Bill Summary for H 829 (2015-2016)

Printer-friendly: Click to view

Summary date: 

Apr 17 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 829 (Public) Filed Tuesday, April 14, 2015
AN ACT TO REGULATE THE USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS BY STATE GOVERNMENTAL ENTITIES.
Intro. by Speciale, Hardister, Glazier.

View: All Summaries for BillTracking:

Bill summary

Enacts new Article 3D, Automatic License Plate Reader Systems, in GS Chapter 20. Subsection (a) of GS 20-183.23, as enacted in this act, makes it illegal for a governmental entity to use an automatic license plate reader system, 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. Subsection (b) provides exceptions to the prohibition in subsection (a), setting out purposes for which an automatic license plate reader systemmay be used, including electronic toll collection.

Prohibits data captured for the allowable purposes from being used or shared for any other purpose and it cannot be preserved for more than 60 days except pursuant to specified requests or warrants. Allows an investigative or law enforcement officer to apply for a court order compelling disclosure of captured plate data and sets out steps to be taken by a person using the system to preserve data, oncea disclosure order has been issued. Sets out additional provisions concerning and placing restrictions on individuals capturing data under one of the allowed uses, including reporting requirements.

Allows an aggrieved party to bring a civil action against a person violating the new Article. Specifies that the court may award damages, reasonable attorneys' fees and other litigation costs, and injunctive relief to the prevailing party. Makes a willful and knowing violation of GS 20-183.23 a Class 1 misdemeanor. Makes data or information captured in violation of GS 20-183.23 or GS 20-183.24, as enacted in this act, inadmissible as evidence in any criminal, civil, or administrative proceeding.

Amends GS 136-18, adding a new subdivision (46) to provide that the Department of Transportation may enter into agreements with municipalities, counties, and other governmental entities for the use of and encroachment on the right-of-way of any road identified as part of the state highway system in order to operate an automatic license plate reader system in accordance with Article 3D of GS Chapter 20.

Effective December 1, 2015, and applies to offenses committed on or after that date.