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2022 SESSION

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(SB741)

AMENDMENT(S) PROPOSED BY THE HOUSE OF DELEGATES TO THE HOUSE SUBSTITUTE

DEL. LEFTWICH

    1. Line 64, substitute, after evidence.

      insert

        A local law-enforcement agency shall not (i) use facial recognition technology for tracking the movements of an identified individual in a public space in real time; (ii) create a database of images using a live video feed for the purpose of using facial recognition technology; or (iii) enroll a comparison image in a commercial image repository of a facial recognition technology service provider except pursuant to an authorized use. Following such use as provided in clause (iii), no comparison image may be retained or used further by the service provider except as required for auditing that use or as may be otherwise required by law.

DEL. LEFTWICH

    2. Line 111, substitute, after time.

      insert

        A facial recognition technology operator who commits a second or subsequent violation of this subsection is guilty of a Class 1 misdemeanor.

DEL. LEFTWICH

    3. Line 164, substitute, after evidence.

      insert

        A campus police department shall not (i) use facial recognition technology for tracking the movements of an identified individual in a public space in real time; (ii) create a database of images using a live video feed for the purpose of using facial recognition technology; or (iii) enroll a comparison image in a commercial image repository of a facial recognition technology service provider except pursuant to an authorized use. Following such use as provided in clause (iii), no comparison image may be retained or used further by the service provider except as required for auditing that use or as may be otherwise required by law.

DEL. LEFTWICH

    4. Line 212, substitute, after time.

      insert

        A facial recognition technology operator who commits a second or subsequent violation of this subsection is guilty of a Class 1 misdemeanor.

DEL. LEFTWICH

    5. Line 267, substitute, after evidence.

      insert

        The Department shall not (i) use facial recognition technology for tracking the movements of an identified individual in a public space in real time; (ii) create a database of images using a live video feed for the purpose of using facial recognition technology; or (iii) enroll a comparison image in a commercial image repository of a facial recognition technology service provider except pursuant to an authorized use. Following such use as provided in clause (iii), no comparison image may be retained or used further by the service provider except as required for auditing that use or as may be otherwise required by law.

DEL. LEFTWICH

    6. Line 297, substitute, after time.

      insert

        A facial recognition technology operator who commits a second or subsequent violation of this subsection is guilty of a Class 1 misdemeanor.