AI Frontier Institute

Prohibits the use of facial recognition and biometric information as the sole factor in determining the existence of probable cause to place in custody or arrest an individual.

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New York Assembly Bill 1447 (2025-2026) amends the Executive Law by adding a new Section 837-z to regulate law enforcement use of biometric identifying technology, including facial recognition. The bill defines 'biometric identifying technology' as any software, algorithm, product, or application that collects or electronically analyzes biometric information to identify an individual. 'Biometric information' is defined broadly to include facial characteristics, fingerprints, retina and iris patterns, DNA, voice, gait, and facial geometry. Under Section 837-z(2), biometric identifying technology may not serve as the sole factor in establishing probable cause to arrest or detain a person. Section 837-z(3) requires all municipal police departments, sheriff's offices, and the Division of State Police to adopt a written policy by January 1, 2027, prohibiting stops, detentions, or searches motivated solely by biometric identifying technology. Section 837-z(4) establishes an enforcement mechanism: the Division of Criminal Justice Services may withhold state funds from any law enforcement agency that fails to comply. The act takes effect immediately upon passage.

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