Use of facial recognition service by law enforcement agencies - surveillance and tracking - prohibited uses - warrants

(1) A law enforcement agency shall not use a facial recognition service to engage in ongoing surveillance, conduct real-time or near real-time identification, or start persistent tracking unless: (a) The law enforcement agency obtains a warrant authorizing such use; (b) Such use is necessary to develop leads in an investigation; (c) The law enforcement agency has established probable cause for such use; or (d) The law enforcement agency obtains a court order authorizing the use of the service for the sole purpose of locating or identifying a missing person or identifying a deceased person. A court may issue an ex parte order under this subsection (1)(d) if a law enforcement officer certifies and the court finds that the information likely to be obtained is relevant to locating or identifying a missing person or identifying a deceased person. (2) A law enforcement agency shall not apply a facial recognition service to any individual based on the individual's religious, political, or social views or activities; participation in a particular noncriminal organization or lawful event; or actual or perceived race, ethnicity, citizenship, place of origin, immigration status, age, disability, gender, gender expression, gender identity, sexual orientation, or other characteristic protected by law. (3) A law enforcement agency shall not use a facial recognition service to create a record depicting any individual's exercise of rights guaranteed by the first amendment of the United States constitution and by section 10 of article II of the state constitution. (4) A law enforcement agency shall not use the results of a facial recognition service as the sole basis to establish probable cause in a criminal investigation. The results of a facial recognition service may be used in conjunction with other information and evidence lawfully obtained by a law enforcement officer to establish probable cause in a criminal investigation. (5) A law enforcement agency shall not substantively manipulate an image for use in a facial recognition service in a manner not consistent with the facial recognition service provider's intended use and training.