Read the full stored bill text
SB2049
THE SENATE
S.B. NO.
2049
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to law enforcement
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION 1.
�
Chapter 139,
Hawaii Revised Statutes, is amended by adding a new section to be appropriately
designated and to read as follows:
����
"
�139-
�
Use of biometric surveillance technology;
prohibition.
�
(a)
�
No law enforcement agency or law enforcement
officer shall use any biometric surveillance technology on any person, except:
����
(1)
�
If
the officer has a reasonable suspicion that the person has committed a crime;
����
(2)
�
To
execute a warrant duly authorized by a judge based on probable cause that an
unidentified or unconfirmed individual in an image has committed a crime; or
����
(3)
�
Upon
reasonable belief that an emergency involving immediate danger of death or
serious physical injury to any individual or group of people requires the
performance of a facial recognition search without delay.
����
(b)
�
For the purposes of this section:
����
"Biometric surveillance
technology" means any computer software that performs facial recognition
or other remote biometric recognition.
����
"Facial recognition" means a
n automated or semi-automated process that assists in
identifying or verifying an individual or analyzing or capturing information
about an individual based on the physical characteristics of an individual's
face, head, or body, or that uses characteristics of an individual's face, head,
or body to derive information about the associations, activities, or location
of an individual.
�
"Facial
recognition" shall not include the use of search terms to sort images in a
database.
"
����
SECTION 2.
�
This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.
����
SECTION 3.
�
New statutory material is underscored.
����
SECTION 4.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Law
Enforcement;
Biometric Surveillance Technology; Facial Recognition;
Prohibition
Description:
Prohibits
law enforcement agencies and law enforcement officers from using biometric
surveillance technology in the State unless certain conditions are met.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.