S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2347
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee 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.
              

                                                            LBD02356-01-9

 S. 2347                             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.