AUTOMATIC LICENSE PLATE READERS.

View NCGA Bill Details2015-2016 Session
Senate Bill 182 (Public) Filed Wednesday, March 4, 2015
AN ACT TO REGULATE THE USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS.
Intro. by McKissick, Barefoot, Daniel.

Status: Ch. SL 2015-190 (Senate Action) (Aug 5 2015)

Bill History:

S 182/S.L. 2015-190

Bill Summaries:

  • Summary date: Aug 10 2015 - More information

    AN ACT TO REGULATE THE USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS. Enacted August 5, 2015. Effective December 1, 2015.


  • Summary date: Jul 21 2015 - More information

    House amendments make the following changes to the 4th edition.

    Amendment #1

    Amends proposed GS 20-183.24 to provide that captured plate data obtained by an automatic license plate reader system, operated by or on behalf of a law enforcement agency for law enforcement purposes, cannot be preserved for more than 90 days after it is captured (previously, the 90 day preservation limit applied to all automatic license plate reader systems, whether or not the system was operated by a law enforcement agency). 

    Amendment #2

    Amends proposed GS 20-183.23, adding a new subsection (c) requiring law enforcement agencies that use automatic license plate reader systems to keep maintenance and calibration schedules and records for the system on file. 


  • Summary date: Jul 15 2015 - More information

    House committee substitute makes the following changes to the 3rd edition.

    Amends proposed GS 20-183.23, Regulation of use, making a technical change and adding a provision stating that data obtained by law enforcement agencies, pursuant to this section or GS 20-183.24, Preservation and disclosure of records, can only be obtained, accessed, preserved, or disclosed for law enforcement or criminal justice purposes. 

    Deletes all of the provisions of proposed GS 20-183.24, Preservation and disclosure of records, and replaces it with the following. Provides that captured plate data obtained by an automatic license plate reader system, whether or not the system is operated by a law enforcement agency, cannot be preserved for more than 90 days after it is captured. Sets out exemptions to the 90-day limit on preservation, allowing preservation after 90 days when (1) a preservation request as specified is made; (2) a search warrant is issued pursuant to GS Chapter 15A, Article 11; or (3) a federal search warrant is issued in compliance with the Federal Rules of Criminal Procedure. Sets out requirements for law enforcement agencies making preservation requests, requiring the requesting agency to specify in a written, sworn statement the following: (1) the location of the camera(s) for which data is to be preserved and the specific license plate, (2) date(s) and time frames of the captured data that is to be preserved, (3) specific and articulable facts demonstrating reasonable grounds that the captured data is relevant and material to an ongoing criminal or missing persons investigation or is needed as proof of a violation of a motor carrier safety regulation, and (4) the case and identity of the parties involved in that case.  Provides that after one year from the date of the initial preservation request, the captured plate data must be destroyed according to the custodian's record or retention policy, unless another preservation request is received within that time period. Requires agencies to update the systems as often as specified. Provides that captured data is considered to be confidential and not a public record. Data can only be disclosed to federal, state, or local law enforcement agencies for legitimate law enforcement or public safety purposes. 


  • Summary date: Jun 30 2015 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Requires that the written policy adopted by any state or local law enforcement agency using an automatic license plate reader system must address accessing data obtained by automatic license plate reader systems that are not operated by the law enforcement agency.

    Prohibits preserving data obtained by an automatic license plate reader system that is operated by a law enforcement agency for more than 90 days unless when there is a written, articulated, and recorded basis that the data has intelligence or investigatory value, or may become evidence in a specific crime, or is needed to prove a motor carrier safety violation. Provides that data obtained by an automatic license plate reader system that is not operated by a law enforcement agency and is preserved for more than 90 days may not be accessed by a law enforcement agency unless the same standards as specified for a plate reader system operated by a law enforcement agency are met. Makes an organizational change to new GS 20-183.24.


  • Summary date: Apr 23 2015 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Amends the definition of automatic license plate reader system in GS 20-183.22 to exclude an open-road tolling system.

    Amends GS 20-183.24 to also allow data obtained by an automatic license plate reader system to be preserved for more than 90 days if it is needed to prove a violation of a motor carrier safety regulation.


  • Summary date: Mar 4 2015 - More information

    Enacts new Article 3D, Automatic License Plate Reader Systems, in GS Chapter 20, regulating the use by state or local law enforcement agencies of an "automatic license plate reader system" (plate reader), defined as a system of one or more mobile or fixed automated high-speed cameras used in combination with computer algorithms to covert images of license plates into computer readable data, excluding traffic control photographic systems. Also defines law enforcement agencyto mean any agency or officer of the state or any of the state's political subdivisions empowered by the laws of this state to prosecute or participate in the prosecution of persons who are arrested or subject to civil actions related to or concerning an arrest.

    Requires any state or local law enforcement agency using a plate reader to have a written policy governing the use of the plate reader before the system is operational and specifies the mandatory issues that the written policy must address.

    Prohibits preserving data collected via a plate reader for more than 90 days unless there is a written, articulable, and recorded basis for retaining the data for its investigatory or evidentiary value or the possibility that the data may become evidence in a specific criminal action. In such instances, the specific case and the parties involved must be identified. Declares data obtained by a plate reader is confidential and not a public record as the term is defined in GS 132-1. Prohibits disclosure of data obtained via a plate reader except to a federal, state, or local law enforcement agency for a legitimate law enforcement or public safety pursuit in response to a written request from the requesting agency. Permits the written requests to be in an electronic format.

    Effective December 1, 2015.


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