S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   290

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Transportation

AN  ACT  to amend the vehicle and traffic law, in relation to the opera-
  tion of traffic-control signal photo violation-monitoring devices

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  vehicle  and  traffic law is amended by adding a new
section 1111-d to read as follows:
  S 1111-D. TRAFFIC-CONTROL SIGNAL PHOTO  VIOLATION-MONITORING  DEVICES;
PROHIBITIONS  AND  PROTECTIONS.   NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, RULE OR REGULATION TO THE CONTRARY, A CITY OR COUNTY AUTHORIZED  TO
INSTALL  AND  OPERATE  TRAFFIC-CONTROL SIGNAL PHOTO VIOLATION-MONITORING
DEVICES PURSUANT TO THE PROVISIONS OF SECTION ELEVEN HUNDRED ELEVEN-B OF
THIS ARTICLE SHALL ADOPT AND ENFORCE MEASURES TO PROTECT THE PRIVACY  OF
DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDENTIFYING INFORMA-
TION  MAY  BE CAPTURED BY SUCH DEVICES. SUCH PRIVACY-PROTECTION MEASURES
SHALL INCLUDE, BUT NOT BE LIMITED TO:
  1. UTILIZATION OF NECESSARY TECHNOLOGIES  TO  ENSURE,  TO  THE  EXTENT
PRACTICABLE,  THAT  PHOTOGRAPHS  PRODUCED BY SUCH TRAFFIC-CONTROL SIGNAL
PHOTO VIOLATION-MONITORING DEVICES SHALL NOT INCLUDE IMAGES THAT IDENTI-
FY THE DRIVER, THE PASSENGERS, OR THE CONTENTS OF THE VEHICLE.  HOWEVER,
NO NOTICE  OF  LIABILITY  ISSUED  PURSUANT  TO  SECTION  ELEVEN  HUNDRED
ELEVEN-B  OF THIS ARTICLE SHALL BE DISMISSED SOLELY BECAUSE A PHOTOGRAPH
OR PHOTOGRAPHS ALLOW FOR THE IDENTIFICATION OF THE CONTENTS OF  A  VEHI-
CLE,  PROVIDED  THAT SUCH CITY OR COUNTY HAS MADE A REASONABLE EFFORT TO
COMPLY WITH THE PROVISIONS OF THIS SECTION;
  2. PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLE'S LICENSE  PLATE
INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY TRAFFIC-CONTROL
SIGNAL  PHOTO  VIOLATION-MONITORING DEVICES EXCEPT AS REQUIRED TO ESTAB-
LISH LIABILITY UNDER THIS SECTION OR COLLECT PAYMENT  OF  PENALTIES;  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00304-01-3

A. 290                              2

UNLESS  AUTHORIZED  BY A COURT ORDERED SUBPOENA OR SEARCH WARRANT ISSUED
IN RESPONSE TO A REQUEST BY LAW ENFORCEMENT OFFICIALS  PERTAINING  TO  A
SPECIFIC  ACCIDENT  OR SPECIFIC INCIDENT OF ALLEGED CRIMINAL CONDUCT; OR
EXCEPT AS OTHERWISE REQUIRED BY LAW;
  3.  DESTRUCTION OF IMAGES OBTAINED BY THE TRAFFIC-CONTROL SIGNAL PHOTO
VIOLATION-MONITORING DEVICES NO LATER THAN THIRTY  DAYS  FROM  THE  DATE
SUCH  IMAGES  WERE  RECORDED;  OR  IMMEDIATELY  UPON ADJUDICATION OF THE
LIABILITY AND PAYMENT OF FINES, AS PROVIDED IN  SECTION  ELEVEN  HUNDRED
ELEVEN-B  OF THIS ARTICLE, IF EITHER EVENT OCCURS LATER THAN THIRTY DAYS
FROM THE DATE SUCH IMAGES ARE RECORDED;
  4.  THE  DELETION  OF  IDENTIFYING  INFORMATION,  INCLUDING  VEHICLES'
LICENSE PLATE INFORMATION, FROM RECORDS MAINTAINED FOR RESEARCH PURPOSES
OR FOR REPORTING PURPOSES AS DETAILED IN SECTION ELEVEN HUNDRED ELEVEN-B
OF THIS ARTICLE; AND
  5.  OVERSIGHT  PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED
PRIVACY-PROTECTION MEASURES.
  S 2. This act shall take effect immediately.