Revision: Feb. 26, 2021, 3:28 p.m.
Rep. M. Smith, Straf. 6
Rep. McGuire, Merr. 29
February 8, 2021
2021-0247h
04/11
Amendment to HB 499
Amend the title of the bill by replacing it with the following:
AN ACT relative to the use of face recognition technology.
Amend the bill by replacing all after the enacting clause with the following:
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 RSA 263:40-b is repealed and reenacted to read as follows: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.
2021-0247h
AMENDED ANALYSIS
This bill permits the state to use face recognition technology if it has a warrant supported by probable cause.