Montana Code Annotated 2023

TITLE 44. LAW ENFORCEMENT

CHAPTER 15. FACIAL RECOGNITION FOR GOVERNMENT USE

Part 1. General Provisions

Disclosure To Criminal Defendants

44-15-107. Disclosure to criminal defendants. (1) A law enforcement agency or the department shall disclose the use of facial recognition technology on a criminal defendant to that defendant in a timely manner prior to trial.

(2) Discovery of an application, affidavit, or court order relating to the use of facial recognition and any documents related to the use or request for use of facial recognition technology, if any, are subject to the provisions in Title 46, chapter 15.

(3) Data derived from the use of facial recognition technology in violation of this part:

(a) must be considered unlawfully obtained and, except as otherwise provided by law, must be deleted on discovery; and

(b) is inadmissible in evidence in a proceeding in or before a public official, department, regulatory body, court, or authority.

History: En. Sec. 7, Ch. 781, L. 2023.