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

                                 163--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation  --  recom-
  mitted  to  the  Committee on Transportation in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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-f to read as follows:
  S 1111-F. 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01256-02-6
              

S. 163--A                           2

  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
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.