What's happening
This bill prohibits police from using biometric technology, like facial recognition, as the sole basis for probable cause or arrest.
Why it matters
Sets clear definitions for "biometric identifying technology" and "biometric information,". expanding beyond just facial recognition to include fingerprints, DNA, voice, gait, and other physical/behavioral characteristics—potentially impacting a wide range of technologies used by law enforcement.
Requires all police agencies in New York to create and adopt written policies by 2027. that explicitly prohibit stopping, detaining, or searching individuals based solely on results from biometric technology—forcing departments to reconsider how they incorporate these tools into investigations.
Creates a financial enforcement mechanism. by directing the Division of Criminal Justice Services to withhold state funds from any police department or agency that fails to comply with the new rules, giving the law real consequences and incentivizing adherence.
Signals a broader legislative concern about the reliability and fairness of biometric technologies. in policing, which could influence future debates about privacy, civil liberties, and technology use in law enforcement beyond just facial recognition.
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Who cares
Headline styles
Limit Facial Recognition Arrests
Plain English, a few words. Used as the page title.
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History
- Referred to governmental operations
- Referred to governmental operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1447
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to the use of facial recognition and biometric information for determining probable cause
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 837-x of the executive law, as amended by chapter 138 of the laws of 2023, is renumbered section 837-y and a new section 837-z is added to read as follows:
§ 837-z. Use of biometric identifying technology. 1. As used in this section:
(a) "Biometric identifying technology" shall mean any computer software, algorithm, product, or application that collects or electronically analyzes biometric information for the purposes of identifying an individual, including but not limited to facial recognition.
(b) "Biometric information" shall mean any measurable physical or behavioral characteristics that are attributable to an individual person, including but not limited to facial characteristics, fingerprint characteristics, hand characteristics, eye characteristics, vocal characteristics, and any other physical characteristics that can be used to identify a person including, but not limited to: fingerprints; handprints; retina and iris patterns; DNA sequence; voice; gait; and facial geometry.
(c) "Facial recognition" shall mean a biometric application or biometric identifying technology capable of uniquely identifying or verifying a person by comparing and analyzing patterns based on the person's facial contours.
2. Biometric identifying technology shall not be the sole factor in determining the existence of probable cause to place in custody or arrest an individual.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03827-01-5
3. Not later than January first, two thousand twenty-seven, each municipal police department, sheriff's office, and the division of state police shall adopt a written policy that prohibits the stopping, detention or search of any person when such action is solely motivated by biometric identifying technology.
4. If a municipal police department, sheriff's office, or the division of state police fails to comply with the provisions of this section, the division of criminal justice services shall order an appropriate penalty in the form of the withholding of state funds from such municipal police department, sheriff's office or the division of state police.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.