An agency using a facial recognition service shall maintain records of its use of the service that are sufficient to facilitate public reporting and auditing of compliance with the agency's use and data management policies developed as part of the agency's accountability report pursuant to section 24-18-302 (2)(d).
Source: L. 2022: Entire part added, (SB 22-113), ch. 463, p. 3290, � 4, effective August 10.
24-18-307. Use of facial recognition service by law enforcement agencies - surveillance and tracking - prohibited uses - warrants. (1) A law enforcement agency shall not use a facial recognition service to engage in ongoing surveillance, conduct real-time or near real-time identification, or start persistent tracking unless:
(a) The law enforcement agency obtains a warrant authorizing such use;
(b) Such use is necessary to develop leads in an investigation;
(c) The law enforcement agency has established probable cause for such use; or
(d) The law enforcement agency obtains a court order authorizing the use of the service for the sole purpose of locating or identifying a missing person or identifying a deceased person. A court may issue an ex parte order under this subsection (1)(d) if a law enforcement officer certifies and the court finds that the information likely to be obtained is relevant to locating or identifying a missing person or identifying a deceased person.
(2) A law enforcement agency shall not apply a facial recognition service to any individual based on the individual's religious, political, or social views or activities; participation in a particular noncriminal organization or lawful event; or actual or perceived race, ethnicity, citizenship, place of origin, immigration status, age, disability, gender, gender expression, gender identity, sexual orientation, or other characteristic protected by law.
(3) A law enforcement agency shall not use a facial recognition service to create a record depicting any individual's exercise of rights guaranteed by the first amendment of the United States constitution and by section 10 of article II of the state constitution.
(4) A law enforcement agency shall not use the results of a facial recognition service as the sole basis to establish probable cause in a criminal investigation. The results of a facial recognition service may be used in conjunction with other information and evidence lawfully obtained by a law enforcement officer to establish probable cause in a criminal investigation.
(5) A law enforcement agency shall not substantively manipulate an image for use in a facial recognition service in a manner not consistent with the facial recognition service provider's intended use and training.
Source: L. 2022: Entire part added, (SB 22-113), ch. 463, p. 3291, � 4, effective August 10.
24-18-308. Use of facial recognition service by agencies - disclosure to criminal defendant required - warrants. (1) An agency shall disclose its use of a facial recognition service on a criminal defendant to that defendant in a timely manner prior to trial.
(2) In January of each year, any judge who has issued or extended a warrant for the use of a facial recognition service as described in section 24-18-307 during the preceding year, or who has denied approval of such a warrant during that year, shall report to the state court administrator:
(a) The fact that a warrant or extension was applied for;
(b) The fact that the warrant or extension was granted as applied for, was modified, or was denied;
(c) The period of surveillance authorized by the warrant and the number and duration of any extensions of the warrant;
(d) The identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; and
(e) The nature of the public spaces where the surveillance was conducted.
(3) In January of each year, any agency that has applied for a warrant or an extension of a warrant for the use of a facial recognition service to engage in any surveillance as described in section 24-18-307 shall provide to the agency's reporting authority a report summarizing nonidentifying demographic data of individuals named in warrant applications as subjects of surveillance with the use of a facial recognition service.
Source: L. 2022: Entire part added, (SB 22-113), ch. 463, p. 3291, � 4, effective August 10.