2023 Montana Code Annotated › Title 44. Law Enforcement › Chapter 15. Facial Recognition for Government Use › Part 1. General Provisions › 44-15-106. Use of facial recognition technology by law enforcement -- when permitted -- restrictions on use -- warrant required

44-15-106. Use of facial recognition technology by law enforcement -- when permitted -- restrictions on use -- warrant required.
(1) The department of justice and local law enforcement agencies are authorized to use facial recognition technology for criminal investigations.
(2) The department of justice or a local law enforcement agency may perform a search using facial recognition technology and may obtain, retain, possess, access, or use the results of a search using facial recognition technology, as provided in subsection (3), for the purpose of:
(a) investigating a serious crime when there is probable cause to believe that an unidentified individual in an image has committed, is a victim of, or is a witness to a serious crime;
(b) assisting in the location or identification of a missing or endangered person; or
(c) assisting in the identification of a person who is deceased or believed to be deceased.
(3) Except as provided in subsection (5), a law enforcement agency shall obtain a warrant prior to performing a search using facial recognition technology under subsection (2).
(4) A law enforcement agency shall obtain a court order authorizing the use of facial recognition technology for the sole purpose of locating or identifying a missing person or identifying a deceased person under subsections (2)(b) and (2)(c). A court may issue an ex parte order under this subsection if a law enforcement agency certifies and the court finds that the information to be obtained is likely relevant to locating or identifying a missing person or identifying a deceased person.
(5) (a) A law enforcement agency may perform a search under subsection (2) using facial recognition technology prior to the issuance of a warrant if there is an emergency posing an imminent threat to a person. If an emergency exists under this subsection (5)(a), the law enforcement agency shall obtain a warrant within 24 hours of the search.
(b) The use of facial recognition technology must terminate immediately if the application for a warrant under subsection (5)(a) is denied.
(6) A law enforcement agency may not use the results of facial recognition technology as the sole basis to establish probable cause in a criminal investigation. The results of the use of facial recognition technology 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.
(7) A law enforcement agency may not use facial recognition technology to identify an individual based on a sketch or other manually produced image.
(8) A law enforcement agency may not substantively manipulate an image for use with facial recognition technology in a manner not consistent with the facial recognition technology provider's intended use and training.
(9) When using facial recognition for identification of an individual, the department or local law enforcement shall employ meaningful human review prior to making an adverse final decision.
History: En. Sec. 6, Ch. 781, L. 2023.