HOUSE BILL NO. 4810

July 10, 2019, Introduced by Reps. Robinson, Gay-Dagnogo and Jones and referred to the Committee on Judiciary.

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

(MCL 760.1 to 777.69) by adding section 21b to chapter XVI.

the people of the state of michigan enact:

CHAPTER XVI

Sec. 21b. (1) Until 5 years have expired after the effective date of the amendatory act that added this section to this chapter, a law enforcement official shall not obtain, access, or use any face recognition technology or any information obtained from the use of face recognition technology to enforce the laws of this state or a political subdivision of this state.

(2) The prohibition under subsection (1) includes, but is not limited to, the use of face recognition technology in connection with surveillance cameras, unmanned aircraft, body-worn cameras, streetlights, and traffic lights.

(3) Evidence obtained and arrest and search warrants issued because of a violation of this section are subject to the rules governing exclusion as if the evidence, arrest warrant, or search warrant was obtained in violation of Amendment IV of the Constitution of the United States and section 11 of article I of the state constitution of 1963.

(4) As used in this section:

(a) "Body-worn camera" means that term as defined in section 2 of the law enforcement body-worn camera privacy act, 2017 PA 85, MCL 780.312.

(b) "Face recognition technology" means an automated or semi-automated process that assists in identifying or verifying an individual based upon that individual's face.

(c) "Law enforcement official" means any of the following:

(i) A police officer of this state or a political subdivision of this state as defined in section 2 of the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.602.

(ii) A county sheriff or his or her deputy.

(iii) A prosecuting attorney.

(iv) A public safety officer of a college or university.

(v) A conservation officer of the department of natural resources.

(vi) An individual acting under the direction of a law enforcement official described in subparagraphs (i) to (v).

(d) "Unmanned aircraft" means that term as defined in section 3 of the unmanned aircraft systems act, 2016 PA 436, MCL 259.303.