Senate Bill S1609

2023-2024 Legislative Session

Prohibits the use of biometric surveillance technology by law enforcement; establishes the biometric surveillance regulation task force; and provides for the expiration and repeal of certain provisions

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S1609 (ACTIVE) - Details

See Assembly Version of this Bill:
A1891
Current Committee:
Senate Codes
Law Section:
Executive Law
Laws Affected:
Add §§837-x & 236, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7572, A9767
2021-2022: S79, A5492

2023-S1609 (ACTIVE) - Summary

Prohibits the use of biometric surveillance technology by law enforcement; establishes the biometric surveillance regulation task force; provides for the expiration and repeal of certain provisions.

2023-S1609 (ACTIVE) - Sponsor Memo

2023-S1609 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1609
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2023
                                ___________
 
 Introduced  by  Sens. HOYLMAN-SIGAL, BAILEY, BRISPORT, JACKSON, KRUEGER,
   SEPULVEDA -- read twice and ordered printed, and when  printed  to  be
   committed to the Committee on Internet and Technology
 
 AN ACT to amend the executive law, in relation to prohibiting the use of
   biometric surveillance technology by law enforcement; to establish the
   biometric  surveillance  regulation  task force; and providing for the
   repeal of certain provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative intent. The legislature finds and declares the
 following:
   (a) The use of biometric  surveillance  technology  has  been  largely
 unregulated  by  all  levels of government in the United States to date,
 allowing its unfettered use by private  entities,  government,  and  law
 enforcement  with  little to no requirements or restrictions relating to
 use, data retention, privacy protections, and use of information derived
 from such systems in law enforcement investigations. In New  York,  this
 lack  of regulation and oversight has led to concerning practices by law
 enforcement, such as including sealed  mugshots  and  arrest  photos  of
 juveniles in facial recognition databases and running photos of celebri-
 ty lookalikes through facial recognition software to attempt to identify
 potential suspects.
   (b)  Studies  of currently available biometric surveillance technology
 demonstrate that such technology's consistency  and  accuracy  can  vary
 widely  based on age, gender, sex, race, and other factors, and has been
 found to be particularly inaccurate when used on  women,  young  people,
 and people of color.
   (c)  These accuracy concerns are particularly troubling in the context
 of this technology's ongoing and increasing use by law enforcement.  New
 York's  law  enforcement  should  not rely on technology that has demon-
 strated accuracy issues, as such practice risks the wrongful  targeting,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02890-01-3
              

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