Senate Bill S10574

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10574
 
                             I N  S E N A T E
 
                               May 26, 2026
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law, in relation to the regulation of  the
   use  of  artificial  intelligence and facial recognition technology in
   criminal investigations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.   Artificial intelligence tools like
 Cybercheck and facial recognition technologies have been used extensive-
 ly in criminal investigations across the U.S.,  including  nearly  8,000
 cases  in  40  states.  However,  their use has raised significant legal
 challenges due to the lack of transparency in  their  methodologies  and
 concerns  over accuracy and reliability. Defense attorneys have success-
 fully argued in several  cases  that  AI-generated  evidence  should  be
 excluded  from  court  proceedings due to these issues. This act aims to
 address these concerns by prohibiting the use of AI  outputs,  including
 facial  recognition,  as  evidence while allowing their use for investi-
 gative purposes, thereby protecting the rights of defendants  and  main-
 taining the integrity of the judicial process.
   §  2.  Section  837  of  the  executive law is amended by adding a new
 subdivision 25 to read as follows:
   25. (A) PROMULGATE A WRITTEN PROTOCOL TO STANDARDIZE  AND  DETAIL  FOR
 LAW  ENFORCEMENT  AGENCIES  THAT  UTILIZE ARTIFICIAL INTELLIGENCE IN THE
 INVESTIGATION OF CRIMINAL  ACTIVITY.  THE  PROTOCOL  SHALL  ADDRESS  THE
 FOLLOWING TOPICS:
   (I)  AI SYSTEMS AND FRT BEING USED FOR INVESTIGATIVE PURPOSES, INCLUD-
 ING BUT NOT LIMITED TO DATA ANALYSIS, PATTERN RECOGNITION, FACIAL RECOG-
 NITION, AND PREDICTIVE ANALYTICS;
   (II) AI SYSTEMS AND  FRT  USED  TO  ASSIST  IN  IDENTIFYING  POTENTIAL
 SUSPECTS, UNCOVERING EVIDENCE, AND GENERATING INVESTIGATIVE LEADS;
   (III)  REQUIRING  LAW ENFORCEMENT AGENCIES THAT UTILIZE AI SYSTEMS AND
 FRT TO IMPLEMENT TRANSPARENCY MEASURES, INCLUDING MAINTAINING RECORDS OF
 AI-GENERATED OUTPUTS AND THE PARAMETERS USED  BY  THE  AI  SYSTEM.  SUCH
 RECORDS SHALL BE SUBJECT TO AUDIT AND REVIEW BY AN INDEPENDENT OVERSIGHT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11032-05-6
 S. 10574                            2
 
 BODY  DESIGNATED  BY THE DEPARTMENT TO ENSURE COMPLIANCE WITH THE PROTO-
 COL;
   (IV)  REQUIRING  LAW  ENFORCEMENT AGENCIES THAT UTILIZE AI SYSTEMS AND
 FRT TO UNDERGO REGULAR INDEPENDENT AUDITS OF FRT SYSTEMS TO ASSESS THEIR
 ACCURACY AND BIASES. THE RESULTS  OF  THESE  AUDITS  SHALL  BE  PUBLICLY
 ACCESSIBLE AND DISCLOSED IN ANY CASE WHERE FRT EVIDENCE IS USED; AND
   (V) REQUIRING LAW ENFORCEMENT OFFICERS THAT UTILIZE AI SYSTEMS AND FRT
 RECEIVE  THOROUGH  TRAINING  ON  THE  LIMITATIONS  AND  PROPER USE OF AI
 SYSTEMS AND FRT, EMPHASIZING THE IMPORTANCE OF UNDERSTANDING  AND  MITI-
 GATING BIASES AND ERRORS.
   (B) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "ARTIFICIAL  INTELLIGENCE"  OR  "AI" MEANS A MACHINE-BASED SYSTEM
 THAT CAN, FOR A GIVEN SET OF HUMAN-DEFINED OBJECTIVES, MAKE PREDICTIONS,
 RECOMMENDATIONS, OR DECISIONS INFLUENCING REAL OR VIRTUAL  ENVIRONMENTS,
 AND  THAT  USES  MACHINE-  AND  HUMAN-BASED  INPUTS TO PERCEIVE REAL AND
 VIRTUAL ENVIRONMENTS, ABSTRACT  SUCH  PERCEPTIONS  INTO  MODELS  THROUGH
 ANALYSIS  IN  AN  AUTOMATED MANNER, AND USE MODEL INFERENCE TO FORMULATE
 OPTIONS FOR INFORMATION OR ACTION;
   (II) "AI-GENERATED OUTPUT" MEANS ANY INFORMATION, ANALYSIS,  OR  DECI-
 SION PRODUCED BY AN AI SYSTEM DURING A CRIMINAL INVESTIGATION, INCLUDING
 BUT  NOT  LIMITED TO FACIAL RECOGNITION, PREDICTIVE POLICING MODELS, AND
 OTHER MACHINE LEARNING ALGORITHMS; AND
   (III) "FACIAL RECOGNITION TECHNOLOGY" OR "FRT" MEANS A TECHNOLOGY THAT
 ANALYZES FACIAL FEATURES AND IS CAPABLE OF IDENTIFYING  OR  VERIFYING  A
 PERSON FROM A DIGITAL IMAGE OR A VIDEO FRAME FROM A VIDEO SOURCE.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.