AI Frontier Institute

Relating To Law Enforcement.

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Hawaii S.B. 2049 (33rd Legislature, 2026) amends Chapter 139 of the Hawaii Revised Statutes by adding a new section that prohibits law enforcement agencies and law enforcement officers from using biometric surveillance technology on any person, with three narrow exceptions: (1) when an officer has reasonable suspicion that the person has committed a crime; (2) to execute a judge-authorized warrant based on probable cause that an unidentified individual in an image committed a crime; or (3) when there is reasonable belief that an emergency involving immediate danger of death or serious physical injury requires a facial recognition search without delay. The bill defines 'biometric surveillance technology' as computer software performing facial recognition or other remote biometric recognition, and defines 'facial recognition' as an automated or semi-automated process that identifies, verifies, or analyzes individuals based on physical characteristics of their face, head, or body. Using search terms to sort images in a database is explicitly excluded from the definition of facial recognition. Under Section 2, the Act does not affect rights, duties, penalties, or proceedings that existed before its effective date. The Act takes effect upon approval per Section 4.

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