S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    40
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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:
   § 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.
   §  2.  The  executive  law is amended by adding a new section 837-t to
 read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03226-01-9
              

 S. 40                               2
 
   § 837-T. 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
 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.

 S. 40                               3
 
   (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.
   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

 S. 40                               4
 
 THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION, TOGETHER  WITH  COSTS  AND
 REASONABLE  ATTORNEYS'  FEES  AND  DISBURSEMENTS  INCURRED BY THE PERSON
 BRINGING THE ACTION.
   (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.
   § 3. This act shall take effect immediately.