S00023 Summary:

BILL NOS00023
 
SAME ASNo Same As
 
SPONSORHOYLMAN
 
COSPNSR
 
MLTSPNSR
 
Add §397-a, Gen Bus L; add §837-t, Exec L
 
Relates to automatic license plate readers (ALPRs); sets out when the use of ALPR systems is allowable; the preservation of any plate data obtained; how to obtain disclosure of such data through a court order; mandatory postings of policies and annual reporting requirements; how the data may be used in proceedings, criminal and civil; and places such data in the personal data category.
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S00023 Actions:

BILL NOS00023
 
01/04/2017REFERRED TO CONSUMER PROTECTION
01/03/2018REFERRED TO CONSUMER PROTECTION
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S00023 Committee Votes:

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S00023 Floor Votes:

There are no votes for this bill in this legislative session.
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S00023 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           23
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2017
                                       ___________
 
        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
 
        AN ACT to amend the general business  law  and  the  executive  law,  in
          relation to the use of automatic license plate reader systems

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The general business law is amended by adding a new section
     2  397-b to read as follows:
     3    § 397-b. Use of automatic license plate reader systems prohibited.  As
     4  used in this section:   1. "Automatic license plate  reader  system"  or
     5  "ALPR  system"  shall  mean a system of one or more mobile or fixed high
     6  speed cameras used in combination with computer  algorithms  to  convert
     7  images of license plates into computer-readable data.
     8    2.  It  shall  be  unlawful for any business, individual, partnership,
     9  corporation, association, or state or local government non-law  enforce-
    10  ment entity to use an automatic license plate reader system.
    11    3.  The  provisions  of  this section shall not apply to an electronic
    12  toll collection system or associated transaction system or any component
    13  thereof which is operated by a  public  authority  for  the  purpose  of
    14  imposing and collecting tolls on a roadway within the state.
    15    4.  A  violation  of the provisions of this section shall constitute a
    16  violation, and upon conviction thereof shall be punishable by a term  of
    17  imprisonment  not  to exceed fifteen days, or by a fine of not more than
    18  one thousand dollars, or by both such fine and imprisonment. Each unlaw-
    19  fully installed or maintained device shall  constitute  a  separate  and
    20  distinct violation.
    21    §  2.  The  executive  law is amended by adding a new section 837-t to
    22  read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03776-02-7

        S. 23                               2
 
     1    § 837-t. Use of automatic license plate  readers  by  law  enforcement
     2  agencies.  1. The use of automatic license plate reader systems by state
     3  and local law enforcement agencies shall be governed by this section.
     4    (a)  "Automatic  license  plate  reader system" or "ALPR system" shall
     5  mean a system of one or more mobile or fixed high speed cameras used  in
     6  combination with computer algorithms to convert images of license plates
     7  into computer-readable data.
     8    (b)  "Captured  plate  data"  shall mean the GPS coordinates, date and
     9  time, photograph, license plate number, and any other data  captured  by
    10  or derived from any ALPR system.
    11    (c)  "Secured  area" shall mean an area, enclosed by clear boundaries,
    12  to which access is limited and entry is only obtainable through specific
    13  access-control points.
    14    2. (a) A state or local law enforcement agency may  use  an  automatic
    15  license plate reader for the immediate comparison of captured plate data
    16  held  by  the  registry  of  motor  vehicles, the department of criminal
    17  justice information services, the national crime information center, the
    18  FBI kidnappings and missing persons list, and the New York  state  AMBER
    19  alert plan for the purpose of identifying:
    20    (i) outstanding parking or traffic violations;
    21    (ii) a violation of vehicle registration requirements;
    22    (iii) a vehicle in violation of inspection requirements;
    23    (iv) a stolen vehicle or stolen license plate;
    24    (v)  a  vehicle  registered  to  an  individual  for  whom there is an
    25  outstanding default or arrest warrant for felony charges; or
    26    (vi) a vehicle associated with a missing person.
    27    (b) Automatic license plate readers may also be used: (i)  by  parking
    28  enforcement entities for the regulation of public parking;
    29    (ii) by state or local government agencies for the purpose of control-
    30  ling access to secured areas; and
    31    (iii)  by  the department of transportation or a public authority, for
    32  the purpose of electronic toll collection.
    33    3. (a) Captured plate data obtained for the purposes  described  under
    34  this section shall not be used or shared for any other purpose and shall
    35  not  be  preserved for more than one hundred eighty days except pursuant
    36  to a preservation or disclosure request under  this  subdivision,  or  a
    37  warrant.  Captured  plate  data may be maintained within the custody and
    38  control of a law enforcement agency for a longer time period if the data
    39  is retained or stored as part of an ongoing investigation, and  in  such
    40  case  the  data  shall  be  destroyed at the conclusion of either (i) an
    41  investigation that does not result in any criminal charges being  filed;
    42  or  (ii)  any  criminal  action  undertaken  in the matter involving the
    43  captured plate data.
    44    (b) Upon the request of any law enforcement agency, an operator of  an
    45  ALPR  system  shall  take  all  necessary  steps to immediately preserve
    46  captured plate data in its possession. A requesting agency must  specify
    47  in  a  written sworn statement: (i) the particular camera or cameras for
    48  which captured plate data must be preserved or  the  particular  license
    49  plate for which captured plate data must be preserved; and (ii) the date
    50  or dates and timeframes for which captured plate data must be preserved.
    51    (c)  A  law enforcement agency may apply for a court order for disclo-
    52  sure of captured plate data which shall be issued by any court of compe-
    53  tent jurisdiction if the agency offers specific  and  articulable  facts
    54  showing  that  there are reasonable grounds to believe that the captured
    55  plate data is relevant and material to an ongoing  criminal  or  missing
    56  persons investigation.

        S. 23                               3
 
     1    (d) Captured plate data shall be destroyed by the operator of the ALPR
     2  system if the application for a disclosure order is denied or at the end
     3  of fourteen days, whichever is later.
     4    4.  Entities  authorized  to use ALPR systems under subdivision two of
     5  this section shall not sell, trade, or exchange captured plate data  for
     6  any purpose.
     7    5.  An alert from an ALPR system used by a law enforcement agency does
     8  not constitute reasonable suspicion or probable cause to perform a traf-
     9  fic stop. If an ALPR system alerts on a plate, a law enforcement officer
    10  must visually confirm that the plate number and state  of  origin  match
    11  the alert before taking law enforcement action.
    12    6. Law enforcement agencies that use ALPR systems shall:
    13    (a)  Adopt a policy governing use of the system and conspicuously post
    14  the policy on the entity's web site;
    15    (b) Adopt a privacy policy to ensure that captured plate data  is  not
    16  shared  in  violation of this section or any other law and conspicuously
    17  post the privacy policy on the agency's web site; and
    18    (c) Report annually its automatic license plate reader  practices  and
    19  usage to the division, and conspicuously post the report on the entity's
    20  web site. The report shall include:
    21    (i) the number of license plates scanned;
    22    (ii) the number of preservation requests;
    23    (iii) the number of disclosure orders;
    24    (iv) any changes in policy that affect privacy concerns;
    25    (v)  the  names  of  the  lists  against which captured plate data was
    26  checked, and for each list the number of confirmed matches;
    27    (vi) the number of disclosure orders resulting  in  criminal  charges,
    28  and the number of such charges resulting in conviction;
    29    (vii)  the total number of automatic license plate readers being oper-
    30  ated by the agency;
    31    (viii) the number of automatic license  plate  reader  readings  being
    32  retained;
    33    (ix)  the  number  of requests made for automatic license plate reader
    34  data, including (A) the number of requests that resulted in the  release
    35  of  information; (B) the number of out-of-state requests; (C) the number
    36  of federal requests;  (D)  the  number  of  out-of-state  requests  that
    37  resulted in a release of information; and
    38    (x)  any  data  breaches or unauthorized uses of the automatic license
    39  plate reader database.
    40    7. Any plate data captured  or  improperly  maintained  shall  not  be
    41  introduced  by  the state in any grand jury or criminal proceeding or in
    42  any civil or administrative proceeding  brought  by  the  state  or  any
    43  government  office  or official. The state shall disclose to the defense
    44  the existence and the contents of any such  captured  data.  A  criminal
    45  defendant  shall  be  entitled  to  introduce evidence of captured data,
    46  however obtained and maintained, in his or her  defense.  An  individual
    47  whose  rights  have been violated by the improper capture or maintenance
    48  of plate data may introduce evidence concerning that  plate  data  in  a
    49  civil  action  or  may  grant  permission  to  another  party in a civil
    50  proceeding to introduce such evidence.
    51    8. (a) Any aggrieved person may institute a civil action  to  restrain
    52  any  violation  of  this  section.    If,  in any such action, a willful
    53  violation is found to have occurred, the violator shall not be  entitled
    54  to  claim  any  privilege absolute or qualified, and he or she shall, in
    55  addition to any liability for such actual damages as may  be  shown,  be
    56  liable  for  exemplary damages of not less than one hundred and not more

        S. 23                               4
 
     1  than one thousand dollars for each violation, together  with  costs  and
     2  reasonable  attorneys'  fees  and  disbursements  incurred by the person
     3  bringing the action.
     4    (b)  Any employee of a law enforcement agency authorized to utilize an
     5  ALPR system who violates the provisions of this section prohibiting  the
     6  use, sale, dissemination or other distribution of license plate data for
     7  other  than  legitimate  law  enforcement  purposes shall be guilty of a
     8  misdemeanor punishable by a sentence of imprisonment not  exceeding  one
     9  year  or  a fine not exceeding ten thousand dollars or by both such fine
    10  and imprisonment.
    11    9. Captured plate data shall be  considered  personal  data.  Captured
    12  plate  data  may only be disclosed to, or with the prior written consent
    13  of, the person to whom the vehicle  is  registered;  provided,  however,
    14  that  upon  presentation  to  an  operator of an ALPR system of a valid,
    15  current abuse prevention order protecting the driver of a vehicle joint-
    16  ly registered with or registered solely in the name  of  the  individual
    17  against  whom  the  order  was  issued,  captured  plate data may not be
    18  disclosed except pursuant to a disclosure order or as the  result  of  a
    19  match.
    20    § 3. This act shall take effect immediately.
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