Facial recognition technology; authorized uses. (SB741)

Introduced By

Sen. Scott Surovell (D-Mount Vernon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Facial recognition technology; authorized uses; penalty. Authorizes local law-enforcement agencies, campus police departments, and the Department of State Police (the Department) to use facial recognition technology for certain authorized uses as defined in the bill. The bill requires that the appropriate facial recognition technology be determined by the Division of Purchases and Supply and that such facial recognition technology be evaluated by the National Institute of Standards and Technology and have an accuracy score of at least 98 percent true positives across all demographic groups. The bill directs the Department to develop a model policy regarding the investigative uses of facial recognition technology to be posted publicly no later than January 1, 2023, and requires local law-enforcement agencies or campus police departments that use facial recognition technology to either adopt the Department's model policy or develop an individual policy that meets or exceeds the standards set by the Department's model policy. The bill directs local law-enforcement agencies, campus police departments, and the Department to collect and maintain certain data related to the use of facial recognition technology and to publish an annual report to provide information to the public regarding the agency's use of facial recognition technology. The bill clarifies that any match made through facial recognition technology shall not be used in an affidavit to establish probable cause for the purposes of a search or arrest warrant. Additionally, any facial recognition technology operator employed by a local law-enforcement agency, campus police department, or the Department who violates the agency's or department's policy for the use of facial recognition technology or conducts a search for any reason other than those authorized by the bill is guilty of a Class 3 misdemeanor for a first offense, and is guilty of a Class 1 misdemeanor for a second or subsequent offense. Read the Bill »


Bill Has Passed


01/21/2022Presented and ordered printed 22104919D
01/21/2022Referred to Committee on the Judiciary
01/31/2022Rereferred from Judiciary (15-Y 0-N) (see vote tally)
01/31/2022Rereferred to General Laws and Technology
02/07/2022Impact statement from DPB (SB741)
02/09/2022Impact statement from DPB (SB741)
02/09/2022Senate committee, floor amendments and substitutes offered
02/09/2022Reported from General Laws and Technology with substitute (12-Y 0-N 1-A) (see vote tally)
02/09/2022Committee substitute printed 22106194D-S1
02/10/2022Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/11/2022Passed by for the day
02/14/2022Floor substitute printed 22106576D-S2 (McDougle)
02/14/2022Read second time
02/14/2022Reading of substitute waived
02/14/2022Committee substitute agreed to (26-Y 14-N) (see vote tally)
02/14/2022Title replaced 22106194D-S1
02/14/2022Engrossed by Senate - committee substitute SB741S1
02/15/2022Passed by temporarily
02/15/2022Read third time and passed Senate (26-Y 14-N) (see vote tally)
02/17/2022Impact statement from DPB (SB741S2)
02/23/2022Placed on Calendar
02/23/2022Read first time
02/23/2022Referred to Committee on Public Safety
02/23/2022Assigned PS sub: Subcommittee #2
02/24/2022House subcommittee amendments and substitutes offered
02/24/2022Subcommittee recommends reporting with substitute (6-Y 2-N)
02/25/2022Reported from Public Safety with substitute (14-Y 7-N) (see vote tally)
02/25/2022Committee substitute printed 22106966D-H1
03/01/2022Floor substitute printed 22107102D-H2 (Leftwich)
03/01/2022Read second time
03/02/2022Passed by for the day
03/02/2022Impact statement from DPB (SB741H2)
03/03/2022House committee, floor amendments and substitutes offered
03/03/2022Read third time
03/03/2022Committee on Public Safety substitute rejected 22106966D-H1
03/03/2022Substitute by Delegate Leftwich agreed to 22107102D-H2
03/03/2022Pending question ordered
03/03/2022Amendments by Delegate Bourne rejected
03/03/2022Defeated by House (46-Y 53-N)
03/03/2022VOTE: Defeated (46-Y 53-N) (see vote tally)
03/03/2022Reconsideration of defeated action agreed to by House
03/03/2022Passed by for the day
03/04/2022Passed by for the day
03/08/2022Passed by for the day
03/09/2022House committee, floor amendments and substitutes offered
03/09/2022Read third time
03/09/2022Amendments by Delegate Leftwich agreed to
03/09/2022Pending question ordered
03/09/2022Engrossed by House - committee substitute with amendments SB741H2
03/09/2022Passed House with substitute with amendments (54-Y 42-N)
03/09/2022VOTE: Passage (54-Y 42-N) (see vote tally)
03/10/2022House substitute with amendments agreed to by Senate (27-Y 13-N) (see vote tally)
03/10/2022Title replaced 22107102D-H2
03/21/2022Bill text as passed Senate and House (SB741ER)
03/21/2022Impact statement from DPB (SB741ER)
03/21/2022Signed by President
03/22/2022Signed by Speaker
03/22/2022Enrolled Bill Communicated to Governor on March 22, 2022
03/22/2022G Governor's Action Deadline 11:59 p.m., April 11, 2022
04/11/2022Governor's recommendation received by Senate
04/27/2022Senate concurred in Governor's recommendation (28-Y 12-N) (see vote tally)
04/27/2022House rejected Governor's recommendation (49-Y 49-N)
04/27/2022VOTE: Adoption (49-Y 49-N) (see vote tally)
04/27/2022Reconsideration of Governor's recommendation agreed to
04/27/2022House concurred in Governor's recommendation (50-Y 46-N)
04/27/2022VOTE: Adoption #2 (50-Y 46-N) (see vote tally)
04/27/2022G Governor's recommendation adopted
04/27/2022Reenrolled bill text (SB741ER2)
04/27/2022Signed by President as reenrolled
04/27/2022Signed by Speaker as reenrolled
04/27/2022Enacted, Chapter 737 (effective 7/1/22)
04/27/2022G Acts of Assembly Chapter text (CHAP0737)


ChangeServant, tracking this bill in Photosynthesis, notes:

OPPOSE this bill that allows law enforcement to use facial recognition technology, an unproven tech that misidentifies people of color disproportionately.