Amendment #180 to H4860

State Police Use of Facial Recognition Technology

Mr. Rogers of Cambridge moves to amend the bill, as amended, by striking lines 209-240 and inserting in place thereof the following:-

(2) The Massachusetts state police may request that the registrar of motor vehicles perform a facial recognition search: (i) to execute a warrant duly authorized by a justice of the superior court based on probable cause that the search will to lead to evidence of the commission of a violent felony offense under the laws of the commonwealth; or (ii) without a warrant if the state police reasonably believe that an emergency involving immediate danger of death or serious physical injury to any individual or group of people requires the performance of a facial recognition search without delay; provided, that the request shall be made in writing and narrowly tailored to address the emergency and shall document the factual basis for believing that an emergency requires the performance of a facial recognition search without delay.

Not later than 48 hours after obtaining access to records, the state police shall file with the superior court in the relevant jurisdiction a signed, sworn statement made by a supervisory official of a rank designated by the colonel of the state police setting forth the grounds for the emergency search. Absent an order for delayed notice issued by a justice of the superior court or the issuance of a subsequent warrant, all individuals identified by such a search shall be provided notice that they were subject to a facial recognition search within 72 hours. Any order for delayed notice shall, to the fullest extent possible without further endangering the public, detail the ongoing nature of the emergency and the continuing and immediate threat to public safety and shall not be valid for more than 72 hours without a further order for delayed notice.

(3) The registrar of motor vehicles shall document, as a public record, each use of facial recognition, except those authorized by clause (i) of paragraph (2). Such documentation shall include: the name of the registry of motor vehicles employee who performed the search; the date and time of the search; the number of matches returned, if any; the name and position of the requesting state police officer; a copy of the warrant, or if no warrant exists, a copy of the written emergency request; and data detailing the individual characteristics included in the facial recognition request.

(4) Annually not later than March 31, the registrar of motor vehicles shall publish on its website: (i) the total number of facial recognition searches performed at the request of the state police during the previous calendar year; (ii) the total number of facial recognition searches conducted pursuant to a warrant; and (iii) the total number of facial recognition emergency searches conducted.

Additional co-sponsor(s) added to Amendment #180 to H4860

State Police Use of Facial Recognition Technology