In one paragraph
Massachusetts H1946 would replace G.L. c. 6, s. 220 to bar law enforcement from using facial recognition and other biometric surveillance except for State Police searches under set conditions (judge-authorized felony warrant, emergency, deceased identification). Referred to the Judiciary Committee February 27, 2025; on October 23, 2025 it accompanied new draft H4640, which was reported favorably and referred to House Ways and Means.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None yet: the bill has not been enacted. If enacted, Massachusetts law enforcement could acquire or use biometric surveillance only as listed, affecting vendors that sell to police; no direct duties on businesses.
Key provisions
- Replaces G.L. c. 6, s. 220: absent express legal authorization, law enforcement may not acquire, possess, use or fund biometric surveillance technology (facial recognition or other remote biometric recognition) or obtain its information through third parties, including federal agencies; information obtained in violation is generally inadmissible.
- The registrar of motor vehicles may use facial recognition to verify identity for licenses and permits; the State Police (or the FBI at their request) may run facial recognition searches only for specified purposes, including executing a judge-authorized felony warrant, an emergency involving immediate danger of death or serious injury, and identifying a deceased person.
- Emergency searches require documentation of the factual basis and a sworn statement filed with the superior court within 48 hours.
- Defendants identified through a search must receive notice and access to records, including accuracy rates and audits; State Police report quarterly to the executive office of public safety and security, which publishes annual data by March 31.
- Law enforcement may not use biometric surveillance to infer emotions or affect or to analyze moving images or video; the bill sets no penalties beyond evidence exclusion and no effective date.
Latest legislative action
Oct 23, 2025. Accompanied a new draft, see H4640
Sponsors (showing 5 of 81)
| Name | Role |
|---|---|
| Chris Walsh | Primary |
| Kay Khan | Primary |
| Angelo J. Puppolo, Jr. | Cosponsor |
| Angelo L. D'Emilia | Cosponsor |
| Ann-Margaret Ferrante | Cosponsor |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error