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AI Summary
The bill mandates responsible use of facial recognition technology by law enforcement, ensuring compliance with constitutional protections.
Business Impact
If you operate a law enforcement agency in West Virginia, you must develop and file a facial recognition use policy by January 1, 2026, or face compliance issues.
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
Senate Bill 688 aims to regulate the use of facial recognition technology by law enforcement in West Virginia. It establishes guidelines to ensure constitutional protections are upheld while allowing for the use of such technology in combating crime. The bill creates a working group to develop a model policy for law enforcement agencies, emphasizing the need for American-developed technologies.
Key Provisions
- Prohibits use of facial recognition technology without a warrant based on probable cause.
- Establishes a working group to create a model policy for law enforcement agencies.
- Mandates that only American-developed facial recognition technology be used.
- Requires law enforcement agencies to document instances of facial recognition technology use.
- Prohibits using facial recognition technology to identify individuals in constitutionally protected activities without probable cause.
- Ensures compliance with constitutional protections against unreasonable searches.
Latest Legislative Action
To Government Organization
Bill Sponsors
| Name | Role | District |
|---|---|---|
| Chris Rose R | Sponsor | SD-002 |
| Craig Hart R | Sponsor | SD-006 |
| Darren Thorne R | Sponsor | SD-015 |
| Patricia Rucker R | Sponsor | SD-016 |
| Tom Willis R | Sponsor | SD-015 |
Compliance Checklist
Develop and file a facial recognition use policy
Who: Law enforcement agencies in West Virginia
Deadline: By January 1, 2026
Penalty: Potential operational challenges and compliance issues
Who: Law enforcement agencies in West Virginia
Deadline: By January 1, 2026
Penalty: Potential operational challenges and compliance issues
Ensure all facial recognition technology is American-developed
Who: Law enforcement agencies
Deadline: Ongoing
Penalty: Non-compliance may lead to legal and operational repercussions
Who: Law enforcement agencies
Deadline: Ongoing
Penalty: Non-compliance may lead to legal and operational repercussions
Full Legal Analysis
Senate Bill 688, titled the 'Responsible Use of Facial Recognition Act,' seeks to regulate the use of facial recognition and other surveillance technologies by law enforcement in West Virginia. It prohibits the use of these technologies without a warrant based on probable cause, thereby reinforcing Fourth Amendment protections against unreasonable searches. The bill requires a working group to develop a model facial recognition use policy by January 1, 2026, which must be filed with the West Virginia Department of Homeland Security. Key definitions are provided, including what constitutes 'facial recognition technology' and the roles of law enforcement agencies. The bill emphasizes the importance of using technology developed in the United States to mitigate risks associated with foreign adversarial technologies. It also prohibits using facial recognition technology to identify individuals participating in constitutionally protected activities without probable cause.
Official Source
Official Bill Text
View SB688 on official legislature website →
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