Montana Code 44-15-107. 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.
Terms Used In Montana Code 44-15-107
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the department of justice. See Montana Code 44-15-103
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- facial recognition technology: means the use of facial identification or facial verification. See Montana Code 44-15-103
- Law enforcement agency: means :
(a)an agency or officer of the state of Montana or of a political subdivision that is empowered by the laws of this state to conduct investigations or to make arrests; and
(b)an attorney, including the attorney general, who is authorized by the laws of this state to prosecute or to participate in the prosecution of a person who is arrested or who may be subject to a civil action related to or concerning an arrest. See Montana Code 44-15-103
- Public official: means a person elected or appointed to a public office that is part of a state or local government agency. See Montana Code 44-15-103
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.