SENATE BILL No. 342

 

 

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:

 

                             CHAPTER XVI

 

     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).