Amendment #149 to H4860

Data Access

Mr. Cahill of Lynn moves to amend the bill, as amended, by striking out, in section 25, paragraph (c), and inserting in place thereof the following paragraph:-

(c)(1) Subsection (b) shall not apply to acquisition, possession or use of facial recognition technology by the registrar of motor vehicles or state police to verify an individual’s identity when issuing licenses, permits or other documents pursuant to chapter 90 and perform searches of its facial recognition system at the request of law enforcement agencies made pursuant to paragraph (2).

(2) Law enforcement agencies may only request that the state police perform a search of the registry of motor vehicles’ facial recognition system: (i) when there is a reasonable suspicion than an individual or organization has committed an identifiable criminal offense or is involved in or is planning criminal conduct or criminal activity; (ii) to mitigate an imminent threat to health or safety; or (iii) to assist in the identification of a deceased person or any individual unable to identify themselves due to incapacitation.

(3) The state police shall maintain a record of each use of facial recognition, such record shall include: the name of the employee who performed the search; the date and time of the search; the response returned to the requesting agency; the name and position of the requesting individual and employing law enforcement agency; the reason for the request, including any exigency, and all other significant actions.

And further moves to amend by striking out, in line 235, the words “registrar of motor vehicles”, and inserting in place thereof the following words:- state police.

Additional co-sponsor(s) added to Amendment #149 to H4860

Data Access