13680.
(a) Commencing July 1, 2024, a law enforcement agency that operates facial recognition technology (FRT) shall meet both of the following requirements:(1) Only FRT systems with algorithms that have been evaluated under the National Institute of Standards and Technology Face Recognition Vendor Test Program and have demonstrated an accuracy score of at least 98 percent true positives within two or more datasets relevant to investigative applications on a program report shall be used.
(2) The agency shall have a written policy that includes all of the required provisions prescribed in subdivision (b).
(b) The written
policy required by subdivision (a) shall include, without limitation, all of the following:
(1) A requirement that FRT use be limited to specifically authorized personnel who have received POST-certified training in the use of FRT.
(2) A requirement that a manager be assigned to oversee the FRT program.
(3) A policy that describes the parameters of acceptable inputs to be used for queries of available databases and that prohibits the use of sketches or other manually produced images.
(4) An acceptable use policy that includes, without limitation, specific allowances and restrictions on use for all of the following:
(A) To identify a suspect in alleged criminal behavior where reasonable
suspicion exists that a crime has been or is being committed and the person whose image is being analyzed is the person who has committed or is committing that crime.
(B) To identify a victim or witness to a crime.
(C) To identify an unidentified deceased person.
(D) To identify a person who is missing, incapacitated, or unable to identify themselves.
(E) To identify a person who is lawfully detained and has not produced valid identification.
(F) To investigate a credible threat of violence.
(G) To mitigate an imminent threat to public safety.
(5) A prohibited
use policy that prohibits, without limitation, both of the following:
(A) The use of FRT to identify an individual solely because of their race, color, religious beliefs, sexual orientation, gender, disability, national origin or membership in any other class protected by law against discrimination.
(B) The use of FRT to identify an individual solely engaged in the exercise of a constitutionally protected right, including, without limitation, speech, public assembly, or the practice of religion, when the person has not individually violated any law, unless necessary to identify a victim or witness of a serious or violent felony, or to defend against an imminent or immediate threat to death or serious bodily injury.
(6) A requirement that a record of all FRT queries be maintained by the agency.
(c) FRT is an investigative tool to be used as an aid in identifying persons and generating investigative leads. An FRT-generated match shall not, under any circumstances, provide the sole basis for probable cause for an arrest, search, or affidavit for a warrant.
(d) Any law enforcement agency that uses FRT shall post both of the following on their internet website:
(1) A copy of the FRT policy described in subdivision (b).
(2) Commencing on January 1, 2025, and annually thereafter, an annual report summarizing FRT usage for the previous calendar year.
(e) (1) The admissibility or exclusion of an FRT query result as evidence in any court proceeding shall be governed by
Chapter 4 (commencing with Section 305) of Division 2 of the Evidence Code.
(2) This subdivision is declarative of existing law.
(f) As used in this section, the following terms have the following meanings:
(1) “Facial recognition technology” or “FRT” means a system that compares an input image of an unidentified human face against a database of known persons and, based on biometric data, generates possible matches to aid in identifying the person in the input image. For purposes of this section, FRT does not include any access control system used by a law enforcement agency that uses biometric inputs to confirm the identity of employees or other approved persons for the purpose of controlling access to any secured place, device, or system.
(2) “Law
enforcement agency” means any department or agency of the state or any political subdivision thereof that employs any peace officer as described in Section 830.