Assembly Bill A768

2021-2022 Legislative Session

Relates to the use of facial recognition and biometric information for determining probable cause

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A768 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Add §837-w, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10411
2023-2024: A519

2021-A768 (ACTIVE) - Summary

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.

2021-A768 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    768
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (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:
 
   Section 1. The executive law is amended by adding a new section  837-w
 to read as follows:
   § 837-W. USE  OF  BIOMETRIC IDENTIFYING TECHNOLOGY. 1. AS USED IN THIS
 SECTION:
   (A) "BIOMETRIC IDENTIFYING TECHNOLOGY" SHALL MEAN ANY  COMPUTER  SOFT-
 WARE, ALGORITHM, PRODUCT, OR APPLICATION THAT COLLECTS OR ELECTRONICALLY
 ANALYZES  BIOMETRIC INFORMATION FOR THE PURPOSES OF IDENTIFYING AN INDI-
 VIDUAL, INCLUDING BUT NOT LIMITED TO FACIAL RECOGNITION.
   (B) "BIOMETRIC INFORMATION" SHALL  MEAN  ANY  MEASURABLE  PHYSICAL  OR
 BEHAVIORAL  CHARACTERISTICS  THAT  ARE  ATTRIBUTABLE  TO  AN  INDIVIDUAL
 PERSON, INCLUDING BUT NOT LIMITED TO FACIAL CHARACTERISTICS, FINGERPRINT
 CHARACTERISTICS, HAND CHARACTERISTICS, EYE CHARACTERISTICS, VOCAL  CHAR-
 ACTERISTICS,  AND ANY OTHER PHYSICAL CHARACTERISTICS THAT CAN BE USED TO
 IDENTIFY A PERSON INCLUDING, BUT NOT  LIMITED  TO:  FINGERPRINTS;  HAND-
 PRINTS;  RETINA AND IRIS PATTERNS; DNA SEQUENCE; VOICE; GAIT; AND FACIAL
 GEOMETRY.
   (C) "FACIAL RECOGNITION" SHALL MEAN A BIOMETRIC APPLICATION OR  BIOME-
 TRIC IDENTIFYING TECHNOLOGY CAPABLE OF UNIQUELY IDENTIFYING OR VERIFYING
 A  PERSON  BY  COMPARING  AND  ANALYZING  PATTERNS BASED ON THE PERSON'S
 FACIAL CONTOURS.
   2. BIOMETRIC IDENTIFYING TECHNOLOGY SHALL NOT BE THE  SOLE  FACTOR  IN
 DETERMINING  THE  EXISTENCE  OF  PROBABLE  CAUSE  TO PLACE IN CUSTODY OR
 ARREST AN INDIVIDUAL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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