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AI Summary
SB2185 excludes certain privacy violations from deferred pleas and limits government use of facial recognition with specific exceptions.
Business Impact
If you use facial recognition technology, you must ensure compliance with new restrictions or face legal challenges.
What do these statuses mean? ▼
Introduced
— Filed in the legislature; not yet heard in committee
In Committee
— Assigned to and being reviewed by a legislative committee
Passed
— Approved by one or both chambers; awaiting further action
Signed / Enacted
— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed
— Vetoed, failed to pass, or session expired without action
Unknown
— Status data not yet available or awaiting classification
Affected Industries
Topics How we classify →
What This Means
SB2185 amends Hawaii law to exclude first-degree and certain second-degree privacy violations from deferred plea eligibility. It restricts government use of facial recognition, allowing it only under defined conditions.
Key Provisions
- Excludes violations of privacy in the first degree from deferred plea eligibility (Section 1)
- Excludes certain second-degree privacy violations from deferred plea eligibility (Section 1)
- Restricts government use of facial recognition systems (Section 3, Chapter Facial Recognition Prohibition)
- Allows limited use of facial recognition by law enforcement and for public health at airports (Section 3, Chapter Facial Recognition Prohibition)
Latest Legislative Action
This measure has been deferred.
Bill Sponsors
| Name | Role | District |
|---|---|---|
| Ronald Kouchi D | Sponsor | SD-008 |
Roll Call Votes
H ·
House Judiciary: Passed, With Amendments ·
Jun 29, 2020
10 Yea
0 Nay
2 Other
Passed ✓
S ·
Senate Judiciary: Passed, Unamended ·
Feb 6, 2020
4 Yea
0 Nay
1 Other
Passed ✓
Compliance Checklist
Review and adjust facial recognition technology usage policies
Who: Public agencies and entities using facial recognition
Penalty: Legal consequences for non-compliance
Who: Public agencies and entities using facial recognition
Penalty: Legal consequences for non-compliance
Full Legal Analysis
SB2185 amends Section 853-4 of the Hawaii Revised Statutes to exclude violations of privacy in the first degree and certain second-degree violations from eligibility for deferred acceptance of guilty or nolo contendere pleas. This amendment affects the prosecution and plea negotiations of such cases. The bill also introduces a new chapter that restricts the government's use of facial recognition systems, prohibiting their use except in specific circumstances. These exceptions include use by trained law enforcement personnel for comparing surveillance images with existing mugshots and at state airports for public health monitoring during serious disease outbreaks. The bill emphasizes that any further use of facial recognition technology must be vetted and approved by the legislature to ensure privacy rights are upheld.
Official Source
Official Bill Text
View SB2185 on official legislature website →
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