|
REFERENCE TITLE: automated license plate readers |
|
State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
|
|
SB 1138 |
|
|
|
Introduced by Senator Finchem
|
AN ACT
Amending title 28, chapter 3, Arizona Revised Statutes, by adding article 23; relating to TRAFFIC and vehicle regulation.
(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 automated detection of license plates and that captures data associated with license plates for official law enforcement purposes.
2. "Official law enforcement purposes" means the identification of stolen or wanted vehicles, stolen license plates, human trafficking and missing persons and may include gathering of information related to active warrants, homeland security, electronic surveillance, 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. Reasonable suspicion or probable cause is not necessary before using an automated license plate reader.
3. canvassing license plates around any crime scene. Law enforcement agencies shall prioritize the use of automated license plate Readers to canvas areas around homicides, shootings and other major incidents.
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 telecommunication system 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 department-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 telecommunication system database that is accessible to law enforcement officers in this state or national law enforcement telecommunications system unless the operator is authorized to access the data.
E. data from an automated license plate reader may not be accessed unless a criminal case 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.
b. Any data or images collected by an automated license plate reader are not subject to public review, except a law enforcement agency shall share any data or images collected by an automated license plate reader pursuant to a duly authorized warrant or subpoena or any other law.
c. a law enforcement agency that operates a stationary, automated license plate reader is responsible for ensuring proper collection and retention of the data and images collected.
d. All automated license plate reader data and images that are downloaded to a law enforcement AGENCY'S server shall be stored for ninety days. After ninety days, all automated license plate reader data and images shall be deleted, unless the data or images have become or are reasonably believed to become evidence in a criminal or civil lawsuit or the data or images are subject to a lawful action to produce records.
E. all data and images collected by an automated license plate reader shall be collected on a law enforcement agency's server that is not maintained by a third party.
F. A third party that releases any automated license plate reader data or images without authorization is guilty of a class 1 misdemeanor and shall pay a fine of not less than $500 per image or data released.
g. A law enforcement agency that uses an automated license plate reader shall:
1. Refer all non-law enforcement requests for access to stored automated license plate reader data or images to the law enforcement agency's records supervisor, or equivalent, who shall process each request in accordance with applicable law. each request shall include a stated purpose for the reason for access to the data or images.
2. Ensure all automated license plate reader data downloaded to a mobile workstation and server shall be accessible only through a password-protected system capable of documenting all access information by name of the person who accessed the data and the date and the time of access.
3. 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 legitimate law enforcement purposes and only when the data and images relate to a specific criminal investigation that has an active case number or law enforcement agency-related civil or administrative action.
4. Release automated license plate reader data and images to other authorized and verified law enforcement officials and agencies for legitimate law enforcement purposes following the provision of an active case number.
5. Perform system audits on each stationary, automated license plate reader on a regular basis.
6. perform user access audits on a regular basis.