S 10574 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S10574 Summary: BILL NO S10574 &nbsp SAME AS SAME AS A07172-B

&nbsp SPONSOR SANDERS &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Amd §837, Exec L &nbsp Requires the division of criminal justice services to promulgate a written protocol for the regulation of the use of artificial intelligence and facial recognition technology in criminal investigations.

Go to top S10574 Text:

STATE OF NEW YORK ________________________________________________________________________

10574

IN SENATE

May 26, 2026 ___________

Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the executive law, in relation to the regulation of the use of artificial intelligence and facial recognition technology in criminal investigations

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Legislative intent. Artificial intelligence tools like 2 Cybercheck and facial recognition technologies have been used extensive- 3 ly in criminal investigations across the U.S., including nearly 8,000 4 cases in 40 states. However, their use has raised significant legal 5 challenges due to the lack of transparency in their methodologies and 6 concerns over accuracy and reliability. Defense attorneys have success- 7 fully argued in several cases that AI-generated evidence should be 8 excluded from court proceedings due to these issues. This act aims to 9 address these concerns by prohibiting the use of AI outputs, including 10 facial recognition, as evidence while allowing their use for investi- 11 gative purposes, thereby protecting the rights of defendants and main- 12 taining the integrity of the judicial process. 13 § 2. Section 837 of the executive law is amended by adding a new 14 subdivision 25 to read as follows: 15 25. (a) Promulgate a written protocol to standardize and detail for 16 law enforcement agencies that utilize artificial intelligence in the 17 investigation of criminal activity. The protocol shall address the 18 following topics: 19 (i) AI systems and FRT being used for investigative purposes, includ- 20 ing but not limited to data analysis, pattern recognition, facial recog- 21 nition, and predictive analytics; 22 (ii) AI systems and FRT used to assist in identifying potential 23 suspects, uncovering evidence, and generating investigative leads; 24 (iii) requiring law enforcement agencies that utilize AI systems and 25 FRT to implement transparency measures, including maintaining records of 26 AI-generated outputs and the parameters used by the AI system. Such 27 records shall be subject to audit and review by an independent oversight

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11032-05-6

S. 10574 2

1 body designated by the department to ensure compliance with the proto- 2 col; 3 (iv) requiring law enforcement agencies that utilize AI systems and 4 FRT to undergo regular independent audits of FRT systems to assess their 5 accuracy and biases. The results of these audits shall be publicly 6 accessible and disclosed in any case where FRT evidence is used; and 7 (v) requiring law enforcement officers that utilize AI systems and FRT 8 receive thorough training on the limitations and proper use of AI 9 systems and FRT, emphasizing the importance of understanding and miti- 10 gating biases and errors. 11 (b) For the purposes of this subdivision: 12 (i) "artificial intelligence" or "AI" means a machine-based system 13 that can, for a given set of human-defined objectives, make predictions, 14 recommendations, or decisions influencing real or virtual environments, 15 and that uses machine- and human-based inputs to perceive real and 16 virtual environments, abstract such perceptions into models through 17 analysis in an automated manner, and use model inference to formulate 18 options for information or action; 19 (ii) "AI-generated output" means any information, analysis, or deci- 20 sion produced by an AI system during a criminal investigation, including 21 but not limited to facial recognition, predictive policing models, and 22 other machine learning algorithms; and 23 (iii) "facial recognition technology" or "FRT" means a technology that 24 analyzes facial features and is capable of identifying or verifying a 25 person from a digital image or a video frame from a video source. 26 § 3. This act shall take effect on the ninetieth day after it shall 27 have become a law.

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