Bill Summary for S 182 (2015-2016)

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Summary date: 

Jul 15 2015
S.L. 2015-190

Bill Information:

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.

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Bill summary

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.