|
Senate Engrossed
automatic license plate readers |
|
(now: license plate readers; privacy; violations)
State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
|
|
SENATE BILL 1111 |
|
|
|
|
AN ACT
Amending title 28, chapter 3, Arizona Revised Statutes, by adding article 23; relating to automated license plate readers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 28, chapter 3, Arizona Revised Statutes, is amended by adding article 23, to read:
ARTICLE 23. AUTOMATED LICENSE PLATE READERS
28-1241. Definitions
IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
1. "AUTOMATED LICENSE PLATE READER" MEANS A TECHNOLOGY THAT PROVIDES STATIONARY or mobile AUTOMATED DETECTION OF LICENSE PLATES AND THAT CAPTURES DATA ASSOCIATED WITH LICENSE PLATES FOR OFFICIAL LAW ENFORCEMENT PURPOSES.
2. "OFFICIAL LAW ENFORCEMENT PURPOSES" includes THE IDENTIFICATION OF STOLEN OR WANTED VEHICLES, STOLEN LICENSE PLATES, HUMAN TRAFFICKING AND MISSING PERSONS, the GATHERING OF INFORMATION RELATED TO ACTIVE WARRANTS, SUSPECT INTERDICTION AND STOLEN PROPERTY RECOVERY.
28-1242. Automated license plate readers; allowable uses; training; authorized access
A. A law enforcement agency shall use an automated license plate reader only for the following purposes:
1. Legitimate and official law enforcement purposes.
2. In conjunction with any patrol operation or criminal law enforcement investigation.
3. canvassing license plates around any crime scene.
4. checking Any partial license plate number reported during a major crime to identify persons of interest.
B. If practicable, a law enforcement officer shall verify an automated license plate reader response through an authorized central law enforcement database that is accessible to law enforcement officers in this state before taking enforcement action based only on an alert from an automated license plate reader.
C. an employee of a law enforcement agency may not operate an automated license plate reader until the employee successfully completes law enforcement agency-approved training for the automated license plate reader.
D. an operator of an automated license plate reader may not access data from an authorized central law enforcement database that is accessible to law enforcement officers in this state or a national law enforcement database unless the operator is authorized to access the data.
E. notwithstanding section 28-1243, subsection D, data from an automated license plate reader may be accessed by law enforcement agencies only if a trackable criminal case number or a trackable INCIDENT number is provided for the data being accessed.
28-1243. Automated license plate readers; data and image collection; requirements; violation; classification
A. All data and images collected by an automated license plate reader are for official use by the law enforcement agency that collected the data and images. this section does not prohibit the law enforcement agency from allowing a vendor to process de-identified or redacted derivatives of data or images collected by an automated license plate reader pursuant to a written AGREEMENT if the vendor uses the data or images only to operate, secure, test or improve the automated license plate reader system.
B. Any data or images collected by automated license plate readers are not subject to a public records request, except a law enforcement agency shall share any data or images collected by an automated license plate reader pursuant to a duly authorized subpoena or any other law.
C. A law enforcement agency that operates an automated license plate reader is responsible for ensuring proper collection and retention of the data and images collected.
D. A person may not access an image of a license PLATE or any other accompanying data that is captured by an automatic license plate reader more than forty-eight hours after notification to law enforcement of an INCIDENT or AN occurrence OF A crime unless a judge has issued a search warrant or a city ATTORNEY, a county ATTORNEY or the ATTORNEY general issues a subpoena for the image or data, except a search warrant or subpoena is not required for any of the following circumstances:
1. If the owner of a vehicle gives voluntary consent authorizing the operator of an automatic license plate reader to access data or images of the owner's vehicle.
2. If the owner of a vehicle files a report with a law enforcement agency attesting that the vehicle is lost or stolen.
3. If exigent circumstances make it impractical to obtain a search warrant or subpoena before the exigent circumstances no longer exist.
4. If searching for evidence related to an amber alert.
5. If searching for evidence related to an alert issued pursuant to section 41-1726, 41-1728 or 41-1728.01.
6. If searching for evidence related to a violation of section 13-1307, 13-1308 or 13-3212.
E. A law enforcement agency that uses an automated license plate reader shall:
1. Ensure all automated license plate reader data is accessible only through a password-protected system capable of documenting all access information by the name of the person who accessed the data and the date and time of access.
2. Ensure any person who is approved to access automated license plate reader data and images pursuant to this article is allowed to access the data and images only for official law enforcement purposes.
3. Release automated license plate reader data and images to other authorized and verified law enforcement officials and agencies for official law enforcement purposes only if the date and time of access to, the reason for access to and the name of the agency that accessed the automated license plate reader data and images are documented in the system, unless the law enforcement agency's policies prohibit the release of license plate reader data and images.
4. Perform annual system audits of the law enforcement agency's automated license plate reader system.
28-1244. Violations; classification
A person who wilfully and intentionally queries, accesses, uses, sells, shares or disseminates an image of a license plate or any captured data from an automated license plate reader in violation of this article is guilty of a class 6 felony, except that a third-party vendor is not liable under this section for disclosing automated license plate reader data or images pursuant to a duly authorized subpoena, warrant or court order.