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Legislative Year: 2022 Change
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Bill Detail: SB22-113

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Title Artificial Intelligence Facial Recognition
Status Governor Signed (06/08/2022)
Bill Subjects
  • Education & School Finance (Pre & K-12)
  • Local Government
  • State Government
House Sponsors K. Tipper (D)
J. Bacon (D)
Senate Sponsors J. Buckner (D)
C. Hansen (D)
House Committee State, Civic, Military and Veterans Affairs
Senate Committee Business, Labor and Technology
Date Introduced 02/03/2022
Summary


Section 1 of the bill creates a task force for the consideration of
artificial intelligence (task force) and requires the task force to:
  • Study issues relating to the use of artificial intelligence;
and
  • Submit a report on or before October 1, 2023, and on or
before each October 1 thereafter, to the joint technology
committee.
Section 2 repeals the task force, effective September 1, 2032,
subject to a sunset review by the department of regulatory agencies.
Section 3 adds new definitions of terms and renumbers existing
definitions.
Section 4 requires a state or local government agency (agency) that
uses or intends to develop, procure, or use a facial recognition service
(FRS) to file with a reporting authority a notice of intent to develop,
procure, or use the FRS and specify a purpose for which the technology
is to be used. After filing the notice of intent, the agency must produce an
accountability report that includes certain information and policies
regarding the proposed use of the FRS. The bill establishes requirements
for the adoption, implementation, and updating of accountability reports.
Section 4 also requires an agency using an FRS to subject to
meaningful human review any decisions that result from such use and
produce legal effects concerning individuals or similarly significant
effects concerning individuals. An agency must test the FRS in
operational conditions before deploying the FRS in a context in which it
will be used to make such decisions.
An agency using an FRS must conduct periodic training of all
individuals who operate the FRS or who process personal data obtained
from the FRS. An agency must maintain records that are sufficient to
facilitate public reporting and auditing of compliance with the agency's
facial recognition policies.
Section 4 also prohibits a law enforcement agency (LEA) from:
  • Using an FRS to engage in ongoing surveillance, conduct
real-time or near real-time identification, or start persistent
tracking unless the LEA obtains a warrant authorizing such
use, exigent circumstances exist, or the LEA 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;
  • Applying an FRS to any individual based on the
individual's religious, political, or social views or activities
or any other characteristic protected by law;
  • Using an FRS 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 Colorado constitution;
  • Using the results of an FRS as the sole basis to establish
probable cause in a criminal investigation;
  • Using an FRS to identify an individual based on a sketch or
other manually produced image; or
  • Substantively manipulating an image for use in an FRS in
a manner not consistent with the FRS provider's intended
use and training.
An agency must disclose its use of an FRS on a criminal defendant
to that defendant in a timely manner prior to trial. In January of each year:
  • Any judge who has issued or extended a warrant for the use
of an FRS during the preceding year, or who has denied
approval of such a warrant during that year, must report
certain information to the state court administrator; and
  • Any agency that has applied for a warrant or an extension
of a warrant for the use of an FRS to engage in any
surveillance must provide to the agency's reporting
authority a report summarizing nonidentifying demographic
data of individuals named in warrant applications as
subjects of surveillance.
Sections 5 and 6 prohibit the use of facial recognition services by
any public school, charter school, or institute charter school until January
1, 2025.
Section 7 states that an individual may authorize an agent to access
and process the individual's personal data or other information held by a
controller and that is otherwise accessible to the individual, and such an
authorization does not constitute cybercrime.
Sections 8 and 9 make conforming amendments.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (03/09/2022) (most recent)  
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