Massachusetts S 1053: An Act establishing a commission to study reparations in Massachusetts

Bill Text

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SENATE DOCKET, NO. 503 FILED ON: 1/13/2025
SENATE . . . . . . . . . . . . . . No. 1053

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Cynthia Stone Creem
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to implement the recommendations of the special commission on facial recognition
technology.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS:
Cynthia Stone Creem Norfolk and Middlesex
Joanne M. Comerford Hampshire, Franklin and Worcester 1/28/2025
Rebecca L. Rausch Norfolk, Worcester and Middlesex 1/29/2025
Michael J. Barrett Third Middlesex 2/3/2025
James B. Eldridge Middlesex and Worcester 2/7/2025
Patrick M. O'Connor First Plymouth and Norfolk 3/26/2025
Julian Cyr Cape and Islands 3/27/2025
Patricia D. Jehlen Second Middlesex 4/17/2025

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SENATE DOCKET, NO. 503 FILED ON: 1/13/2025
SENATE . . . . . . . . . . . . . . No. 1053
By Ms. Creem, a petition (accompanied by bill, Senate, No. 1053) of Cynthia Stone Creem,
Joanne M. Comerford, Rebecca L. Rausch, Michael J. Barrett and others for legislation to
implement the recommendations of the special commission on facial recognition technology.
The Judiciary.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 927 OF 2023-2024.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________

An Act to implement the recommendations of the special commission on facial recognition
technology.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Chapter 6 of the General Laws, as appearing in the 2022 Official Edition, is
2 hereby amended by striking section 220 and inserting in place thereof the following section:-
3 Section 220. (a) As used in this section, the following words shall, unless the context
4 clearly requires otherwise, have the following meanings:
5 “Biometric surveillance technology”, any computer software that performs facial
6 recognition or other remote biometric recognition.
7 “Facial recognition”, an automated or semi-automated process that assists in identifying
8 or verifying an individual or analyzing or capturing information about an individual based on the

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9 physical characteristics of an individual’s face, head or body, or that uses characteristics of an
10 individual’s face, head or body to derive information about the associations, activities or location
11 of an individual; provided, however, that “facial recognition” shall not include the use of search
12 terms to sort images in a database.
13 “Facial recognition search”, the use of facial recognition to analyze an image.
14 “Law enforcement agency”, as defined in section 1 of chapter 6E.
15 “Law enforcement officer” or “officer”, as defined in section 1 of chapter 6E.
16 “Other remote biometric recognition”, an automated or semi-automated process that
17 assists in identifying or verifying an individual or analyzing or capturing information about an
18 individual based on an individual’s gait, voice or other biometric characteristic or that uses such
19 characteristics to derive information about the associations, activities or location of an
20 individual; provided, however, that “other remote biometric recognition” shall not include the
21 identification or verification of an individual using deoxyribonucleic acid, fingerprints, palm
22 prints or other information derived from physical contact.
23 “Public agency”, any: (i) agency, executive office, department, board, commission,
24 bureau, division or authority of the commonwealth; (ii) political subdivision thereof; or (iii)
25 authority established by the general court to serve a public purpose.
26 “Public official”, any officer, employee, agent, contractor or subcontractor of any public
27 agency.
28 (b) Absent express authorization in a general or special law to the contrary, it shall be
29 unlawful for a law enforcement agency or officer to acquire, possess, access, use, assist with the

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30 use of or provide resources for the development or use of any biometric surveillance technology,
31 or to enter into a contract with or make a request to a third party, including any federal agency,
32 for the purpose of acquiring, possessing, accessing or using information derived from a biometric
33 surveillance technology.
34 Except in a judicial proceeding alleging a violation of this section, no information
35 obtained in violation of this section shall be admissible in any criminal, civil, administrative or
36 other proceeding.
37 (c) The registrar of motor vehicles may acquire, possess, or use facial recognition
38 technology to verify an individual’s identity when issuing licenses, permits or other documents
39 pursuant