NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1442
SPONSOR: Rosenthal TITLE OF BILL:
An act to amend the criminal procedure law, in relation to allowing a
jury instruction stating biometric evidence shall not be dispositive in
the jury's decision
PURPOSE:
Relates to allowing a jury instruction stating biometric evidence shall
not be dispositive in the jury's decision.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends section 300.10 by adding a new subdivision (2-a).
Section two establishes the effective date.
JUSTIFICATION:
Biometrics is the process of comparing data for a person's character-
istics to that person's biometric "template" to determine resemblance.
These templates consist of fingerprints, the shape of the hand, of the
finger, vein pattern, the eye (iris and retina), and the shape of the
face, for morphological analyses. More than 240 law enforcement agencies
nationwide utilize some type of biometric analysis, largely facial
recognition algorithms-amounting to more than 5,000 users running nearly
8,000 searches, according to the ACLU. Far too often though, biometric
technology used by law enforcement agencies are error prone, particular-
ly when distinguishing between non-white and females in facial recogni-
tion software, according to recent M.I.T. and federal agency studies.
Because the use of biometric identification as evidence is not currently
given proper context when presented to a jury, its accuracy can be
confused with that of photographic evidence. Unfortunately, people often
believe that computers and computer systems are more accurate than
humans, and they trust technology's output without question. Faulty
eyewitness identifications are a primary cause of wrongful convictions;
we cannot allow the use of flawed biometric evidence to add to that
list. If a deliberating jury places significant weight on facial recog-
nition, the consequences to an individual can be irreparable. This
legislation will require judges to instruct juries that facial recogni-
tion data admitted into evidence should not be the deciding factor in
assessing guilt or acquittal.
LEGISLATIVE HISTORY:
2023-24: A.529 - Referred to Codes
2021-22: A.767 - Referred to Codes
2019-20: A.10412 - Referred to Codes
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.
STATE OF NEW YORK
________________________________________________________________________
1442
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to allowing a
jury instruction stating biometric evidence shall not be dispositive
in the jury's decision
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 300.10 of the criminal procedure law is amended by
2 adding a new subdivision 2-a to read as follows:
3 2-a. In any criminal trial or proceeding, upon the request of a party,
4 the court shall instruct the jury as follows: "Any presentation of biom-
5 etric evidence shall not be dispositive in the jury's decision."
6 § 2. This act shall take effect on the thirtieth day after it shall
7 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03839-01-5
