Bill Text: CA AB1034 | 2023-2024 | Regular Session | Amended

California Assembly Bill 1034

Bill Title: Law enforcement: facial recognition and other biometric surveillance.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2023-09-11 - Ordered to inactive file at the request of Senator Glazer. [AB1034 Detail]

Download: California-2023-AB1034-Amended.html

Amended IN Assembly May 01, 2023

Amended IN Assembly March 02, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1034

Introduced by Assembly Member Wilson
(Coauthor: Assembly Member Weber)

February 15, 2023

An act to add and repeal Section 832.19 of the Penal Code, relating to law enforcement.

LEGISLATIVE COUNSEL'S DIGEST

AB 1034, as amended, Wilson. Law enforcement: facial recognition and other biometric surveillance.

Existing law states the intent of the Legislature to establish policies and procedures to address issues related to the downloading and storage of data recorded by a body-worn camera worn by a peace officer, and requires that those policies and procedures be based on best practices. Existing law requires law enforcement agencies, departments, or entities to consider certain best practices regarding the downloading and storage of body-worn camera data when establishing policies and procedures for the implementation and operation of a body-worn camera system, as specified.

This bill would prohibit a law enforcement agency or law enforcement officer from installing, activating, or using any biometric surveillance system in connection with an officer camera or data collected by an officer camera. The bill would authorize a person to bring an action for equitable or declaratory relief against a law enforcement agency or officer who violates that prohibition.

The bill would repeal these provisions on January 1, ~~2034.~~ 2027.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) Police body cameras were intended to guard against police misconduct, not to be exploited for surveillance of Californians. Face surveillance would break this promise, transforming a tool for police accountability into a powerful surveillance system that will harm Californians and undermine civil rights.

(b) These are the exact type of dangerous interactions that would increase if police use of facial recognition were to expand. Body cameras produce low-quality footage that is blurry, skewed, and in near-constant motion. To date, at least four Black men have been wrongly arrested and accused of crimes because of facial recognition errors and misuse.

(c) The widespread use of facial recognition on police body cameras would be the equivalent of requiring every Californian to show their photo ID card to every police officer they pass. This new mass surveillance system would suppress civic engagement and inspire fear. People who are afraid of having their identities and locations recorded and potentially shared with out-of-state agencies will be discouraged from seeking reproductive health care, attending protests, or reporting public safety issues.

(d) While this violates everyone’s rights, the danger is greatest for immigrants, over-policed Black and Brown communities, LGBTQIA people, and those coming to California for health care criminalized in their home states. Today there is strong and growing public consensus that face surveillance is simply too dangerous and corrosive to our rights to be used by law enforcement.

(e) Prominent technology companies like Microsoft, Amazon, and IBM, have forbidden sales of their face surveillance systems to law enforcement. Axon, the most prominent body camera maker, also rejected the use of facial recognition for body cameras, citing the potential inaccuracy and abuse.

(f) From January 1, 2020, to January 1, 2023, Section 832.19 of the Penal Code effectively protected privacy and freedom of speech and movement while preventing misidentification. Section 832.19 of the Penal Code was repealed pursuant to a sunset clause on January 1, 2023.

(g) While in effect, Section 832.19 of the Penal Code protected Californians from dangerous police surveillance. It prevented the face surveillance of thousands of protesters advocating for police reform and racial justice. And it ended dangerous and ineffective mobile facial recognition programs, including a San Diego-area facial recognition program that failed to produce a single arrest or prosecution in a seven-year period.

(h) These civil rights protections remain crucial for Californians. Just like when Section 832.19 of the Penal Code was enacted, the only appropriate standard for facial recognition on body cameras continues to be a prohibition on its use.

SEC. 2.

Section 832.19 is added to the Penal Code, immediately following Section 832.18, to read:

832.19.

(a) For the purposes of this section, the following terms have the following meanings:

(1) “Biometric data” means a physiological, biological, or behavioral characteristic that can be used, singly or in combination with each other or with other information, to establish individual identity.

(2) “Biometric surveillance system” means any computer software or application that performs facial recognition or other biometric surveillance.

(3) “Facial recognition or other biometric surveillance” means either of the following, alone or in combination:

(A) An automated or semiautomated process that captures or analyzes biometric data of an individual to identify or assist in identifying an individual.

(B) An automated or semiautomated process that generates, or assists in generating, surveillance information about an individual based on biometric data.

(4) “Facial recognition or other biometric surveillance” does not include the use of an automated or semiautomated process for the purpose of redacting a recording for release or disclosure outside the law enforcement agency to protect the privacy of a subject depicted in the recording, if the process does not generate or result in the retention of any biometric data or surveillance information.

(5) “Law enforcement agency” means any police department, sheriff’s department, district attorney, county probation department, transit agency police department, school district police department, highway patrol, the police department of any campus of the University of California, the California State University, or a community college, the Department of the California Highway Patrol, and the Department of Justice.

(6) “Law enforcement officer” means an officer, deputy, employee, or agent of a law enforcement agency.

(7) “Officer camera” means a body-worn camera or similar device that records or transmits images or sound and is attached to the body or clothing of, or carried by, a law enforcement officer.

(8) “Surveillance information” means either of the following, alone or in combination:

(A) Any information about a known or unknown individual, including, but not limited to, a person’s name, date of birth, gender, or criminal background.

(B) Any information derived from biometric data, including, but not limited to, assessments about an individual’s sentiment, state of mind, or level of dangerousness.

(9) “Use” means either of the following, alone or in combination:

(A) The direct use of a biometric surveillance system by a law enforcement officer or law enforcement agency.

(B) A request, agreement, or practice by a law enforcement officer or law enforcement agency that another law enforcement agency or other third party use a biometric surveillance system on behalf of the requesting officer or agency.

(b) A law enforcement agency or law enforcement officer shall not install, activate, or use any biometric surveillance system in connection with an officer camera or data collected by an officer camera.

(c) In addition to any other sanctions, penalties, or remedies provided by law, a person may bring an action for equitable or declaratory relief in a court of competent jurisdiction against a law enforcement agency or law enforcement officer that violates this section.

(d) This section does not preclude a law enforcement agency or law enforcement officer from using a mobile fingerprint scanning device during a lawful detention to identify a person who does not have proof of identification if this use is lawful and does not generate or result in the retention of any biometric data or surveillance information.

(e) This section shall remain in effect only until January 1, ~~2034,~~ 2027, and as of that date is repealed.