May 22, 2019, Introduced by Senator LUCIDO and referred to the Committee on Judiciary and Public Safety.
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) 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) 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) As used in this section:
(a) "Face recognition technology" means an automated or semi-
automated process that assists in identifying or verifying an
individual based upon that individual's face.
(b) "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).