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.




                             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).