Bill Summary for S 623 (2013-2014)

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Summary date: 

Apr 2 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 623 (Public) Filed Tuesday, April 2, 2013
A BILL TO BE ENTITLED AN ACT TO REGULATE THE USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS.
Intro. by McKissick, Bingham.

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Bill summary

Enacts new Article 3D, Automatic License Plate Reader System, in GS Chapter 20 making it illegal 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. Sets out purposes for which an automatic license plate reader system may be used, including electronic toll collection. Prohibits data captured for the allowable purposes from begin used or shared for any other purpose and it cannot be preserved for more than 10 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, once a disclosure order has been issued. Sets out additional provisions concerning and 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 items that the court may award to the prevailing party. Makes a willful and knowing violation of GS 20-183.23(b) a Class 1 misdemeanor. Prohibits data or information captured in violation of the Article inadmissible as evidence in any criminal, civil, or administrative proceeding.

Applies to offenses committed on or after December 1, 2013.