|SAME AS||No Same As|
|Add S1111-e, V & T L|
|Relates to the operation of traffic-control signal photo violation-monitoring devices.|
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STATE OF NEW YORK ________________________________________________________________________ 5715 2015-2016 Regular Sessions IN ASSEMBLY 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 § 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. LBD01256-01-5A. 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 § 2. This act shall take effect immediately.