Bill Text: NY A00768 | 2021-2022 | General Assembly | Introduced


Bill Title: Prohibits the use of facial recognition and biometric information as the sole factor in determining the existence of probable cause to place in custody or arrest an individual.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-01-06 - referred to governmental operations [A00768 Detail]

Download: New_York-2021-A00768-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           768

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Governmental Operations

        AN ACT to amend the executive law, in relation  to  the  use  of  facial
          recognition and biometric information for determining probable cause

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The executive law is amended by adding a new section  837-w
     2  to read as follows:
     3    § 837-w. Use  of  biometric identifying technology. 1. As used in this
     4  section:
     5    (a) "Biometric identifying technology" shall mean any  computer  soft-
     6  ware, algorithm, product, or application that collects or electronically
     7  analyzes  biometric information for the purposes of identifying an indi-
     8  vidual, including but not limited to facial recognition.
     9    (b) "Biometric information" shall  mean  any  measurable  physical  or
    10  behavioral  characteristics  that  are  attributable  to  an  individual
    11  person, including but not limited to facial characteristics, fingerprint
    12  characteristics, hand characteristics, eye characteristics, vocal  char-
    13  acteristics,  and any other physical characteristics that can be used to
    14  identify a person including, but not  limited  to:  fingerprints;  hand-
    15  prints;  retina and iris patterns; DNA sequence; voice; gait; and facial
    16  geometry.
    17    (c) "Facial recognition" shall mean a biometric application or  biome-
    18  tric identifying technology capable of uniquely identifying or verifying
    19  a  person  by  comparing  and  analyzing  patterns based on the person's
    20  facial contours.
    21    2. Biometric identifying technology shall not be the  sole  factor  in
    22  determining  the  existence  of  probable  cause  to place in custody or
    23  arrest an individual.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00295-01-1

        A. 768                              2

     1    3. Not later than  January  first,  two  thousand  twenty-three,  each
     2  municipal police department, sheriff's office, and the division of state
     3  police  shall  adopt  a  written  policy  that  prohibits  the stopping,
     4  detention or search of any person when such action is  solely  motivated
     5  by biometric identifying technology.
     6    4. If a municipal police department, sheriff's office, or the division
     7  of state police fails to comply with the provisions of this section, the
     8  division of criminal justice services shall order an appropriate penalty
     9  in the form of the withholding of state funds from such municipal police
    10  department, sheriff's office or the division of state police.
    11    § 2. This act shall take effect immediately.
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