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) or any associated data storage device is required to permanently delete from the plate reader and storage device, as applicable, every image of a vehicle registration plate captured by the plate reader, and any other accompanying data, no later than 30 days after the image was captured. However, prior to deletion, an image of a vehicle registration plate captured by a plate reader may be copied and stored by a law enforcement agency if the image and data are relevant to an ongoing criminal case or investigation. The law enforcement agency is not required to delete the copied image or data but must maintain the copied registration plate image and data in accordance with the agency’s evidence retention policies. This bill repeals these provisions and enacts a new Code chapter regulating the use of plate readers. The bill prohibits a person other than a law enforcement agency from using a plate reader. A plate reader must be approved by a specified state procurement team that must vet the vendor and plate reader systems. The bill requires certain provisions be included in any contract to use a plate reader. The bill requires a warrant to search a plate reader, with exceptions provided in the bill. Additionally, the bill regulates plate reader data retention and data disclosure, and requires recordkeeping, local policies for using a plate reader, reports to the department of public safety and to the governor and general assembly, and information about the use of plate readers to be publicized. The bill places restrictions on how plate readers may be used and regulates law enforcement officers stopping a vehicle based solely on plate reader alerts. A person who willfully and intentionally queries, accesses, or uses a plate reader in violation of the bill, or who willfully and intentionally sells, shares, or disseminates plate reader data or audit trail data in violation of the bill, commits a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. The bill regulates the admissibility of evidence obtained by a plate reader, requires a vendor to notify law enforcement agencies regarding requests for access to the vendor’s plate reader, and requires law enforcement agencies to promote public awareness of the use of plate readers. The bill does not apply to an automated traffic law enforcement system used to enforce parking regulations, speed limits, toll requirements, high-occupancy vehicle requirements, or on-road emissions monitoring.