HB1283 (2026) Compare Changes

The Bill Text indicates a repeal. This means the text being replaced is not available in the bill, and the unchanged text displayed is incomplete. The original text can be viewed by following the link to the RSA. Also, an accompanying re-enactment is not handled currently, and displayed in both unchanged and changed versions.
The Bill Text indicates a new section is being inserted. This situation is not handled right now, and the new text is displayed in both the changed and unchanged versions.

Unchanged Version

Text to be removed highlighted in red.

1 New Chapter; Face Recognition Technology Prohibited. Amend RSA by inserting after chapter 644-A the following new chapter:

CHAPTER 644-B

FACE RECOGNITION TECHNOLOGY PROHIBITED

644-B:1 Definitions. In this chapter:

I. "Face recognition technology" means an automated or semi-automated process that assists in identifying 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-B:2 Face Recognition Technology Prohibited. The state shall only use a face recognition technology if it has a warrant supported by probable cause and signed by a neutral and detached magistrate or a well-established warrant exception applies. This prohibition applies to the use of both governmental and private digital representation databases for face recognition purposes.

644-B:3 Evidence Inadmissible.

I. Any data or information collected or derived from any of the State's own use of face recognition technology in violation of this chapter 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 chapter 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 it is 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 in this chapter.

644-B:4 Penalty. Any person who violates the prohibition in RSA 644-B:2 shall be guilty of a class A misdemeanor.

2 Use of Face Recognition Technology Prohibited. RSA 263:40-b is repealed and reenacted to read as follows:

263:40-b Use of Face Recognition Technology Prohibited. Notwithstanding RSA 644-B:2, the department shall not allow access to any of its digital representations of faces by any face recognition technology nor itself use face recognition technology.

3 Effective Date. This act shall take effect 60 days after its passage.

Changed Version

Text to be added highlighted in green.

1 New Chapter; Face Recognition Technology Prohibited. Amend RSA by inserting after chapter 644-A the following new chapter:

CHAPTER 644-B

FACE RECOGNITION TECHNOLOGY PROHIBITED

644-B:1 Definitions. In this chapter:

I. "Face recognition technology" means an automated or semi-automated process that assists in identifying 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-B:2 Face Recognition Technology Prohibited. The state shall only use a face recognition technology if it has a warrant supported by probable cause and signed by a neutral and detached magistrate or a well-established warrant exception applies. This prohibition applies to the use of both governmental and private digital representation databases for face recognition purposes.

644-B:3 Evidence Inadmissible.

I. Any data or information collected or derived from any of the State's own use of face recognition technology in violation of this chapter 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 chapter 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 it is 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 in this chapter.

644-B:4 Penalty. Any person who violates the prohibition in RSA 644-B:2 shall be guilty of a class A misdemeanor.

2 Use of Face Recognition Technology Prohibited. RSA 263:40-b is repealed and reenacted to read as follows:

263:40-b Use of Face Recognition Technology Prohibited. Notwithstanding RSA 644-B:2, the department shall not allow access to any of its digital representations of faces by any face recognition technology nor itself use face recognition technology.

3 Effective Date. This act shall take effect 60 days after its passage.