S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8373
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 15, 2019
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Education
 
 AN  ACT  to  amend the real property law, in relation to prohibiting the
   use of a facial recognition system in public schools
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  real property law is amended by adding a new section
 235-h to read as follows:
   § 235-H. UNLAWFUL USE OF FACIAL RECOGNITION SYSTEM. 1. AS USED IN THIS
 SECTION:
   (A) "FACIAL RECOGNITION" MEANS BOTH:
   (1) THE AUTOMATED OR SEMI-AUTOMATED PROCESS BY WHICH A PERSON IS IDEN-
 TIFIED OR ATTEMPTED TO BE IDENTIFIED BASED  ON  THE  CHARACTERISTICS  OF
 THEIR  FACE, INCLUDING IDENTIFICATION OF KNOWN OR UNKNOWN INDIVIDUALS OR
 GROUPS; AND
   (2) THE AUTOMATED OR SEMI-AUTOMATED PROCESS BY  WHICH  THE  CHARACTER-
 ISTICS  OF  AN  INDIVIDUAL'S FACE ARE ANALYZED TO DETERMINE THE INDIVID-
 UAL'S SENTIMENT, STATE OF MIND, OR OTHER PROPENSITIES INCLUDING BUT  NOT
 LIMITED TO LEVEL OF DANGEROUSNESS.
   (B)  "FACIAL RECOGNITION SYSTEM" MEANS ANY COMPUTER SOFTWARE OR APPLI-
 CATION THAT PERFORMS FACIAL RECOGNITION.
   2. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, IT  IS
 UNLAWFUL FOR ANY PERSON TO OBTAIN, RETAIN, ACCESS, OR USE, ON ANY PUBLIC
 SCHOOL PREMISES:
   (A) ANY FACIAL RECOGNITION SYSTEM; OR
   (B)  ANY  INFORMATION  OBTAINED FROM OR BY USE OF A FACIAL RECOGNITION
 SYSTEM.
   3. (A) WHEREVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN  APPLI-
 CATION  MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF
 THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE
 AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT  LESS  THAN  FIVE

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

                                                            LBD13156-01-9

 A. 8373                             2
 
 DAYS,  TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF
 IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR  JUSTICE,  THAT  THE
 DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS  SECTION AN INJUNCTION MAY BE
 ISSUED  BY  SUCH  COURT OR JUSTICE ENJOINING AND RESTRAINING ANY FURTHER
 VIOLATION, WITHOUT REQUIRING PROOF THAT ANY PERSON HAS,  IN  FACT,  BEEN
 INJURED  OR  DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT MAY MAKE
 ALLOWANCES TO THE ATTORNEY GENERAL  AS  PROVIDED  IN  PARAGRAPH  SIX  OF
 SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
 TICE  LAW  AND  RULES, AND DIRECT RESTITUTION.  WHENEVER THE COURT SHALL
 DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, THE  COURT  MAY
 IMPOSE  A  CIVIL  PENALTY  OF  NOT  MORE  THAN  TEN THOUSAND DOLLARS. IN
 CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY  GENERAL  IS
 AUTHORIZED  TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
 AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE  CIVIL  PRACTICE  LAW  AND
 RULES.
   (B) IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
 PURSUANT  TO  THIS  SECTION, ANY PERSON WHO HAS BEEN SUBJECTED TO FACIAL
 RECOGNITION IN VIOLATION OF THIS SECTION, OR ABOUT WHOM INFORMATION  HAS
 BEEN OBTAINED, RETAINED, ACCESSED, OR USED IN VIOLATION OF THIS CHAPTER,
 MAY BRING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION:
   (1) TO ENJOIN SUCH VIOLATION; AND
   (2)  TO  RECOVER ACTUAL DAMAGES, OR TO RECEIVE ONE THOUSAND DOLLARS IN
 DAMAGES FOR SUCH VIOLATION, WHICHEVER IS GREATER.
   (C) A COURT SHALL AWARD COSTS AND  REASONABLE  ATTORNEYS'  FEES  TO  A
 PLAINTIFF  WHO  IS THE PREVAILING PARTY IN AN ACTION BROUGHT UNDER PARA-
 GRAPH (B) OF THIS SUBDIVISION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.