HLS 21RS-2826 ORIGINAL
2021 Regular Session
HOUSE RESOLUTION NO. 199
BY REPRESENTATIVE JORDAN
EVIDENCE: Requests a study of the use of facial recognition data by law enforcement
1 A RESOLUTION
2To request the House Committee on Administration of Criminal Justice and the House
3 Committee on Judiciary to conduct a joint study of the use of facial recognition data,
4 collection methods, and usage by law enforcement in legal proceedings.
5 WHEREAS, no safeguards exist in Louisiana with respect to facial recognition
6technology; and
7 WHEREAS, multiple cities across the United States, including New Orleans, have
8banned the use of facial recognition technology; and
9 WHEREAS, numerous studies and cases have shown the error rate and incorrect
10application of facial recognition technology; and
11 WHEREAS, proper safeguards can protect law enforcement from lawsuits and
12unnecessary use of facial recognition technology as well as protect citizens from mistakes
13resulting from heavy reliance of facial recognition technology; and
14 WHEREAS, certain circumstances exist where law enforcement may use or request
15the use of facial recognition for a legitimate law enforcement purpose; and
16 WHEREAS, a balance does exist between law enforcement's ability to conduct a
17thorough criminal investigation and a citizen's constitutional right to privacy and due
18process.
19 THEREFORE, BE IT RESOLVED that the House of Representatives of the
20Legislature of Louisiana requests the House Committee on Administration of Criminal
21Justice and the House Committee on Judiciary to study law enforcement's use of facial
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HR NO. 199
1recognition data, the techniques employed in obtaining facial recognition data, the
2subsequent use of facial recognition data in law enforcement investigations or legal
3proceedings and to report its findings to the House of Representatives no later than February
41, 2022.
5 BE IT FURTHER RESOLVED that the House Committee on Administration of
6Criminal Justice and the House Committee on Judiciary shall receive information from all
7of the following organizations:
8 (1) The Department of Justice.
9 (2) The Louisiana Fraternal Order of Police.
10 (3) The Louisiana Sheriffs' Association.
11 (4) The Louisiana Association of Chiefs of Police.
12 (5) The office of state police.
13 (6) The Louisiana District Attorneys Association.
14 (7) The Louisiana State Troopers Association.
15 (8) The National Association for the Advancement of Colored People Louisiana State
16Conference.
17 (9) The Urban League of Louisiana.
18 (10) The American Civil Liberties Union of Louisiana.
19 (11) Law school professors from the Paul M. Hebert Law Center of Louisiana State
20University, Southern University Law Center, Tulane University Law School, and the Loyola
21University New Orleans College of Law.
22 (12) A professor of criminal justice from the Southern University system.
23 (13) The Louisiana Association of Criminal Defense Lawyers.
24 (14) The Pelican Institute.
25 (15) The Americans for Prosperity of Louisiana.
26 (16) Any other interested stakeholders.
27 BE IT FURTHER RESOLVED that the House Committee on Administration of
28Criminal Justice and the House Committee on Judiciary shall submit a written report of their
29findings and recommendations to the House of Representatives of the Legislature of
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HR NO. 199
1Louisiana not later than February 1, 2022, and that such recommendations shall include the
2following:
3 (1) Information about how individuals are identified through the means of facial
4recognition data, including summary statistics on the race, ethnicity, age, and gender of the
5individuals whose faces were searched using targeted facial recognition in conjunction with
6an arrest photo database or a state identification photo database.
7 (2) Statistics on the number of searches run, arrests, and convictions that resulted
8from the searches, motions to suppress filed with respect to the searches, searches run for
9targeted or continuous facial recognition, and the offenses that the searches were used to
10investigate in exigent circumstances.
11 (3) Information on how facial recognition data and related information has been used,
12including in the arrest of suspects, for intelligence gathering, or for general surveillance, as
13well as information regarding the usage of facial recognition data as evidence in a trial,
14hearing, or any other proceeding in or before a court, grand jury, department, officer, agency,
15regulatory body, legislative committee, or any other authority of the state.
16 (4) Information on the current process used by law enforcement and the Louisiana
17Fusion Center for using facial recognition and processing facial recognition requests
18including training and the technological requirements of the Louisiana Fusion Center and of
19local law enforcement agencies.
20 (5) Information regarding any legislation or actions taken by other government
21entities relating to facial recognition technology including but not limited to a summary of
22legislation enacted in other states.
23 (6) Recommendations on potential legislation regulating the use of facial recognition
24technology, including provisions to safeguard due process, privacy, and civil liberties.
25 BE IT FURTHER RESOLVED that one print copy and one electronic copy of any
26report produced pursuant to this Resolution shall be submitted to the David R. Poynter
27Legislative Research Library as required by R.S. 24:772.
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HR NO. 199
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HR 199 Original 2021 Regular Session Jordan
Requests the House Committee on Administration of Criminal Justice and the House
Committee on Judiciary to study the use and application of facial recognition technology by
law enforcement and to report their findings and recommendations no later than Feb. 1, 2022.
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