are repealed.241
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