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A05715 Summary:

BILL NO    A05715 

SAME AS    SAME AS S00163

SPONSOR    Kavanagh

COSPNSR    

MLTSPNSR   

Add S1111-e, V & T L

Relates to the operation of traffic-control signal photo violation-monitoring
devices.
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A05715 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5715

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                     March 3, 2015
                                      ___________

       Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
         tee on Transportation

       AN  ACT  to amend the vehicle and traffic law, in relation to the opera-
         tion of traffic-control signal photo violation-monitoring devices

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
    2  section 1111-e to read as follows:
    3    S 1111-E. TRAFFIC-CONTROL SIGNAL PHOTO  VIOLATION-MONITORING  DEVICES;
    4  PROHIBITIONS  AND  PROTECTIONS.   NOTWITHSTANDING ANY OTHER PROVISION OF
    5  LAW, RULE OR REGULATION TO THE CONTRARY, A CITY OR COUNTY AUTHORIZED  TO
    6  INSTALL  AND  OPERATE  TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
    7  DEVICES PURSUANT TO THE PROVISIONS OF SECTION ELEVEN HUNDRED ELEVEN-B OF
    8  THIS ARTICLE SHALL ADOPT AND ENFORCE MEASURES TO PROTECT THE PRIVACY  OF
    9  DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDENTIFYING INFORMA-
   10  TION  MAY  BE CAPTURED BY SUCH DEVICES. SUCH PRIVACY-PROTECTION MEASURES
   11  SHALL INCLUDE, BUT NOT BE LIMITED TO:
   12    1. UTILIZATION OF NECESSARY TECHNOLOGIES  TO  ENSURE,  TO  THE  EXTENT
   13  PRACTICABLE,  THAT  PHOTOGRAPHS  PRODUCED BY SUCH TRAFFIC-CONTROL SIGNAL
   14  PHOTO VIOLATION-MONITORING DEVICES SHALL NOT INCLUDE IMAGES THAT IDENTI-
   15  FY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE.  HOWEVER,
   16  NO NOTICE  OF  LIABILITY  ISSUED  PURSUANT  TO  SECTION  ELEVEN  HUNDRED
   17  ELEVEN-B  OF THIS ARTICLE SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH
   18  OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF  A  VEHI-
   19  CLE,  PROVIDED  THAT SUCH CITY OR COUNTY HAS MADE A REASONABLE EFFORT TO
   20  COMPLY WITH THE PROVISIONS OF THIS SECTION;
   21    2. PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLE'S LICENSE  PLATE
   22  INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY TRAFFIC-CONTROL
   23  SIGNAL  PHOTO  VIOLATION-MONITORING DEVICES EXCEPT AS REQUIRED TO ESTAB-
   24  LISH LIABILITY UNDER THIS SECTION OR COLLECT PAYMENT  OF  PENALTIES;  OR
   25  UNLESS  AUTHORIZED  BY A COURT ORDERED SUBPOENA OR SEARCH WARRANT ISSUED

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01256-01-5
       A. 5715                             2

    1  IN RESPONSE TO A REQUEST BY LAW ENFORCEMENT OFFICIALS  PERTAINING  TO  A
    2  SPECIFIC  ACCIDENT  OR SPECIFIC INCIDENT OF ALLEGED CRIMINAL CONDUCT; OR
    3  EXCEPT AS OTHERWISE REQUIRED BY LAW;
    4    3.  DESTRUCTION OF IMAGES OBTAINED BY THE TRAFFIC-CONTROL SIGNAL PHOTO
    5  VIOLATION-MONITORING DEVICES NO LATER THAN THIRTY  DAYS  FROM  THE  DATE
    6  SUCH  IMAGES  WERE  RECORDED;  OR  IMMEDIATELY  UPON ADJUDICATION OF THE
    7  LIABILITY AND PAYMENT OF FINES, AS PROVIDED IN  SECTION  ELEVEN  HUNDRED
    8  ELEVEN-B  OF THIS ARTICLE, IF EITHER EVENT OCCURS LATER THAN THIRTY DAYS
    9  FROM THE DATE SUCH IMAGES ARE RECORDED;
   10    4.  THE  DELETION  OF  IDENTIFYING  INFORMATION,  INCLUDING  VEHICLES'
   11  LICENSE PLATE INFORMATION, FROM RECORDS MAINTAINED FOR RESEARCH PURPOSES
   12  OR FOR REPORTING PURPOSES AS DETAILED IN SECTION ELEVEN HUNDRED ELEVEN-B
   13  OF THIS ARTICLE; AND
   14    5.  OVERSIGHT  PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED
   15  PRIVACY-PROTECTION MEASURES.
   16    S 2. This act shall take effect immediately.
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