The proposed bill aims to amend the Code of West Virginia by introducing the "Responsible Use of Facial Recognition Act," which establishes guidelines for the use of surveillance technologies and artificial intelligence facial recognition by law enforcement and political subdivision officials. It emphasizes the importance of adhering to constitutional protections against unreasonable searches and seizures, as outlined in both the U.S. Constitution and the West Virginia Constitution. The bill articulates the need for regulations to prevent misuse of these technologies, particularly in light of potential threats posed by foreign adversarial nations and the necessity for law enforcement to utilize only American-developed technologies.

Key provisions of the bill include the establishment of a working group to create a model policy for the responsible use of facial recognition technology, which must be publicly available and compliant with specific standards. The bill prohibits the use of certain surveillance technologies without a warrant and mandates that law enforcement agencies develop and file use policies with the West Virginia Department of Homeland Security. Additionally, it sets minimum standards for the procurement and use of facial recognition technology, ensuring that it is produced in the U.S. and not used to infringe upon civil liberties. Overall, the bill seeks to balance the benefits of advanced surveillance technologies with the protection of individual rights and public safety.

Statutes affected:
Introduced Version: 15-17-1, 15-17-2, 15-17-3, 15-17-4, 15-17-5, 15-17-6