S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8557
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 10, 2017
                                ___________
 
 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-f to read as follows:
   § 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;
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00809-01-7

 A. 8557                             2
 
 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.
   § 2. This act shall take effect immediately.