SCS/SB 85 - This act restricts the storage of data collected through automated license plate reader systems by government entities to 30 days after capture. Entities in possession of the data must purge all records and backup copies of the data at the end of the 30 day period unless the data is subject to a preservation request for an active criminal investigation or court proceeding, is kept pursuant to a one year limited published law enforcement organization policy restricting data to detectives or system auditors after the initial 30 days, or pursuant to a warrant. Under this act, captured plate data shall not be transferred to a federal database, but may be accessed by the federal government as otherwise provided by law. The use of any data or evidence derived from automated license plate reader systems preserved in violation of this section shall not be received into evidence in any proceeding.
This act also creates a Class E felony for misuse of license plate reader information collected by a government entity.
This act requires the Department of Public Safety to promulgate a rule establishing a standard for the installation and operation of automated license plate reader systems by August 28, 2018. Government entities must apply for approval of pre-existing systems within 30 days of the rule's promulgation, but may continue to operate such systems pending adjudication of the application. Government entities must apply for approval of new automated license plate readers, and may install but not operate such systems pending adjudication of the application, but must remove them if the application is denied.
This act is similar to SB 1040 (2016), SB 196 (2015), and provisions in SS/SCS/SB 599 (2014).
ERIC VANDER WEERD