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

                                  7245

                            I N  S E N A T E

                             April 11, 2016
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business  law  and  the  executive  law,  in
  relation to the use of automatic license plate reader systems

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

  Section 1. The general business law is amended by adding a new section
397-b to read as follows:
  S 397-B. USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS PROHIBITED.  AS
USED IN THIS SECTION:   1. "AUTOMATIC LICENSE PLATE  READER  SYSTEM"  OR
"ALPR  SYSTEM"  SHALL  MEAN A SYSTEM OF ONE OR MORE MOBILE OR FIXED HIGH
SPEED CAMERAS USED IN COMBINATION WITH COMPUTER  ALGORITHMS  TO  CONVERT
IMAGES OF LICENSE PLATES INTO COMPUTER-READABLE DATA.
  2.  IT  SHALL  BE  UNLAWFUL FOR ANY BUSINESS, INDIVIDUAL, PARTNERSHIP,
CORPORATION, ASSOCIATION, OR STATE OR LOCAL GOVERNMENT NON-LAW  ENFORCE-
MENT ENTITY TO USE AN AUTOMATIC LICENSE PLATE READER SYSTEM.
  3.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO AN ELECTRONIC
TOLL COLLECTION SYSTEM OR ASSOCIATED TRANSACTION SYSTEM OR ANY COMPONENT
THEREOF WHICH IS OPERATED BY A  PUBLIC  AUTHORITY  FOR  THE  PURPOSE  OF
IMPOSING AND COLLECTING TOLLS ON A ROADWAY WITHIN THE STATE.
  4.  A  VIOLATION  OF THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A
VIOLATION, AND UPON CONVICTION THEREOF SHALL BE PUNISHABLE BY A TERM  OF
IMPRISONMENT  NOT  TO EXCEED FIFTEEN DAYS, OR BY A FINE OF NOT MORE THAN
ONE THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT. EACH UNLAW-
FULLY INSTALLED OR MAINTAINED DEVICE SHALL  CONSTITUTE  A  SEPARATE  AND
DISTINCT VIOLATION.
  S  2.  The  executive  law is amended by adding a new section 837-s to
read as follows:
  S 837-S. USE OF AUTOMATIC LICENSE PLATE  READERS  BY  LAW  ENFORCEMENT
AGENCIES.  1. THE USE OF AUTOMATIC LICENSE PLATE READER SYSTEMS BY STATE
AND LOCAL LAW ENFORCEMENT AGENCIES SHALL BE GOVERNED BY THIS SECTION.
  (A) "AUTOMATIC LICENSE PLATE READER SYSTEM"  OR  "ALPR  SYSTEM"  SHALL
MEAN  A SYSTEM OF ONE OR MORE MOBILE OR FIXED HIGH SPEED CAMERAS USED IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07005-02-5
              

S. 7245                             2

COMBINATION WITH COMPUTER ALGORITHMS TO CONVERT IMAGES OF LICENSE PLATES
INTO COMPUTER-READABLE DATA.
  (B)  "CAPTURED  PLATE  DATA"  SHALL MEAN THE GPS COORDINATES, DATE AND
TIME, PHOTOGRAPH, LICENSE PLATE NUMBER, AND ANY OTHER DATA  CAPTURED  BY
OR DERIVED FROM ANY ALPR SYSTEM.
  (C)  "SECURED  AREA" SHALL MEAN AN AREA, ENCLOSED BY CLEAR BOUNDARIES,
TO WHICH ACCESS IS LIMITED AND ENTRY IS ONLY OBTAINABLE THROUGH SPECIFIC
ACCESS-CONTROL POINTS.
  2. (A) A STATE OR LOCAL LAW ENFORCEMENT AGENCY MAY  USE  AN  AUTOMATIC
LICENSE PLATE READER FOR THE IMMEDIATE COMPARISON OF CAPTURED PLATE DATA
HELD  BY  THE  REGISTRY  OF  MOTOR  VEHICLES, THE DEPARTMENT OF CRIMINAL
JUSTICE INFORMATION SERVICES, THE NATIONAL CRIME INFORMATION CENTER, THE
FBI KIDNAPPINGS AND MISSING PERSONS LIST, AND THE NEW YORK  STATE  AMBER
ALERT PLAN FOR THE PURPOSE OF IDENTIFYING:
  (I) OUTSTANDING PARKING OR TRAFFIC VIOLATIONS;
  (II) A VIOLATION OF VEHICLE REGISTRATION REQUIREMENTS;
  (III) A VEHICLE IN VIOLATION OF INSPECTION REQUIREMENTS;
  (IV) A STOLEN VEHICLE OR STOLEN LICENSE PLATE;
  (V)  A  VEHICLE  REGISTERED  TO  AN  INDIVIDUAL  FOR  WHOM THERE IS AN
OUTSTANDING DEFAULT OR ARREST WARRANT FOR FELONY CHARGES; OR
  (VI) A VEHICLE ASSOCIATED WITH A MISSING PERSON.
  (B) AUTOMATIC LICENSE PLATE READERS MAY ALSO BE USED: (I)  BY  PARKING
ENFORCEMENT ENTITIES FOR THE REGULATION OF PUBLIC PARKING;
  (II) BY STATE OR LOCAL GOVERNMENT AGENCIES FOR THE PURPOSE OF CONTROL-
LING ACCESS TO SECURED AREAS; AND
  (III)  BY  THE DEPARTMENT OF TRANSPORTATION OR A PUBLIC AUTHORITY, FOR
THE PURPOSE OF ELECTRONIC TOLL COLLECTION.
  3. (A) CAPTURED PLATE DATA OBTAINED FOR THE PURPOSES  DESCRIBED  UNDER
THIS SECTION SHALL NOT BE USED OR SHARED FOR ANY OTHER PURPOSE AND SHALL
NOT  BE  PRESERVED FOR MORE THAN ONE HUNDRED EIGHTY DAYS EXCEPT PURSUANT
TO A PRESERVATION OR DISCLOSURE REQUEST UNDER  THIS  SUBDIVISION,  OR  A
WARRANT.  CAPTURED  PLATE  DATA MAY BE MAINTAINED WITHIN THE CUSTODY AND
CONTROL OF A LAW ENFORCEMENT AGENCY FOR A LONGER TIME PERIOD IF THE DATA
IS RETAINED OR STORED AS PART OF AN ONGOING INVESTIGATION, AND  IN  SUCH
CASE  THE  DATA  SHALL  BE  DESTROYED AT THE CONCLUSION OF EITHER (I) AN
INVESTIGATION THAT DOES NOT RESULT IN ANY CRIMINAL CHARGES BEING  FILED;
OR  (II)  ANY  CRIMINAL  ACTION  UNDERTAKEN  IN THE MATTER INVOLVING THE
CAPTURED PLATE DATA.
  (B) UPON THE REQUEST OF ANY LAW ENFORCEMENT AGENCY, AN OPERATOR OF  AN
ALPR  SYSTEM  SHALL  TAKE  ALL  NECESSARY  STEPS TO IMMEDIATELY PRESERVE
CAPTURED PLATE DATA IN ITS POSSESSION. A REQUESTING AGENCY MUST  SPECIFY
IN  A  WRITTEN SWORN STATEMENT: (I) THE PARTICULAR CAMERA OR CAMERAS FOR
WHICH CAPTURED PLATE DATA MUST BE PRESERVED OR  THE  PARTICULAR  LICENSE
PLATE FOR WHICH CAPTURED PLATE DATA MUST BE PRESERVED; AND (II) THE DATE
OR DATES AND TIMEFRAMES FOR WHICH CAPTURED PLATE DATA MUST BE PRESERVED.
  (C)  A  LAW ENFORCEMENT AGENCY MAY APPLY FOR A COURT ORDER FOR DISCLO-
SURE OF CAPTURED PLATE DATA WHICH SHALL BE ISSUED BY ANY COURT OF COMPE-
TENT JURISDICTION IF THE AGENCY OFFERS SPECIFIC  AND  ARTICULABLE  FACTS
SHOWING  THAT  THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE CAPTURED
PLATE DATA IS RELEVANT AND MATERIAL TO AN ONGOING  CRIMINAL  OR  MISSING
PERSONS INVESTIGATION.
  (D) CAPTURED PLATE DATA SHALL BE DESTROYED BY THE OPERATOR OF THE ALPR
SYSTEM IF THE APPLICATION FOR A DISCLOSURE ORDER IS DENIED OR AT THE END
OF FOURTEEN DAYS, WHICHEVER IS LATER.

S. 7245                             3

  4.  ENTITIES  AUTHORIZED  TO USE ALPR SYSTEMS UNDER SUBDIVISION TWO OF
THIS SECTION SHALL NOT SELL, TRADE, OR EXCHANGE CAPTURED PLATE DATA  FOR
ANY PURPOSE.
  5.  AN ALERT FROM AN ALPR SYSTEM USED BY A LAW ENFORCEMENT AGENCY DOES
NOT CONSTITUTE REASONABLE SUSPICION OR PROBABLE CAUSE TO PERFORM A TRAF-
FIC STOP. IF AN ALPR SYSTEM ALERTS ON A PLATE, A LAW ENFORCEMENT OFFICER
MUST VISUALLY CONFIRM THAT THE PLATE NUMBER AND STATE  OF  ORIGIN  MATCH
THE ALERT BEFORE TAKING LAW ENFORCEMENT ACTION.
  6. LAW ENFORCEMENT AGENCIES THAT USE ALPR SYSTEMS SHALL:
  (A)  ADOPT A POLICY GOVERNING USE OF THE SYSTEM AND CONSPICUOUSLY POST
THE POLICY ON THE ENTITY'S WEB SITE;
  (B) ADOPT A PRIVACY POLICY TO ENSURE THAT CAPTURED PLATE DATA  IS  NOT
SHARED  IN  VIOLATION OF THIS SECTION OR ANY OTHER LAW AND CONSPICUOUSLY
POST THE PRIVACY POLICY ON THE AGENCY'S WEB SITE; AND
  (C) REPORT ANNUALLY ITS AUTOMATIC LICENSE PLATE READER  PRACTICES  AND
USAGE TO THE DIVISION, AND CONSPICUOUSLY POST THE REPORT ON THE ENTITY'S
WEB SITE. THE REPORT SHALL INCLUDE:
  (I) THE NUMBER OF LICENSE PLATES SCANNED;
  (II) THE NUMBER OF PRESERVATION REQUESTS;
  (III) THE NUMBER OF DISCLOSURE ORDERS;
  (IV) ANY CHANGES IN POLICY THAT AFFECT PRIVACY CONCERNS;
  (V)  THE  NAMES  OF  THE  LISTS  AGAINST WHICH CAPTURED PLATE DATA WAS
CHECKED, AND FOR EACH LIST THE NUMBER OF CONFIRMED MATCHES;
  (VI) THE NUMBER OF DISCLOSURE ORDERS RESULTING  IN  CRIMINAL  CHARGES,
AND THE NUMBER OF SUCH CHARGES RESULTING IN CONVICTION;
  (VII)  THE TOTAL NUMBER OF AUTOMATIC LICENSE PLATE READERS BEING OPER-
ATED BY THE AGENCY;
  (VIII) THE NUMBER OF AUTOMATIC LICENSE  PLATE  READER  READINGS  BEING
RETAINED;
  (IX)  THE  NUMBER  OF REQUESTS MADE FOR AUTOMATIC LICENSE PLATE READER
DATA, INCLUDING (A) THE NUMBER OF REQUESTS THAT RESULTED IN THE  RELEASE
OF  INFORMATION; (B) THE NUMBER OF OUT-OF-STATE REQUESTS; (C) THE NUMBER
OF FEDERAL REQUESTS;  (D)  THE  NUMBER  OF  OUT-OF-STATE  REQUESTS  THAT
RESULTED IN A RELEASE OF INFORMATION; AND
  (X)  ANY  DATA  BREACHES OR UNAUTHORIZED USES OF THE AUTOMATIC LICENSE
PLATE READER DATABASE.
  7. ANY PLATE DATA CAPTURED  OR  IMPROPERLY  MAINTAINED  SHALL  NOT  BE
INTRODUCED  BY  THE STATE IN ANY GRAND JURY OR CRIMINAL PROCEEDING OR IN
ANY CIVIL OR ADMINISTRATIVE PROCEEDING  BROUGHT  BY  THE  STATE  OR  ANY
GOVERNMENT  OFFICE  OR OFFICIAL. THE STATE SHALL DISCLOSE TO THE DEFENSE
THE EXISTENCE AND THE CONTENTS OF ANY SUCH  CAPTURED  DATA.  A  CRIMINAL
DEFENDANT  SHALL  BE  ENTITLED  TO  INTRODUCE EVIDENCE OF CAPTURED DATA,
HOWEVER OBTAINED AND MAINTAINED, IN HIS OR HER  DEFENSE.  AN  INDIVIDUAL
WHOSE  RIGHTS  HAVE BEEN VIOLATED BY THE IMPROPER CAPTURE OR MAINTENANCE
OF PLATE DATA MAY INTRODUCE EVIDENCE CONCERNING THAT  PLATE  DATA  IN  A
CIVIL  ACTION  OR  MAY  GRANT  PERMISSION  TO  ANOTHER  PARTY IN A CIVIL
PROCEEDING TO INTRODUCE SUCH EVIDENCE.
  8. (A) ANY AGGRIEVED PERSON MAY INSTITUTE A CIVIL ACTION  TO  RESTRAIN
ANY  VIOLATION  OF  THIS  SECTION.    IF,  IN ANY SUCH ACTION, A WILLFUL
VIOLATION IS FOUND TO HAVE OCCURRED, THE VIOLATOR SHALL NOT BE  ENTITLED
TO  CLAIM  ANY  PRIVILEGE ABSOLUTE OR QUALIFIED, AND HE OR SHE SHALL, IN
ADDITION TO ANY LIABILITY FOR SUCH ACTUAL DAMAGES AS MAY  BE  SHOWN,  BE
LIABLE  FOR  EXEMPLARY DAMAGES OF NOT LESS THAN ONE HUNDRED AND NOT MORE
THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION, TOGETHER  WITH  COSTS  AND
REASONABLE  ATTORNEYS'  FEES  AND  DISBURSEMENTS  INCURRED BY THE PERSON
BRINGING THE ACTION.

S. 7245                             4

  (B) ANY EMPLOYEE OF A LAW ENFORCEMENT AGENCY AUTHORIZED TO UTILIZE  AN
ALPR  SYSTEM WHO VIOLATES THE PROVISIONS OF THIS SECTION PROHIBITING THE
USE, SALE, DISSEMINATION OR OTHER DISTRIBUTION OF LICENSE PLATE DATA FOR
OTHER THAN LEGITIMATE LAW ENFORCEMENT PURPOSES  SHALL  BE  GUILTY  OF  A
MISDEMEANOR  PUNISHABLE  BY A SENTENCE OF IMPRISONMENT NOT EXCEEDING ONE
YEAR OR A FINE NOT EXCEEDING TEN THOUSAND DOLLARS OR BY BOTH  SUCH  FINE
AND IMPRISONMENT.
  9.  CAPTURED  PLATE  DATA  SHALL BE CONSIDERED PERSONAL DATA. CAPTURED
PLATE DATA MAY ONLY BE DISCLOSED TO, OR WITH THE PRIOR  WRITTEN  CONSENT
OF,  THE  PERSON  TO  WHOM THE VEHICLE IS REGISTERED; PROVIDED, HOWEVER,
THAT UPON PRESENTATION TO AN OPERATOR OF AN  ALPR  SYSTEM  OF  A  VALID,
CURRENT ABUSE PREVENTION ORDER PROTECTING THE DRIVER OF A VEHICLE JOINT-
LY  REGISTERED  WITH  OR REGISTERED SOLELY IN THE NAME OF THE INDIVIDUAL
AGAINST WHOM THE ORDER WAS  ISSUED,  CAPTURED  PLATE  DATA  MAY  NOT  BE
DISCLOSED  EXCEPT  PURSUANT  TO A DISCLOSURE ORDER OR AS THE RESULT OF A
MATCH.
  S 3. This act shall take effect immediately.