|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2020||referred to judiciary|
|May 13, 2019||referred to judiciary|
senate Bill S5687
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5687 (ACTIVE) - Details
S5687 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5687 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the real property law, in relation to prohibiting the use of a facial recognition system by a landlord on any residential premises SUMMARY OF PROVISIONS: Section 1 of this bill adds a new Section 235-H to the Real Property Law to define the terms "facial recognition" and "facial recognition system" and provide that it shall be unlawful for any landlord to obtain, retain, access, or use, on any residential premises, any facial recogni- tion system or - information obtained from or by the use of a facial recognition system. The new Section 235-H would give the Attorney General the authority to seek an injunction for violations of this section, and authorize a court to impose a civil penalty of not more than ten thousand dollars for such violations. The new Section 235-H would also authorize a private right of action for
S5687 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5687 2019-2020 Regular Sessions I N S E N A T E May 13, 2019 ___________ Introduced by Sens. HOYLMAN, MONTGOMERY -- read twice and ordered print- ed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the real property law, in relation to prohibiting the use of a facial recognition system by a landlord on any residential premises 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 LANDLORD TO OBTAIN, RETAIN, ACCESS, OR USE, ON ANY RESIDENTIAL 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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