AI Frontier Institute

POLICE-FACIAL RECOGNITION ACT

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Illinois SB3564, introduced February 5, 2026 by Sen. Adriane Johnson, creates the Facial Recognition Technology in Law Enforcement Act and makes related amendments to existing Illinois law. The bill's findings (Section 5) note that national studies show African American and Asian faces were up to 100 times more likely to be misidentified than white faces, that false arrests have resulted from facial recognition errors, and that Illinois law enforcement agencies currently lack consistent statewide policies governing the technology. Section 10 defines 'facial recognition technology' as a system that compares a probe image of an unidentified human face against a reference photograph database to generate possible matches. Section 15 requires law enforcement agencies using facial recognition technology to conduct compliance audits by January 1, 2027, and every three years thereafter, with results reported to the Illinois State Police and accessible to the Attorney General, Director of the Illinois State Police, U.S. Attorneys, and State's Attorneys. The Illinois State Police must publish a public report by January 1, 2030, and every five years thereafter, assessing accuracy, reliability, and local policy implementation rates. Section 20 prohibits use of facial recognition technology to analyze individuals engaged in constitutionally protected activity (unless there is reasonable suspicion of criminal activity), for real-time or live-time identification, or solely based on race, color, religion, political or social beliefs, lawful activities, sexual orientation, gender, disability, national origin, or housing status. Section 25 requires agencies to adopt and publicly post data management policies and to disclose the names and descriptions of any nongovernmental facial recognition systems and databases used. Amending the Illinois Police Training Act (50 ILCS 705/6), the bill adds a new power (subsection o) requiring the Law Enforcement Training Standards Board to publish a model statewide policy and curriculum on facial recognition technology and other emerging technologies for officer training. Amending Section 6.3 of the same Act (50 ILCS 705/6.3), the bill adds a new training topic (subsection h(6)(ix)) requiring administrative law judges presiding over decertification hearings to receive training on technological tools used by law enforcement officers in criminal procedures and the biases and possible inaccurate results those tools may generate. Amending the Code of Criminal Procedure of 1963, new Section 107-9.5 (725 ILCS 5/107-9.5) provides that facial recognition technology results cannot serve as the sole basis for probable cause for an arrest warrant but may be submitted as supplemental material alongside independently obtained evidence. Similarly, amended Section 108-3(c) (725 ILCS 5/108-3) prohibits facial recognition results from serving as the sole basis for a search warrant. The Act takes effect immediately upon becoming law (Section 99).

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