Substitute For
SENATE BILL NO. 342
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:
Sec. 21b. (1) Except as provided in
subsection (3) or (4), a law enforcement official shall not obtain, access, or
use any real-time facial recognition technology or any information obtained
from the use of real-time facial recognition technology to enforce the laws of
this state or a political subdivision of this state.
(2)
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.
(3)
This section does not apply to the use of real-time facial recognition
technology to confirm an individual's compliance with, or to demonstrate a
failure to comply with or a violation of, any court-ordered electronic
monitoring program.
(4)
This section does not apply to the use of real-time facial recognition
technology under a belief that an emergency exists involving imminent risk to
an individual or individuals of death, serious physical injury, sexual abuse,
live-streamed sexual exploitation, kidnapping, or human trafficking and the use
of the real-time facial recognition technology may prevent or stop the
emergency.
(5)
As used in this section:
(a)
"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 and environment.
(vi) An individual acting under the
direction of a law enforcement official described in subparagraphs (i) to (v).
(b)
"Real-time facial recognition technology" means a technological
process that involves the constant scanning of live video feeds to
instantaneously, or apparently instantaneously, match moving faces with a
database of still images.