| 1 | 1 | | 24 LC 28 0616 |
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| 2 | 2 | | House Bill 1245 |
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| 3 | 3 | | By: Representatives Cummings of the 39 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Smith of the 18 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Vance of the 133 |
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| 8 | 8 | | rd |
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| 9 | 9 | | , Crowe of |
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| 10 | 10 | | the 118 |
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| 11 | 11 | | th |
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| 12 | 12 | | , and Neal of the 79 |
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| 13 | 13 | | th |
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| 14 | 14 | | |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to |
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| 18 | 18 | | 1 |
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| 19 | 19 | | general provisions regarding law enforcement officers and agencies, so as to provide for2 |
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| 20 | 20 | | definitions; to provide for legislative intent and findings; to provide for the use and3 |
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| 21 | 21 | | limitations of use of facial recognition technology by law enforcement agencies in this state;4 |
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| 22 | 22 | | to provide for procedures for the use of such software; to provide for certain prohibitions; to5 |
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| 23 | 23 | | provide for requests for assistance to other law enforcement agencies; to provide for certain6 |
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| 24 | 24 | | releases and indemnities with regard to such requests for assistance; to provide for certain7 |
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| 25 | 25 | | auditing; to provide for violations and penalties; to provide for related matters; to repeal8 |
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| 26 | 26 | | conflicting laws; and for other purposes.9 |
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| 27 | 27 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
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| 28 | 28 | | SECTION 1.11 |
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| 29 | 29 | | Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general12 |
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| 30 | 30 | | provisions regarding law enforcement officers and agencies, is amended by adding a new13 |
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| 31 | 31 | | Code section to read as follows:14 |
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| 32 | 32 | | "35-1-24. |
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| 33 | 33 | | 15 |
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| 34 | 34 | | (a) As used in this Code section, the term:16 |
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| 35 | 35 | | H. B. 1245 |
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| 36 | 36 | | - 1 - 24 LC 28 0616 |
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| 37 | 37 | | (1) 'Candidate list' means one or more facial images from a facial recognition search17 |
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| 38 | 38 | | using facial recognition software.18 |
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| 39 | 39 | | (2) 'Facial recognition repository' means a location or data base, digital or otherwise, in19 |
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| 40 | 40 | | which facial images are collected and stored for comparison during a facial recognition20 |
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| 41 | 41 | | search.21 |
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| 42 | 42 | | (3) 'Facial recognition search' means an automated process of matching facial images22 |
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| 43 | 43 | | utilizing algorithms and biometric scanning technologies.23 |
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| 44 | 44 | | (4) 'Facial recognition software' means computer programs that use algorithms and24 |
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| 45 | 45 | | biometric scanning technologies to compare and match facial images with a probe image.25 |
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| 46 | 46 | | (5) 'Facial recognition specialist' means a person trained and authorized to use facial26 |
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| 47 | 47 | | recognition software and whose duty it is to conduct facial recognition searches.27 |
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| 48 | 48 | | (6) 'Likely candidate' means a specific image contained within a candidate list depicting28 |
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| 49 | 49 | | the face of a person which, when combined with a human-based facial comparison,29 |
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| 50 | 50 | | depicts sufficient similarities or attributes to warrant further investigation and peer30 |
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| 51 | 51 | | review.31 |
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| 52 | 52 | | (7) 'Peer review' means an additional layer of verification of facial recognition results by32 |
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| 53 | 53 | | which another facial recognition specialist conducts an independent probe image search33 |
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| 54 | 54 | | using a blind review.34 |
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| 55 | 55 | | (8) 'Probe image' means any facial image used by facial recognition software for35 |
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| 56 | 56 | | comparison with the facial images contained in the facial recognition repository or36 |
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| 57 | 57 | | repositories used by the facial recognition software.37 |
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| 58 | 58 | | (b)(1) It is the policy of the State of Georgia that facial recognition software be used by38 |
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| 59 | 59 | | law enforcement agencies only for the purposes of identifying persons involved in39 |
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| 60 | 60 | | criminal cases, other special law enforcement related purposes, and in the support of40 |
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| 61 | 61 | | public welfare.41 |
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| 62 | 62 | | H. B. 1245 |
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| 63 | 63 | | - 2 - 24 LC 28 0616 |
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| 64 | 64 | | (2) The State of Georgia continually seeks to balance the use of technology-based42 |
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| 65 | 65 | | investigative tools against privacy concerns to ensure that the constitutional rights and the43 |
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| 66 | 66 | | safety of all individuals are both protected.44 |
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| 67 | 67 | | (3) Facial recognition software is intended to assist law enforcement officers and45 |
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| 68 | 68 | | agencies with identifying criminal actors while ensuring that improper or incorrect visual46 |
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| 69 | 69 | | identification does not lead to the arrest or prosecution of an innocent individual. It is47 |
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| 70 | 70 | | intended to provide investigators with tools to develop possible suspects in crimes based48 |
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| 71 | 71 | | upon similarities in facial characteristics.49 |
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| 72 | 72 | | (4) Facial recognition searches may be used as an item of evidence in a criminal50 |
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| 73 | 73 | | investigation. However, it is the obligation of the law enforcement officer and agency51 |
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| 74 | 74 | | to ensure that the necessary level of additional supporting evidence exists to establish52 |
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| 75 | 75 | | needed legal standards to pursue criminal charges. Facial recognition searches may also53 |
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| 76 | 76 | | be used by law enforcement officers and agencies to support public welfare and medical54 |
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| 77 | 77 | | related events to assist with the identification of individuals.55 |
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| 78 | 78 | | (c) Law enforcement officers in criminal cases shall seek corroborating evidence on any56 |
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| 79 | 79 | | person identified after receiving the results of a facial recognition search of a probe image57 |
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| 80 | 80 | | on facial recognition software authorized by the agency employing the law enforcement58 |
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| 81 | 81 | | officer. Such corroborating evidence should independently support probable cause for59 |
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| 82 | 82 | | criminal charges. Law enforcement officers who are authorized to use facial recognition60 |
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| 83 | 83 | | data bases shall only do so through a facial recognition specialist authorized to perform61 |
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| 84 | 84 | | such facial recognition searches by the agency by which the law enforcement officer is62 |
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| 85 | 85 | | employed and shall use only lawfully acquired facial images for use as probe images and63 |
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| 86 | 86 | | shall use only agency-authorized facial recognition repositories containing lawfully64 |
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| 87 | 87 | | acquired facial images and publicly available image galleries.65 |
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| 88 | 88 | | (d) Uses for which law enforcement officers and agencies may conduct facial recognition66 |
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| 89 | 89 | | searches are to assist in:67 |
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| 90 | 90 | | H. B. 1245 |
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| 91 | 91 | | - 3 - 24 LC 28 0616 |
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| 92 | 92 | | (1) Identifying an individual when there is a reasonable suspicion that the individual has68 |
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| 93 | 93 | | committed, is committing, or is planning the commission of a crime;69 |
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| 94 | 94 | | (2) Identifying a crime victim, including a victim of online sexual abuse material;70 |
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| 95 | 95 | | (3) Identifying a victim of human trafficking or an individual involved in the trafficking71 |
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| 96 | 96 | | of humans, weapons, drugs, or wildlife;72 |
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| 97 | 97 | | (4) Identifying a person that may be a missing person;73 |
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| 98 | 98 | | (5) Identifying a person who is suffering from an inability to communicate and be74 |
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| 99 | 99 | | understood as the result of an apparent mental or physical disability;75 |
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| 100 | 100 | | (6) Identifying a deceased person;76 |
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| 101 | 101 | | (7) Identifying a person who is incapacitated or otherwise unable to identify himself or77 |
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| 102 | 102 | | herself;78 |
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| 103 | 103 | | (8) Identifying an individual who is lawfully detained; and79 |
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| 104 | 104 | | (9) Mitigating an imminent threat to public safety or a significant threat to life, including80 |
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| 105 | 105 | | acts of terrorism.81 |
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| 106 | 106 | | Any result from a facial recognition search shall be used only as a guide for further82 |
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| 107 | 107 | | investigation.83 |
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| 108 | 108 | | (e) Each law enforcement agency desiring to utilize facial recognition software and do84 |
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| 109 | 109 | | facial recognition searches shall first adopt in writing the use of such facial recognition85 |
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| 110 | 110 | | software and establish standard operating procedures for the agency in the use of such86 |
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| 111 | 111 | | software.87 |
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| 112 | 112 | | (f) The standard operating procedure for use of facial recognition software and searches88 |
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| 113 | 113 | | shall include procedures that cover the following requirements:89 |
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| 114 | 114 | | (1) A law enforcement agency shall prior to authorizing the use of facial recognition90 |
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| 115 | 115 | | software ensure that the facial recognition specialist who will operate the facial91 |
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| 116 | 116 | | recognition software has satisfactorily completed agency approved training in the use of92 |
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| 117 | 117 | | such software; shall assign each such facial recognition specialist a unique username and93 |
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| 118 | 118 | | H. B. 1245 |
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| 119 | 119 | | - 4 - 24 LC 28 0616 |
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| 120 | 120 | | password for the use of such facial recognition software; and shall ensure that only94 |
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| 121 | 121 | | authorized persons use such facial recognition software;95 |
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| 122 | 122 | | (2) When using facial recognition software, the facial recognition specialist shall:96 |
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| 123 | 123 | | (A) Use the facial recognition software only for official and legitimate law97 |
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| 124 | 124 | | enforcement business;98 |
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| 125 | 125 | | (B) Log in using the username and password assigned such specialist;99 |
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| 126 | 126 | | (C) Record the case number in the incident report and, if applicable, in the100 |
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| 127 | 127 | | investigative data base;101 |
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| 128 | 128 | | (D) Record the legitimate law enforcement reason or basis for the search in the incident102 |
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| 129 | 129 | | report and, if applicable, in the investigative data base;103 |
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| 130 | 130 | | (E) Only utilize probe images that have been collected in accordance with state and104 |
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| 131 | 131 | | federal law;105 |
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| 132 | 132 | | (F) Only use facial recognition software that is approved and authorized by the law106 |
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| 133 | 133 | | enforcement agency; and107 |
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| 134 | 134 | | (G) Ensure that each member of the law enforcement agency who submits a request108 |
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| 135 | 135 | | for a facial recognition search correctly documents such request and the results of such109 |
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| 136 | 136 | | search, whether such search results in any investigative leads or not, in the incident110 |
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| 137 | 137 | | report; and111 |
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| 138 | 138 | | (3) All facial recognition searches to attempt to identify an unidentified suspect in a112 |
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| 139 | 139 | | criminal investigation shall be performed in the following sequence and manner:113 |
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| 140 | 140 | | (A) A facial recognition search shall be performed by a facial recognition specialist114 |
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| 141 | 141 | | using a probe image of the unidentified suspect utilizing a facial recognition repository115 |
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| 142 | 142 | | and facial recognition software approved by the law enforcement agency;116 |
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| 143 | 143 | | (B) Following a facial recognition search which yields a candidate list of likely117 |
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| 144 | 144 | | candidates, a human-based facial comparison shall be made of the persons in the118 |
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| 145 | 145 | | candidate list;119 |
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| 146 | 146 | | H. B. 1245 |
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| 147 | 147 | | - 5 - 24 LC 28 0616 |
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| 148 | 148 | | (C) In addition, a peer review of the likely candidates on the candidate list shall be120 |
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| 149 | 149 | | made;121 |
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| 150 | 150 | | (D) Following the human-based facial comparison and peer review of the candidates122 |
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| 151 | 151 | | on the candidate list, investigations shall be made of the likely candidates to reveal123 |
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| 152 | 152 | | corroborating or exculpatory evidence;124 |
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| 153 | 153 | | (E) Prior to pursuing criminal charges or warrants in a matter under investigation in125 |
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| 154 | 154 | | which a facial recognition search was made, a superior officer shall review the case to126 |
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| 155 | 155 | | ensure that procedures were followed and there is sufficient evidence to seek warrants127 |
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| 156 | 156 | | for the suspect; and128 |
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| 157 | 157 | | (F) The evidence shall be submitted to the proper judge for review prior to the issuance129 |
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| 158 | 158 | | of any warrants.130 |
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| 159 | 159 | | (g) No person on behalf of a law enforcement agency or law enforcement officer in this131 |
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| 160 | 160 | | state shall connect any facial recognition software to any interface that performs live video132 |
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| 161 | 161 | | surveillance, including, but not limited to, surveillance cameras, drone cameras, and133 |
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| 162 | 162 | | body-worn cameras. This subsection shall not however preclude the use of still images or134 |
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| 163 | 163 | | snapshots from being captured from video streams and used as probe images for a facial135 |
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| 164 | 164 | | recognition search.136 |
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| 165 | 165 | | (h) No facial recognition software shall be utilized by or on behalf of any law enforcement137 |
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| 166 | 166 | | agency or law enforcement officer on live stream or recorded video of the general public138 |
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| 167 | 167 | | or for surveillance of the general public.139 |
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| 168 | 168 | | (i) The use of force to capture a person's image for a probe image in a facial recognition140 |
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| 169 | 169 | | search shall be illegal.141 |
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| 170 | 170 | | (j) Only facial recognition software that is approved by the law enforcement agency in142 |
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| 171 | 171 | | writing shall be used for facial recognition searches. It shall be illegal for law enforcement143 |
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| 172 | 172 | | agencies and law enforcement officers to use facial recognition software that is obtained144 |
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| 173 | 173 | | through a complimentary pilot program, demonstration program, personal account, or trial145 |
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| 174 | 174 | | period in any law enforcement investigation.146 |
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| 175 | 175 | | H. B. 1245 |
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| 176 | 176 | | - 6 - 24 LC 28 0616 |
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| 177 | 177 | | (k) Access to the facial recognition software of a law enforcement agency by another law147 |
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| 178 | 178 | | enforcement agency shall require a written request for assistance from a supervisory level148 |
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| 179 | 179 | | official of the requesting law enforcement agency which shall be reviewed and approved149 |
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| 180 | 180 | | by a supervisory level official of the law enforcement agency to which the request is made. 150 |
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| 181 | 181 | | The requesting law enforcement agency shall submit with the request for access to facial151 |
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| 182 | 182 | | recognition services a signed interagency agreement or memorandum of understanding152 |
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| 183 | 183 | | which acknowledges that:153 |
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| 184 | 184 | | (1) The requesting law enforcement agency agrees to comply with all provisions of law154 |
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| 185 | 185 | | regarding the conduct and use of facial recognition software and searches;155 |
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| 186 | 186 | | (2) The requesting law enforcement agency acknowledges that the results from a facial156 |
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| 187 | 187 | | recognition search shall not be considered as a positive identification of any person;157 |
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| 188 | 188 | | (3) The requesting law enforcement agency will use the facial recognition software and158 |
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| 189 | 189 | | searches for legitimate law enforcement purposes only which shall be limited to the159 |
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| 190 | 190 | | identification of suspects in criminal investigations, the identification of persons unable160 |
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| 191 | 191 | | to identify themselves, and other purposes specifically authorized by the law enforcement161 |
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| 192 | 192 | | agency to which the request is made;162 |
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| 193 | 193 | | (4) Facial recognition software shall not be used for surveillance or tracking purposes;163 |
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| 194 | 194 | | (5) The requesting law enforcement agency shall not utilize the results of a facial164 |
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| 195 | 195 | | recognition search alone for the purpose of establishing an articulable suspicion for an165 |
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| 196 | 196 | | investigatory stop of an individual, probable cause for an arrest, or probable cause for a166 |
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| 197 | 197 | | search warrant. The requesting agency shall pursue criminal charges against an167 |
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| 198 | 198 | | individual identified by a facial recognition search only when there is corroborating168 |
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| 199 | 199 | | evidence creating probable cause to believe that such individual committed a crime;169 |
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| 200 | 200 | | (6) The requesting law enforcement agency shall use facial recognition software in170 |
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| 201 | 201 | | accordance with federal and state statutory and constitutional law and in accordance with171 |
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| 202 | 202 | | the requirements and procedures of the agency to which the request is made;172 |
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| 203 | 203 | | H. B. 1245 |
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| 204 | 204 | | - 7 - 24 LC 28 0616 |
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| 205 | 205 | | (7) The results and any other information obtained as a result of a facial recognition173 |
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| 206 | 206 | | search will be kept confidential except as disclosure is otherwise permitted by law and174 |
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| 207 | 207 | | will be held and purged in accordance with the retention policy of the requesting agency;175 |
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| 208 | 208 | | and176 |
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| 209 | 209 | | (8) The probe images which are submitted by the requesting law enforcement agency177 |
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| 210 | 210 | | were lawfully obtained and do not violate the privacy rights, publicity rights, copyrights,178 |
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| 211 | 211 | | contract rights, intellectual property rights, or any other rights of any person and that the179 |
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| 212 | 212 | | use of the probe images in conjunction with a facial recognition search using the facial180 |
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| 213 | 213 | | recognition software of the law enforcement agency to which the request is made will not181 |
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| 214 | 214 | | result in a breach of contract between the requesting law enforcement agency and any182 |
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| 215 | 215 | | third party.183 |
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| 216 | 216 | | (l) A law enforcement agency which requests access to the facial recognition software of184 |
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| 217 | 217 | | another law enforcement agency which request is granted shall be deemed to have released185 |
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| 218 | 218 | | the governing authority of the law enforcement agency to which the request is made, the186 |
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| 219 | 219 | | members of the governing authority, the governmental entity, the law enforcement agency187 |
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| 220 | 220 | | to which the request is made, and all officers, elected officials, employees, agents,188 |
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| 221 | 221 | | volunteers, and representatives of such governmental entity and law enforcement agency,189 |
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| 222 | 222 | | both in their individual and representative capacities, from any responsibility or liability190 |
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| 223 | 223 | | for any actions, causes of actions, claims, demands, costs, liabilities, expenses, or damages191 |
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| 224 | 224 | | which are in any way connected to the information provided by the law enforcement192 |
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| 225 | 225 | | agency to which the request for use of facial recognition software was made or any loss or193 |
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| 226 | 226 | | damage arising from, or allegedly arising from, the information provided by the law194 |
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| 227 | 227 | | enforcement agency to which the request for use of facial recognition software was made. 195 |
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| 228 | 228 | | This release shall not apply to any claims arising from intentional misconduct on the part196 |
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| 229 | 229 | | of the law enforcement agency or any of its personnel to which the request for use of facial197 |
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| 230 | 230 | | recognition software is made.198 |
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| 231 | 231 | | H. B. 1245 |
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| 232 | 232 | | - 8 - 24 LC 28 0616 |
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| 233 | 233 | | (m) By requesting access to the facial recognition software of another law enforcement199 |
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| 234 | 234 | | agency, the requesting law enforcement agency shall be deemed to have agreed to defend200 |
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| 235 | 235 | | and hold harmless the law enforcement agency to which the request was made, the201 |
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| 236 | 236 | | governing authority of the law enforcement agency to which the request is made, the202 |
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| 237 | 237 | | members of the governing authority, the governmental entity, and all officers, elected203 |
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| 238 | 238 | | officials, employees, agents, volunteers, and representatives, both in their individual and204 |
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| 239 | 239 | | representative capacities, from any and all claims and liability for damages, property205 |
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| 240 | 240 | | damages, and personal injuries or damages, including death, judgments, causes of action,206 |
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| 241 | 241 | | liens, costs, and legal expenses, including attorney fees, in any way connected to or207 |
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| 242 | 242 | | stemming from the information provided by the law enforcement agency to which the208 |
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| 243 | 243 | | request was made for a facial recognition search to the requesting agency. In addition, the209 |
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| 244 | 244 | | requesting law enforcement agency shall also indemnify and hold harmless the law210 |
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| 245 | 245 | | enforcement agency to which the request for a facial recognition search was made and the211 |
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| 246 | 246 | | other parties identified in this subsection from and against all claims, actions, suits,212 |
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| 247 | 247 | | proceedings, losses, damages, costs, and expenses, including attorney fees, arising out of213 |
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| 248 | 248 | | or resulting from, directly or indirectly, any failure of the requesting agency to comply with214 |
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| 249 | 249 | | the provisions of this Code section and the interagency agreement or memorandum of215 |
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| 250 | 250 | | understanding regarding the use of facial recognition software or the conduct of facial216 |
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| 251 | 251 | | recognition searches pursuant to such agreement or memorandum.217 |
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| 252 | 252 | | (n) Any law enforcement agency utilizing facial recognition software shall maintain and218 |
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| 253 | 253 | | ensure compliance with the provisions of this Code section and state and federal law with219 |
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| 254 | 254 | | regard to the use of such software. As a part of such program to ensure compliance, the220 |
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| 255 | 255 | | law enforcement agency shall conduct random sample audits of authorized users of such221 |
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| 256 | 256 | | facial recognition software on a quarterly basis. Such audits shall, at a minimum, review222 |
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| 257 | 257 | | whether the proper documentation is being created and maintained regarding the use of the223 |
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| 258 | 258 | | facial recognition software, including the case number, the reason for the facial recognition224 |
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| 259 | 259 | | search, the name of the law enforcement officer or officers for whom the search was225 |
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| 260 | 260 | | H. B. 1245 |
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| 261 | 261 | | - 9 - 24 LC 28 0616 |
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| 262 | 262 | | performed, the unit to which such officer or officers are assigned, and any other226 |
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| 263 | 263 | | information required to be obtained and maintained under the policy of the law227 |
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| 264 | 264 | | enforcement agency. In addition, at least annually, the law enforcement agency shall228 |
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| 265 | 265 | | perform a random sample audit to verify that the proper procedures for conducting facial229 |
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| 266 | 266 | | recognition searches and all investigative steps are being followed and that the list of230 |
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| 267 | 267 | | authorized users of the facial recognition software is current and that all users who no231 |
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| 268 | 268 | | longer need access to the software have been removed. All such audits shall be232 |
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| 269 | 269 | | documented and maintained by the agency for a period of at least two calendar years.233 |
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| 270 | 270 | | (o) Any person who intentionally misuses facial recognition software shall be guilty of a234 |
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| 271 | 271 | | misdemeanor.235 |
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| 272 | 272 | | (p) Each law enforcement agency which uses facial recognition software shall establish236 |
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| 273 | 273 | | policies under which the ability of users of such software shall be suspended or revoked237 |
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| 274 | 274 | | if such users are found to have failed to comply with this Code section or other applicable238 |
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| 275 | 275 | | state and federal laws regarding the use of facial recognition software."239 |
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| 276 | 276 | | SECTION 2.240 |
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| 277 | 277 | | All laws and parts of laws in conflict with this Act are repealed.241 |
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| 278 | 278 | | H. B. 1245 |
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| 279 | 279 | | - 10 - |
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