Relating to the use of automatic registration plate readers, providing penalties, and including effective date provisions

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 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 days and a fine of at least $105 but not more than $855. This bill repeals these provisions. The bill instead prohibits a state agency, political subdivision, law enforcement agency, public official, public employee, contractor, vendor, or private entity acting on behalf of or in coordination with a governmental entity (covered entities) from using a plate reader. The bill specifically preempts local ordinances or policies authorizing and regulating the use of plate readers. A covered entity that used an automatic registration plate reader before the bill takes effect must remove every plate reader and destroy all plate reader data not later than days after the effective date of the bill. The bill provides for a private right of action against covered entities that violate the bill, limits the admissibility of evidence obtained by a plate reader, and provides enforcement provisions and civil penalties. A person who knowingly uses or authorizes unlawful use of a plate reader by a covered entity is personally liable for penalties under the bill, and the attorney general may bring actions against such persons. The bill takes effect upon enactment.