HB 499 - AS AMENDED BY THE HOUSE
7Apr2021... 0247h
2021 SESSION
21-0023
04/11
HOUSE BILL 499
AN ACT relative to the use of face recognition technology.
SPONSORS: Rep. McGuire, Merr. 29; Rep. M. Smith, Straf. 6; Rep. Berch, Ches. 1; Rep. Hopper, Hills. 2; Rep. T. Lekas, Hills. 37; Rep. Merchant, Sull. 4; Sen. Reagan, Dist 17
COMMITTEE: Executive Departments and Administration
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AMENDED ANALYSIS
This bill permits the state to use face recognition technology if it has a warrant supported by probable cause.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
7Apr2021... 0247h 21-0023
04/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to the use of face recognition technology.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Breaches of the Peace; Face Recognition Technology Prohibited. Amend RSA 644 by inserting after section 22 the following new subdivision:
Face Recognition Technology Prohibited
644:23 Definitions. In this subdivision:
I. "Face recognition technology" means an automated or semi-automated process that assists in identifying or tracking an individual or capturing information about an individual, based on the physical characteristics of an individual's face. It does not include the process by which an individual visually identifies another individual by viewing a representation of the individual on a computer, video recording, photograph or other media.
II. "State" means any department, agency, bureau, or administrative unit of the state of New Hampshire, including any city, town, county, school district, or municipal entity therein.
644:24 Use of Face Recognition Technology; Requirements. The state shall only use face recognition technology if it has a search warrant supported by probable cause and signed by a neutral and detached magistrate.
644:25 Evidence Inadmissible.
I. Any data or information collected or derived from the state’s own use of face recognition technology in violation of this subdivision shall be inadmissible in any trial, hearing, or other proceeding in or before any court or regulatory agency in the state of New Hampshire.
II. Any evidence derived from data or information collected from any use of face recognition technology in violation of this subdivision shall be inadmissible in any trial, hearing, or other proceeding in or before any court or regulatory agency in the state of New Hampshire, unless sufficiently attenuated from the original violation, including but not limited, to an affirmative showing that no state official had requested, facilitated, or otherwise caused the use of face recognition technology by an entity other than the state as defined above.
2 Drivers' Licenses; Use of Facial Recognition Technology Prohibited. RSA 263:40-b is repealed and reenacted to read as follows:
263:40-b Use of Face Recognition Technology Prohibited. The department shall not allow access to any of its digital representations of faces by any face recognition technology nor shall the department use face recognition technology. No state agency, other than the department, shall create or maintain a searchable database of face images.
3 Effective Date. This act shall take effect 60 days after its passage.
| Date | Body | Type |
|---|---|---|
| Feb. 11, 2021 | House | Hearing |
| Feb. 18, 2021 | House | Hearing |
| Feb. 26, 2021 | House | Exec Session |
| House | Floor Vote | |
| April 14, 2021 | Senate | Hearing |
| May 27, 2021 | Senate | Floor Vote |
| Feb. 11, 2021 | House | Hearing |
| Feb. 18, 2021 | House | Hearing |
| April 14, 2021 | Senate | Hearing |
| May 27, 2021 | Senate | Floor Vote |
May 27, 2021: Inexpedient to Legislate, MA, VV === BILL KILLED ===; 05/27/2021; SJ 17
May 27, 2021: Inexpedient to Legislate, MA, VV === BILL KILLED ===; 05/27/2021; SJ 17
May 27, 2021: Committee Report: Inexpedient to Legislate; Vote 5-0; CC; 05/27/2021; SC 25
May 20, 2021: Committee Report: Inexpedient to Legislate; Vote 5-0; CC; 05/27/2021; SC 25
April 14, 2021: Remote Hearing: 04/14/2021, 09:30 am; Links to join the hearing can be found in the Senate Calendar; SC 19
April 7, 2021: Remote Hearing: 04/14/2021, 09:30 am; Links to join the hearing can be found in the Senate Calendar; SC 19
April 7, 2021: Introduced 04/01/2021 and Referred to Executive Departments and Administration; SJ 11
April 1, 2021: Introduced 04/01/2021 and Referred to Executive Departments and Administration; SJ 11
April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50
April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50
April 7, 2021: Ought to Pass with Amendment 2021-0247h: MA VV 04/07/2021 HJ 5 P. 26
April 7, 2021: Ought to Pass with Amendment 2021-0247h: MA VV 04/07/2021 HJ 5 P. 26
April 7, 2021: Amendment # 2021-0247h: AA VV 04/07/2021 HJ 5 P. 26
April 7, 2021: Amendment # 2021-0247h: AA VV 04/07/2021 HJ 5 P. 26
March 5, 2021: Committee Report: Ought to Pass with Amendment # 2021-0247h (Vote 17-1; CC) HC 18 P. 13
: Committee Report: Ought to Pass with Amendment # 2021-0247h (Vote 17-1; CC) HC 18 P. 13
Feb. 26, 2021: Executive Session: 02/26/2021 10:00 am Please click the link below to join the webinar: https://zoom.us/j/92827099402
Feb. 18, 2021: ==CONTINUED== Public Hearing: 02/18/2021 11:00 am Members of the public may attend using the following link: To join the webinar: https://zoom.us/j/97238685330 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Feb. 11, 2021: ==CONTINUED== Public Hearing: 02/18/2021 11:00 am Members of the public may attend using the following link: To join the webinar: https://zoom.us/j/97238685330 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Feb. 3, 2021: ==RECESSED== Public Hearing: 02/11/2021 10:45 am Members of the public may attend using the following link: To join the webinar: https://zoom.us/j/91078617911 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Feb. 11, 2021: ==RECESSED== Public Hearing: 02/11/2021 10:45 am Members of the public may attend using the following link: To join the webinar: https://zoom.us/j/91078617911 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
Jan. 11, 2021: Introduced (in recess of) 01/06/2021 and referred to Executive Departments and Administration HJ 2 P. 51
Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Executive Departments and Administration HJ 2 P. 51