This bill establishes a new chapter, Chapter 644-B, in the New Hampshire Revised Statutes that prohibits the use of face recognition technology by the state unless a warrant supported by probable cause is obtained or a well-established warrant exception applies. The bill defines "face recognition technology" and clarifies that it does not include visual identification by individuals. It also states that any data or information collected in violation of this prohibition will be inadmissible in court or regulatory proceedings, with specific conditions outlined for evidence derived from such violations. Additionally, a class A misdemeanor penalty is established for violations of this prohibition.
Furthermore, the bill repeals and reenacts RSA 263:40-b to explicitly prohibit the department from allowing access to its digital representations of faces by any face recognition technology or using such technology itself. The act is set to take effect 60 days after its passage. The fiscal impact of the bill is indeterminable, as it may affect judicial and correctional systems due to the new criminal penalties and changes in statute.