Relating to the use of automatic registration plate readers, and providing penalties

Under current law, the operator of an automatic registration plate reader (plate reader) is required to permanently delete every image of a vehicle registration plate captured by the plate reader, and any other accompanying data, within 30 days after the image was captured. Prior to deletion from the plate reader, a law enforcement agency is authorized to copy and store an image of a vehicle registration plate captured by a plate reader, and any other accompanying data, if the image and data are relevant to an ongoing criminal case or investigation. Copies maintained by a law enforcement agency are not required to be deleted, but the law enforcement agency must maintain the copies in accordance with the agency’s evidence retention policies. A person who violates the deletion requirement commits a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855. This bill prohibits a person from using a plate reader unless the governing body of the local authority has adopted an ordinance authorizing the use of a plate reader in the county or municipality, as applicable. A person who violates this provision commits a simple misdemeanor. The bill prohibits a person from accessing an image of a vehicle registration plate captured by a plate reader, or any other accompanying data, more than 24 hours after the image or data was captured unless a magistrate has issued a search warrant for the specific registration plate number or vehicle or a county attorney has issued a subpoena for the specific registration plate number or vehicle. The bill provides exceptions to the search warrant or subpoena requirement when the owner of a vehicle gives voluntary consent, when the vehicle is lost or stolen, when exigent circumstances exist, when searching for evidence related to an amber alert, or when searching for evidence related to human trafficking. A person who violates this provision commits a simple misdemeanor. The bill requires a person who accesses an image of a vehicle registration plate, or any other accompanying data, captured by a plate reader to record the person’s access in a records log maintained by the local authority that authorized the use of the plate reader, and prohibits a person from providing a copy of an image of a vehicle registration plate captured by a plate reader, or any other accompanying data, to a nongovernmental third party in Iowa or to a third party outside of Iowa. A person is prohibited from using a plate reader that is able to recognize or identify a person based on a photograph or recording of the person’s face captured by the plate reader and from using software designed to recognize or identify a person based on a photograph or recording of the person’s face captured by the plate reader.6B(1)(a), an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. The bill prohibits a plate reader from being placed and directed at a church, synagogue, or other established place of religious worship. A person who violates this provision commits a simple misdemeanor.